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Changing Conveyancer Before Settlement

Published by Pearson Chambers Conveyancing on
changing conveyancer before settlement

Buying or selling property in Melbourne is a big step, and the conveyancing process plays a vital role in making sure everything goes smoothly. But what happens if you’re not happy with your conveyancer? Perhaps they’re not responding to your emails, you’ve spotted mistakes in the paperwork, or you’ve found someone who offers better value. You might be asking yourself: can you change conveyancer before settlement?

The good news is, yes, you can. However, it’s not a decision to rush into. Changing conveyancers mid process can affect your timeline, costs, and even the settlement itself.

In this blog post, we’ll:

  • Walk you through the conveyancing process in Melbourne

  • Explain why you might want to switch

  • Outline the steps to do it

  • Highlight what you need to think about beforehand

Whether you’re buying your first home or selling an investment property, this guide will help you make an informed choice.

What Is Conveyancing and Why Does It Matter?

Conveyancing is the legal process of transferring property ownership from one person to another. It’s all about dotting the i’s and crossing the t’s: preparing documents, running searches, and coordinating with everyone involved to ensure the property changes hands legally.

In Melbourne, this process kicks off when you sign a contract of sale and wraps up at settlement, when the keys and ownership officially pass over.

For Buyers:

Your conveyancer handles tasks like:

  • Researching the property title to check for restrictions (think easements or covenants)

  • Holding your deposit in a trust account

  • Sorting out adjustments for rates and taxes

  • Lodging the necessary paperwork

For Sellers:

They’ll take care of:

  • Preparing documents like the contract of sale and the Section 32 statement (a key disclosure document in Victoria)

  • Confirming you’re the rightful owner

  • Managing the financial side, like paying off any mortgages

Given how much is riding on this your money, your property, your peace of mind it’s no surprise that a conveyancer’s performance can make or break the experience.

Why Would You Want to Change Conveyancers?

There are plenty of reasons why Melbourne property buyers or sellers might think about switching conveyancers before settlement. Here are some common ones:

  • Poor Communication: If your conveyancer isn’t replying to your calls or emails, it’s hard to feel confident they’ve got everything under control.

  • Sloppy Service: Maybe they’ve missed something big, like a title issue that could affect your plans for the property.

  • Mistakes in Paperwork: Errors in legal documents aren’t just annoying they can cause serious headaches down the line.

  • Missed Deadlines: If they’re late with things like finance approval dates, it could put the whole deal at risk.

  • Hidden Costs: Surprise fees popping up out of nowhere can sour the relationship fast.

  • Lack of Know How: If they don’t seem clued up on Melbourne’s property rules like the ins and outs of Section 32 statements you might doubt their expertise.

  • Personality Clashes: Sometimes, you just don’t click, and that can make working together a chore.

  • Better Deal Elsewhere: If you find someone offering the same service for less, it’s tempting to switch.

Take this example: imagine your conveyancer overlooks an easement that means you can’t build that extension you’d planned. Or they miss a deadline, leaving you scrambling to sort out finance. These kinds of slip ups can shake your trust and push you to look for someone new.

How to Change Conveyancers in Melbourne

So, you’ve decided it’s time for a change. What’s next? Here’s a straightforward guide to switching conveyancers before settlement:

  1. Tell Your Current Conveyancer
    Put it in writing send an email or letter explaining you’re parting ways and why. It’s not just polite; it keeps things clear and official.

  2. Find a New Conveyancer
    Look for a licensed conveyancer or solicitor in Melbourne with a solid track record. Check reviews, ask for recommendations, and make sure they’ve handled deals like yours before.

  3. Transfer Your Files
    Your new conveyancer will need all the paperwork so far. They’ll usually reach out to your old conveyancer to get everything sent over. Double check this happens quickly to avoid hiccups.

  4. Update Everyone Involved
    Let the other party’s conveyancer, your real estate agent, and your bank or lender know about the switch. This keeps the process moving smoothly.

