Professional Conveyancing Services

Frequently Asked Questions

What is conveyancing?
What Is A Conveyancer?
What is a Certified Practising Conveyancer (CPC)?
Are all conveyancers (CPCs) the same?
What questions should I ask my Conveyancer (CPC)?
Should buyers and sellers use the same conveyancer(CPC)?
Should I use the conveyancer (CPC) the estate agent has referred me to?
If I sell my house without the intervention of an Estate Agent do I still need a conveyancer (CPC)?
Do all conveyancers (CPCs) carry professional indemnity insurance?

Question: What is conveyancing?
Answer: Conveyancing is primarily the process of transferring the ownership in property. However before this occurs there is much investigation and enquiries which precedes the final process.

Question: What Is A Conveyancer?
Answer: A Conveyancer means a person, other than a current practitioner or interstate practitioner, who carries on a business in the course of which conveyancing work is carried out directly or indirectly for fee or reward. As from the 1st July 2008 Conveyancers are required to be Licensed under the Conveyancers Act 2006 in order to carry on business as a Conveyancer.

Question: What is a Certified Practising Conveyancer (CPC)?
Answer: The Australian Institute of Conveyancers (Victorian Division) Inc. formerly referred to as The Victorian Conveyancers’ Association (AIC) took the first steps toward introducing industry quality standards with the launch of a certification program for its Members on March 5, 1998. This means that a comprehensive program exists setting industry standards for qualifications and practice for Victorians working in conveyancing management, business, government and for those who are independent Conveyancing Practitioners.

The Institute’s CPC program introduced the first form of self-regulation for non-lawyer Conveyancers. This was the first self-regulated program that was set up for Conveyancers in Australia for Conveyancers who are suitably qualified, educated and proficient in their field. The New South Wales Division of the Australian Institute of Conveyancers have now adopted a program along the Victorian CPC Program.

Persons must be a member of the Institute and have gained the status of Certified Practising Conveyancer to be able to use the term ‘Certified Practising Conveyancer’ or ‘CPC’.

The Certified Practising Conveyancer (CPC) program provides Victorian non-lawyer Conveyancers with industry recognition. The CPC program also sets standards for professional training, qualifications and an ongoing professional development program.

Question: Are all conveyancers (CPCs) the same?
Answer: No. As with any profession or trade each individual will be different. Some CPCs are self-employed and some work in small business or in large conveyancing firms. Some will offer a wider range of services than others and they will all have their own set of fees and business practices.

If you use a member of the Australian Institute of Conveyancers then you know that the conveyancer (CPC) you have chosen has undertaken specialist training, participates in a compulsory professional development program, holds professional indemnity insurance for your protection and will offer professional service and advice.

Question: What questions should I ask my Conveyancer (CPC)?
Answer: It is important that you explain carefully your personal situation and exactly what you want. Explain anything that may have an influence on your transaction. Finance needs to be discussed and any time limits preferrred. Your CPC may be able to assist you in obtaining your finance.

Advise your CPC of any details even if you feel it may not be relevant as your CPC will be able to decide what is important or not.

Question: Should buyers and sellers use the same conveyancer(CPC)?
Answer: There is nothing legally wrong with using the same conveyancer (CPC), however, the AIC does not recommend this practice. Your conveyancer (CPC) is working for you and to give you the best advice and guidance throughout your transaction.
It is not always possible to give a buyer and seller the same advice and a conflict can arise. Sometimes these conflicts are only small but can have a large bearing on your transaction and it is not always possible to predict when a conflict may arise. The small amount of savings made, if any, when using the same conveyancer (CPC) will not balance out the risks that are potentially huge. Large delays can be experienced if the conveyancer (CPC) cannot continue to act for either party if a conflict of interest arises.
Remember that conveyancing is not just the filling out of forms and attending to stamp duty payments. This may be the largest transaction of your life and you will want to know that your conveyancer (CPC) is acting in your best interests and not compromising with someone else’s at the same time. Have comfort of mind by using your own CPC.

Question: Should I use the conveyancer (CPC) the estate agent has referred me to?
Answer: Many estate agents refer clients to a local conveyancer (CPC). There is nothing wrong with this practice so long as it is based on the professionalism and expertise of the conveyancer (CPC). If you don’t know a conveyancer then this referral may be helpful to you.
Keep in mind that the CPC is there to protect your interests and if you would prefer to select your own conveyancer (CPC) then you can refer to the AIC for a referral or check our web site to find a CPC of your own choosing. While there is usually nothing wrong with the agent referring you to a conveyancer you need to feel comfortable with it and it is your choice not the agents as to whom you use.

Question: If I sell my house without the intervention of an Estate Agent do I still need a conveyancer (CPC)?
Answer: Yes. The sale of real estate requires a contract to be in writing and in Victoria, there is a requirement for a Vendor under a Contract of Sale for the sale of real estate to give to the purchaser before he or she signs the contract a statement signed by the Vendor and include in the contract a statement (known as a Vendor’s Statement) containing various matters specified under Section 32(2) of the Sale of Land Act 1963. If all or part of the information or documents required to be given to a Purchaser is not provided the Purchaser may rescind any contract for the sale of real estate. It is therefore important if you are going to sell without an agent that you should consult your Conveyancer CPC before you do anything further.

Question: Do all conveyancers (CPCs) carry professional indemnity insurance?
Answer: All AIC Conveyancers are covered by a policy of Professional Indemnity Insurance. This is done for your protection in the unlikely situation that something goes wrong with your transaction. You should therefore check to see that your conveyancer is a member of the AIC.

It is not presently compulsory for Conveyancers in Victoria to be covered by a policy for Professional Indemnity Insurance CPC. This is to change with new legislation to operate in Victoria no later than 1 July 2008. The Conveyancers Act 2006 will require all Conveyancers to be covered by a policy for professional indemnity insurance.

PCS is a Certified Practising Conveyancer PCS is a member of Australian Institute of Conveyancers (Victorian Division)
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