In property transactions, there are many misconceptions about who should choose the conveyancer and who should pay for the conveyancing services. Typically, the seller chooses the conveyancer and the purchaser pays for the services. However a purchaser can also asked to select their own conveyancer. It is also common for estate agents to claim that only their conveyancer can handle the transfer or that their preferred conveyancer has the necessary experience for a particular estate. This is not true, and both sellers and buyers should be very wary of estate agents who insist on using a specific conveyancer.

The Impartial Role of the Conveyancer

Conveyancers play a crucial role in ensuring that property transfers comply with legal requirements and that the transaction runs smoothly. Their responsibilities include:

• Legal Due Diligence: Conducting thorough title searches and reviewing all legal documents.

• Document Preparation: Drafting and finalising the sale agreement, transfer documents and compliance certificates.

• Advice and Representation: Providing independent guidance that benefits both the seller and the purchaser.

A conveyancer is expected to operate impartially. This means that while they work closely with both parties, they must not favour one over the other. Their goal is to facilitate a fair transaction by ensuring that all legal obligations are met and that both parties are protected.

The Traditional Model: Seller Chooses and Purchaser Pays

In many property transactions, the seller is given the freedom to choose the conveyancer. This tradition is based on the principle that the seller is responsible for ensuring that all legal documentation is in order and that the property title is clear before the transaction. Despite the seller selecting the conveyancer, the financial responsibility for the conveyancing services usually falls on the purchaser.

This traditional model is based on the following rationale:

• Seller’s Role: The seller is responsible for providing clear title deeds and resolving any title issues. They often have established relationships with conveyancers who are experienced in managing these tasks.

• Purchaser’s Payment: Even when the seller selects the conveyancer, the purchaser customarily bears the cost of the services as part of the overall transaction expenses.

The Advantage of Appointing Your Own Conveyancer

Purchasers have the option to ask to appoint their own conveyancer. This choice can offer several benefits:

1. Enhanced Protection of Interests

When a purchaser chooses their own conveyancer, they ensure that their unique interests are directly represented.

2. Potential for Fee Negotiation

By appointing your own conveyancer, you may have greater leverage to negotiate fees. Independent conveyancers understand the competitive nature of the market and are often willing to discuss fee structures to offer value without compromising on the quality of service.

Beware of Estate Agent Claims

It is not uncommon for estate agents to insist that only their preferred conveyancers can handle the property transfer. Such claims often suggest that this conveyancer has exclusive expertise or a proven track record with similar transactions. However, these assertions are misleading for several reasons:

• No Exclusive Requirement: There is no legal mandate that requires the use of a particular conveyancer recommended by an estate agent.

• Potential Conflicts of Interest: Estate agents may have financial or professional ties with specific conveyancers, which could influence their recommendations.

• Your Right to Choose: Both sellers and buyers should conduct independent research to select a conveyancer who meets their needs and offers competitive fees.

How Barter McKellar Can Help

At Barter McKellar, we are committed to providing transparent and impartial conveyancing services that cater to both seller and purchaser interests. Our expert team:

• Delivers Unbiased Advice: We ensure that all parties receive clear and independent guidance tailored to their unique needs.

• Offers Competitive Fee Structures: Our flexible approach includes opportunities for fee negotiation without compromising on service quality.

• Ensures a Smooth Process: With meticulous attention to legal detail we help streamline the property transfer process from start to finish.

Conclusion

The role of a conveyancer is to act impartially, safeguarding the interests of both the seller and the purchaser during a property transfer. While the traditional model often has the seller appoint the conveyancer and the purchaser paying the fees, appointing your own conveyancer can provide enhanced protection and the opportunity to negotiate fees. Buyers and sellers should be cautious of property practitioners who claim that only their preferred conveyancer is suitable. Instead, conduct your own research and choose the professional best suited to your needs.

For expert, independent, and competitive conveyancing services, contact Barter McKellar today.