Property Purchase Support for Expats

Do I need a conveyancer or solicitor, and how will they handle my purchase remotely?

Yes, you will definitely need a conveyancer or property solicitor when buying property in Australia (whether you’re overseas or in Australia). Conveyancing is the legal process of transferring property ownership, and a licensed conveyancer/solicitor will manage this process for you. For expats, having a good conveyancer is even more crucial because you’re not on the ground to drop into offices or chase paperwork – they become your legal representative in the transaction.

Here’s what a conveyancer/solicitor will do and how it works remotely:

  • Contract of Sale Review: Before you sign any purchase contract, your conveyancer should review it. They will check the terms, identify any special conditions, and explain your obligations (for example, deposit amount, settlement period, etc.). They can communicate with you via email or phone to discuss the contract. Location is not an issue – you can scan/email them the contract, and they’ll advise if any changes are needed.
  • Searches and Due Diligence: They conduct title searches, check for any encumbrances or caveats on the property, review council plans, etc. This doesn’t require your presence; they liaise with authorities electronically.
  • Liaising with Seller’s Solicitor: Your conveyancer will be in contact with the seller’s solicitor to handle the exchange of signed documents and any agreed amendments. All of this can be done via email/courier.
  • Signing Documents: You will need to sign the transfer documents and possibly loan documents (if not already handled). The conveyancer will courier or email you any documents that need your signature. Many documents can be signed, witnessed (if needed) locally and then sent back. Some Australian states now accept electronic signatures for conveyancing documents, which simplifies things further. Your conveyancer will instruct you on what form of signing is acceptable.
  • Settlement: On the day of settlement, you don’t have to be there. The conveyancer will attend the settlement on your behalf (these days, settlements often occur electronically via a platform called PEXA). They ensure that the money from your bank (home loan plus your deposit contribution) is paid to the seller and that the title is transferred to your name. They’ll then send you confirmation that settlement is complete.
  • After Settlement: They can also help with tasks like ensuring any stamp duty is paid (usually handled at settlement if you have a loan, as the bank will require it), and they’ll inform authorities about the change of ownership.

In terms of choosing a conveyancer while you’re overseas, you can rely on referrals (AEXPHL can suggest some we’ve worked with who are comfortable dealing with expat clients via email). Make sure to engage someone in the state where you are buying, as property law is state-specific (e.g. a NSW conveyancer for a Sydney property, a Victorian solicitor for a Melbourne property).

Working remotely with a conveyancer is standard practice – they regularly handle clients who might not be local. Communication will primarily be through email, and perhaps a phone call for important discussions. The key is responsiveness and clarity, which good conveyancers provide.

In summary, a conveyancer/solicitor is an essential member of your team. They will handle all legal aspects of your purchase so that you don’t have to be physically present. With their help (and ours on the finance side), you can complete the property purchase from overseas just as smoothly as any local buyer.

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