Conveyancing is a process by which legal title of real property is transferred from one person to another, or the granting of an encumbrance such as a mortgage or a lien. Ordinarily, the conveyancing practice has normally been conducted to date by advocates acting for the vendor and purchaser respectively (the conveyancer). The parties in conveyancing processes do not take part in the process. They simply agree and afterwards, the process is commandeered by the conveyancer. As such, there should be standards of competence and ethical conduct. The advocate is mandated to carry out the following tasks:
- Representation and correspondence
- Advice the client on appropriate options
- Investigate the property and/or purchaser including; government restrictions and operations, visit to the property, inspecting the property etc.
- Draft relevant documents
- Apportioning the fees to clients
When acting for a Purchaser
- Carrying out the search
- Scrutinizing title documents
- Approving sale agreement and sends out requisition for the same
- Preparing transfer or conveyance and engrosses the same
- Attending to the execution of conveyance or transfer where necessary
- Stamping and lodging documents for registration
- Obtaining and paying the purchase monies to the vendor‟s advocate.
When acting for the vendor
The vendor’s advocate should carry out the following fundamental duties:
- Prepares agreement
- Prepares title documents
- Approves transfer/conveyance
- Procures execution of transfer of conveyance
- Attests the execution of a transfer or conveyance
- Receives and accounts for the proceeds of sale to his client
- Acquire all relevant consents
Acting for Both Parties
An advocate can act for both the vendor and the purchaser. However, the advocate should refrain from acting for both parties where there is a conflict of interest or where such a conflict is likely to arise.
