Why use a conveyancing practitioner

by Karen Faalilo

Conveyancing is the term used to describe the legal work required to transfer the ownership of real estate from one person or entity to another.

The Lawyers and Conveyancers Act 2006 came into force on 1 August 2008.

This allowed for the establishment of a new conveyancing profession in New Zealand. This enabled Conveyancers to undertake the legal work which is required when selling or purchasing a home.

Consumers in New Zealand now have a choice for their legal support in the conveyancing process and are able to reap the benefits of specialist conveyancers which previously had been the sole domain of solicitors.

Conveyancers specialise in property and have specific training and qualifications in all areas relating to the sale and purchase of real estate and related transactions. Whether you are buying, selling or refinancing a property, you will require the services of a conveyancing professional to manage the legal process of transferring ownership from one person or entity to another.

As New Zealand’s professional body representing Conveyancing Practitioners, the NZSoC (New Zealand Society of Conveyancers) recommends that consumers utilise the services of one of their expert conveyancing members (a list of Conveyancing Practitioners throughout New Zealand can be found on the NZSoC website).

NZSoC strongly recommends you consult with a conveyancer prior to signing any contract to ensure that the contract contains the appropriate clauses to protect your interests.

To appoint a conveyancer, simply insert their details in the final page of the Agreement for Sale and Purchase, and ensure that they are provided with a copy of the agreement as soon as possible.

Some of the advantages in appointing a Conveyancing Practitioner include:

• Conveyancing Practitioners focus primarily on conveyancing matters and property law, making them specialists in their profession;

• Conveyancers have completed the educational and practical training requirements to ensure that they deliver a wealth of experience and sound advice to their clients;

• Conveyancing Practitioners are required to hold Professional Indemnity Insurance, which offers protection for all clients should any action or omission by a conveyancer in their professional capacity be overlooked. All clients can feel confident when instructing a Conveyancer that they are adequately covered in an unlikely event happening;

• The NZ Society of Conveyancers has stringent rules surrounding the registration of Conveyancers, ensuring that only suitable, experienced and qualified persons can operate in the market place;

• Upon registration as a Conveyancer, practitioners must abide by the ‘Rules and Codes of Conduct’ as outlined in New Zealand legislation, and also as determined by the NZ Society of Conveyancers.