Conveyancing

Whether you are buying or selling a property, or just thinking about doing so, Finlay Watchorn is here to guide you through the process.

We handle sales and purchases of rural, residential, and commercial properties for both sellers and buyers.

We also handle complex conveyances in Tasmania and provide smart advice and representation through the process.

Our clients choose us for all their conveyancing matters because we care about the work we do, and it shows. With our knowledge of conveyancing law and our commitment to providing personalised service, we strive to make your property transaction as smooth and stress-free as possible.

By retaining our conveyancing services, you get:

• Experience: Our team of conveyancing professionals has over 35 years of experience in handling a wide range of property transactions.

• Transparent Communication: We keep you informed and updated at every step of the conveyancing process, ensuring transparency and peace of mind.

• Personalised Service: We understand that every client's situation is unique, and we tailor our services to meet your specific needs and goals.

• Positive Outcomes: With a history of successful outcomes and satisfied clients, you can trust us to handle your conveyancing matters with professionalism and integrity.

You need to be represented

Since March 2024, the Land Titles Office requires property ownership transfers in Tasmania to be undertaken either by a licenced conveyancer or solicitor. It is no longer possible for people to undertake their own conveyancing.

A licenced conveyancer is a property professional licensed under the Conveyancing Act 2004 (Tas) to conduct conveyancing on behalf of clients. 

A solicitor, on the other hand, is a legal specialist licensed under the Legal Profession Act 2007 (Tas) who can do everything licenced conveyancers do and more. 

When choosing between a licenced conveyancer or solicitor, keep in mind that property law is not the only area of law relevant to conveyancing. Real Estate is often the single largest component of a person's net wealth. Buying or selling real estate can therefore impact estate plans set out in a Will. There may also be trust or taxation issues that need to be considered. A solicitor can address these other issues, providing a more thorough, rewarding experience. 

Conveyancing Services We Provide

There is a lot that can go wrong when selling or buying property. There can be disputes over contracts or boundaries. There may be easements or other encumbrances on the property. There could be title defects, caveats, and restraining orders. Even the seemingly easiest of conveyances can have an issue arise that causes delays.

Our experienced legal team has successfully navigated numerous conveyancing cases. We put forth our legal knowledge and resources to ensure that our clients' interests are protected at every stage of the transaction.

In doing so, we offer a comprehensive range of conveyancing services. Generally, this includes:

• Contract preparation and review
• Title searches and due diligence
• Negotiation and settlement
• Dispute resolution
• Legal advice and representation

Below are some specific conveyancing services we offer.

Off the Plan

Conveyancing involving "Off the Plan" properties refers to the sale or purchase of properties that have not yet been constructed or are still under development. This type of transaction presents unique challenges and considerations, such as ensuring that contracts include specific provisions regarding construction timelines, potential changes to the property during development, and the developer's obligations to buyers. Our firm assists clients in navigating these complexities, providing advice and analysis throughout the process.

Proposed Sale

A proposed sale refers to the intention to sell a property, often before a formal contract is entered into. During this stage, in the absence of a licenced real estate agent or in conjunction with such an agent, it is sensible to engage legal counsel to review any proposed sale agreements or offers to ensure that they accurately reflect the terms agreed upon by the parties. Our firm provides comprehensive legal advice and assistance to sellers, helping them draft legally binding contracts and negotiate favourable terms.

Purchase of a Property

The purchase of a property involves numerous legal steps, including contract negotiation, title searches, due diligence, and settlement. Our firm assists buyers in every aspect of the purchase process, ensuring that their rights are protected and that the transaction proceeds smoothly. We conduct thorough property searches to identify any potential issues or encumbrances and provide smart guidance on contract terms and negotiation strategies.

Purchase of Rural Property

The purchase of rural property presents unique legal considerations, such as zoning regulations, water rights, access easements, and environmental restrictions. We understand the complexities involved in purchasing rural properties. We work closely with our clients to address any specific concerns or requirements and ensure that their interests are safeguarded throughout the transaction.

Sale of a Property

Selling a property involves drafting a legally binding contract, negotiating terms with potential buyers, and ensuring compliance with all legal requirements. Our firm can assist sellers in preparing sale contracts, conducting property inspections, and facilitating the settlement process. We work diligently to protect our clients' interests and achieve the best possible outcome for their property sales.

Sale by Mortgagee

A sale by a mortgagee occurs when a property is sold by the mortgage lender (usually a bank) due to default by the borrower. This type of transaction involves specific legal procedures and obligations for both the lender and the borrower. Our firm provides legal advice to mortgagees and borrowers involved in such sales, ensuring that all parties' rights are protected and that the sale proceeds smoothly and efficiently.

Sale of Deceased Estate

The sale of a deceased estate involves unique legal considerations, including probate, inheritance laws, and potential disputes among beneficiaries. Our firm assists executors and beneficiaries in navigating the complexities of selling a deceased estate, ensuring compliance with all legal requirements and facilitating a smooth and fair distribution of assets.

Sale of Rural Property

Similar to the purchase of rural property, the sale of rural property requires careful consideration of zoning regulations, environmental factors, and access rights. Our firm provides comprehensive legal assistance to sellers of rural properties. We ensure that all legal requirements are met and that the sale proceeds efficiently and without complications.

Stakeholder

In conveyancing transactions, a stakeholder is a neutral party (often a lawyer, conveyancer or real estate agent) who holds funds or documents on behalf of the parties involved until certain conditions are met, such as settlement. As a trusted stakeholder, our firm ensures that all funds and documents are held securely and that transactions are completed in accordance with the agreed-upon terms. We act with integrity and impartiality, providing peace of mind to all parties involved in the conveyancing process.

Contact Us Today

Ready to take the next step in your property transaction? Call on 03 6229 5655 to schedule a consultation. Let us guide you through the legal intricacies of conveyancing and help you achieve your property goals.