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Vendor's solicitor

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					Law Extension Committee            Conveyancing

FLOW CHART - A TYPICAL CONVEYANCING MATTER (for class discussion purposes)
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    Vendor’s solicitor/conveyancer           Purchaser’s solicitor/conveyancer
Vendor desirably instructs
solicitor/conveyancer before
instructing agent or deciding to sell
without agent

If property is be sold with agent,
solicitor/conveyancer checks selling
agency agreement

confirms instructions with client and
enters into costs agreement with client
and orders:
       title searches
       planning certificate
       sewer plan
       survey, building certificate
       HOW insurance if property sold
by owner builder within 6 years from
completion of building work

commences preparation of contract
including special provisions to make
any disclosures or deal with other
matters
discusses various issues with client
including, in the case of property not a
“dwelling house”, whether to provide in
the contract that the risk passes on
exchange of contracts

attaches certificates and completes
contract

copy of contract to agent for
advertising

buyer found and sale advice received

completed contract submitted to            contract received and considered,
purchaser’s solicitor                      client contacted and instructions
                                           confirmed

                                           client advised of importance of pre
                                           purchase inspections and pre contract
                                           enquiries

                                           pre contract enquiries made of the


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Law Extension Committee             Conveyancing

FLOW CHART - A TYPICAL CONVEYANCING MATTER (for class discussion purposes)
_____________________________________________________________________________
                                          vendor’s   solicitor      and      replies
                                          considered

Any pre exchange contract questions if there is no survey attached to the
answered                            contract obtain one and desirably a
                                    building certificate

                                          client signs contract and exchange
                                          arranged (with or without 66W
                                          certificate); discuss with client the
                                          issues of obtaining insurance of the
                                          improvements and lodging a caveat

Exchange (time starts to run)             Exchange (time starts to run)

contact vendor’s mortgagee to arrange contact mortgagee and provide copy of
discharge of mortgage                 front page of the contract

                                          prepare and send requisitions, prepare
                                          transfer & notice of sale, order
                                          statutory inquiries, contact mortgagee

reply to requisitions
                                          arrange for payment of stamp duty or
                                          for exemption from duty

                                          submit marked transfer to vendor’s
arrange for transfer to be signed         solicitor for signature

                                          check replies to       requisitions   and
                                          replies to enquiries

                                          prepare and submit settlement figures
                                          to vendor’s solicitor and client
chase mortgagee for payout, confirm
discharge of mortgage held and where
settlement will take place

check settlement figures and give
cheque directions to purchaser’s
solicitor

arrange settlement                        arrange settlement

attend settlement                         attend settlement

report to client                          report to client

                                          register transfer if no mortgage

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Law Extension Committee          Conveyancing

FLOW CHART - A TYPICAL CONVEYANCING MATTER (for class discussion purposes)
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