What Is Conveyance In Homebuying

Conveyance may appear as a dense legal term within the realm of real estate. First-time buyers are often easily confused when approaching all the documentation and stages of the purchase process but in reality, conveyance is simply the legal transfer of property from one person to another. When you agree to purchase a home, you make an offer (that's then accepted by the seller), arrange final approval on any financing agreement you've made with a bank or other financial institution, and then finalize the agreement to trade capital for ownership of the home. This last component is the conveyancing process, which crystallizes the terms of the purchase in a legal document, as per Investopedia.

Conveyance is a legal process that directly allocates and stipulates the terms of the real estate sale, and it acts as a protective barrier for both parties as well. During the conveyancing process, buyers and sellers go through checks and certifications that ensure both parties are receiving exactly what they expect. Contracts Counsel reports that the purpose of conveyancing is to streamline agreement between parties and ensure that property is transferred from one owner to the next in compliance with legal mandate procedures and without issue.

Conveyance finalizes a contract to sell for the property owner

The conveyancing process is actually quite simple. It's a legal contract-writing exercise that lists out details of the asset in question, responsibilities of both parties involved in the transaction (the buyer and seller), and other relevant details that pertain to the sale and transference of ownership, according to Investopedia.

Conveyance is the final step in the sale of a home, used to list out all the details and obligations of the contract so that confusion won't enter into the sale at any point in the future. Involved in the conveyancing process is also the matter of tax payment. Property taxes or real estate transfer taxes are assessed in varying ways by local or state authorities, and they must be paid in order to finalize the transaction, seeing assets exchange hands and both parties going their separate ways. Conveyance is often done with the help of a lawyer or experienced real estate agent with knowledge and expertise in this aspect of the transaction of real estate assets.

Conveyancing also protects the buyer from malicious intent

In addition to shoring up the terms of the contract for the seller (as it relates to pricing and transference of financial assets), conveyance also provides protection for the buyer. Homeowners are rarely malicious in their efforts to hide flaws, defects, and blemishes in a home they're trying to sell, but there is certainly an effort to spruce up the place on a stringent budget that takes form in every home that's placed on the market. Cutting corners in certain areas is to be expected in some sense but overt attempts to cover over serious issues is certainly not acceptable.

Acts like adding a thin cement layer over a deep crack in the home's pier and beam foundation in an attempt to fool an inspector, for instance, rises to a different level that may be punishable based on the terms of the conveyancing. Contracts Counsel notes that a breach of contract is a serious issue that conveyancing works to protect against. In the terms of a conveyance agreement, not only will the legal team working on the transfer of property include details about the date and pricing, but the document will list out any other agreements, liens, title documents, and other relevant details, such as notable conditions within the property.

This is all done to protect the new buyer from an old lienholder that the seller is trying to shirk responsibility for, known damage to the home, and more.