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In Western Australia – conveyancing is the transfer of legal title of real estate or land from one person to another, or the granting of an encumbrance such as a mortgage from one person to another.
A typical conveyancing transaction comprises the entering into a contract for the sale of land (through the signing of an offer and acceptance by the buyer and seller), financial settlement (exchange of money and documents) and registration of the transfer and other documents onto the Register of Land Ownership held by Landgate.
A buyer of the property must ensure that he or she obtains a good and marketable ‘title’ to the land; i.e., that the seller is the owner, has the right to sell the property, and there is no factor which would impede a mortgage or re-sale.
In Western Australia conveyancing can be done by a solicitor or licensed settlement agent (also known as a conveyancer). The difference between a licensed settlement agent and a solicitor is that solicitors normally practice all areas of law, including conveyancing. Licensed settlement agents are regulated by the Department of Commerce and operate under the Settlement Agents Act 1981. Conveyancers / Settlement Agents can only perform work as outlined in Schedule 2 of the Settlement Agents Act.
We suggest if you are looking for a settlement agent (conveyancer) in your area – use our ‘Find a Conveyancer‘ service.