  5. Sort Out Fees and Timing
    You might owe your original conveyancer for work they’ve already done, unless you’ve got a “no completion, no fee” deal. Timing’s key too try to make the change as early as possible.

The sooner you act, the better. If you’re weeks away from settlement, switching can get tricky, but it’s still doable with the right planning.

Things to Think About Before You Switch

Before you pull the trigger, weigh up these factors they could make a big difference:

Timing

The earlier you switch, the less hassle you’re likely to face. Changing conveyancers a few days before settlement is riskier than doing it a month out.

Your Contract

Check the agreement you signed with your current conveyancer. Some include terms about ending the relationship early like fees for work done or notice periods.

Costs

Switching isn’t free. You might have to pay:

  • Your old conveyancer for their time so far

  • A fee to transfer your files

  • Your new conveyancer to take over

Get quotes from both sides before you commit.

Delays

A new conveyancer needs to review your file from scratch. If they’re rushed, things might slip, pushing back your settlement date. In Victoria, delays can mean penalty interest usually 2% above the contract rate.

What Could Go Wrong If You Change?

Changing conveyancers is your right, but it’s not without risks. Here’s what could happen:

  • Settlement Delays: If your new conveyancer can’t hit the ground running, settlement might be postponed.

  • Extra Expenses: Paying two conveyancers can stretch your budget.

  • Lost Details: During the file transfer, there’s a chance something important gets missed.

  • Awkward Vibes: Switching might ruffle feathers with the other party or your lender.

For instance, if settlement’s delayed because your new conveyancer needs an extra week, you could face penalty interest. Or if a document goes astray, it might hold up the final steps.

Can You Fix Things Without Switching?

Before you jump ship, consider sorting things out with your current conveyancer:

  • Speak Up: Arrange a chat or call to explain what’s bothering you.

  • Ask for a Plan: Request a timeline of what’s left to do and when it’ll be done.

  • Go Higher: If they’re still not cutting it, ask to talk to a senior person at their firm.

  • Keep Records: Note down every email or conversation.

Sometimes, a quick fix can save you the hassle of starting over.

Choosing the Right Conveyancer From the Start

The best way to avoid all this? Pick a great conveyancer right out of the gate. Here’s how to nail it:

  • Check Their Credentials: Make sure they’re licensed in Victoria.

  • Read Reviews: Ask mates, family, or your agent who they’d recommend.

  • Ask Questions: Chat with them about their experience and fees.

  • Get Fee Details: Ask for a full breakdown base fees (usually $980 - $1,500 in Melbourne), plus extras.

  • Confirm They’re Free: Make sure they’re available to take on your matter.

You’ve also got a choice between licensed conveyancers and solicitors. Conveyancers focus on property; solicitors can handle broader legal issues.

The Role of PEXA in Melbourne Conveyancing

In Victoria, most settlements now happen online through PEXA (Property Exchange Australia). It’s a digital platform that lets conveyancers, solicitors, and banks lodge documents and settle funds electronically.

It’s faster and safer than paper methods but your conveyancer needs to be PEXA savvy.

Wrapping It Up: Should You Change Conveyancers?

Yes, you can change your conveyancer before settlement in Melbourne, but it’s a call that needs some thought. Balance why you want to switch say, poor service or costly mistakes against the potential downsides.

If you’re set on it:

  • Act early

  • Follow the right steps

  • Choose your new conveyancer carefully

Need Help? Pearson Chambers Conveyancing Is Here for You

If you’re feeling stuck or just want a second opinion, Pearson Chambers Conveyancing is here to help. We know Melbourne’s property scene inside out and pride ourselves on clear, reliable service.

Whether you’re switching conveyancers or starting fresh, we’ll guide you every step of the wayand we even offer a free Section 32 contract review for new clients.

Ready to chat? Contact us today:

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