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Conveyancing Agreement

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CONVEYANCING AGREEMENT

This Conveyancing Agreement (the Agreement) is entered into on Effective Date: between Client Name: (Client) and Conveyancer/Firm Name: (Conveyancer). The parties agree as follows.

1. Property Identification

2. Appointment and Scope of Services

The Client hereby appoints the Conveyancer to provide conveyancing services in relation to the Property. The Conveyancer will, as applicable, perform the services checked below. The Conveyancer shall act with reasonable skill, care and diligence in accordance with applicable professional standards.

The Conveyancer will not be responsible for matters outside this scope unless agreed in writing. Where additional services are required, the Conveyancer will notify the Client and obtain prior instructions and authority.

3. Key Dates

Proposed Settlement Date: . Possession Date: .

4. Fees, Retainer and Disbursements

The Client agrees to pay fees and disbursements as set out below. All amounts are payable in the currency agreed unless otherwise stated.

Overdue payments may attract interest at the rate of or the maximum rate permitted by law.

5. Client Responsibilities

The Client must provide accurate instructions, produce all documents and identification reasonably required by the Conveyancer, promptly respond to requests, and pay fees and disbursements in accordance with this Agreement. Failure to do so may delay completion and the Conveyancer may suspend work.

6. Searches, Disclosures and Known Defects

The Client discloses the following known matters affecting the Property. Select Yes or No for each item. The Client warrants the accuracy of these disclosures to the best of their knowledge.

7. Conflict of Interest, Confidentiality and Privacy

The Conveyancer will notify the Client of any actual or potential conflict of interest. The Conveyancer will keep client information confidential except as required by law or as necessary to provide the services, and may collect, store and use personal information for these purposes.

8. Limitation of Liability and Indemnity

Subject to applicable law, the Conveyancer's liability to the Client for any loss arising out of the provision of services is limited to an aggregate amount of: . The Client indemnifies the Conveyancer against any claims arising from instructions given by the Client that are incorrect, incomplete, or fraudulent.

9. Termination and Suspension

Either party may terminate this Agreement on written notice if the other party breaches a material obligation and fails to remedy the breach within a reasonable period. The Conveyancer may suspend services where the Client fails to pay fees or provide required documentation.

10. Notices

Notices under this Agreement must be in writing and delivered to the addresses below. Service by email is effective where receipt is acknowledged or where the sender's transmission report confirms delivery.

11. Governing Law and Entire Agreement

This Agreement is governed by the laws of: and constitutes the entire agreement between the parties in relation to the services described.

12. Execution

Each party warrants that they have authority to enter into this Agreement and that the information provided is true and complete.

Client:

By:

Date:

Conveyancer / Firm:

By:

Date:

Enter text✕

What a Conveyancing Agreement Is and when it applies

A Conveyancing Agreement is a written contract that governs the transfer of real property from one party to another and sets out the obligations of the parties and any agents involved. It typically identifies buyer and seller, describes the property with a legal description, records purchase price and payment terms, allocates title search and closing responsibilities, and defines conditions precedent to completion. The document may accompany or be incorporated into a purchase contract, and it documents the scope of conveyancing services provided by attorneys, conveyancers, or title companies during settlement.

Why a clear Conveyancing Agreement matters

A precise Conveyancing Agreement reduces closing delays, limits disputes about obligations, and creates an auditable record for title transfer. It clarifies allocation of costs, timing for title searches and recording, and the process for resolving defects before funds change hands.

Why a clear Conveyancing Agreement matters

Who typically prepares and signs a Conveyancing Agreement

Conveyancing Agreements are used by multiple parties involved in a real estate closing; the responsible party varies by transaction type and state practice.

  • Buyers and sellers: Private parties who need clear allocation of closing duties and costs.
  • Real estate attorneys: Prepare and review clauses, handle title searches, and manage escrow instructions.
  • Title companies and escrow agents: Coordinate searches, title insurance, recording, and disbursements at closing.

The agreement’s drafter should ensure parties, title company, and closing agent receive identical signed copies and that any state-specific formalities are followed.

Primary signers and stakeholders

Conveyancer

Licensed conveyancer or real estate attorney who prepares the agreement, manages title searches, and coordinates recording. Their obligations include delivering clear title and handling escrow disbursements; the agreement should specify timelines, fees, and liability limits.

Title Officer

Representative of the title or escrow company who performs searches, issues title commitments, and arranges recording. The agreement should state who pays for title insurance, the timing for issuance, and procedures for resolving title defects.

Essential elements in a professional Conveyancing Agreement

A complete Conveyancing Agreement combines identification, transaction terms, title requirements, and closing logistics into a single document so each party understands responsibilities and timing.

Parties

Full legal names and entity types of buyer, seller, and any agent; include authorized signers for corporate or trust parties and counsel contacts.

Property

Precise street address plus recorded legal description or parcel ID. Use the recorded legal description to avoid ambiguity during recording and title search.

Price & Payment

Purchase price, deposit amounts, escrow instructions, and allocation of closing costs. Specify currency, payment deadlines, and conditions for release of funds.

Title & Searches

Scope and timing of title search, title commitment delivery, indemnities, and required curative actions for defects discovered prior to closing.

Conditions Precedent

Contingencies such as financing, inspection, clear title, and regulatory approvals; include deadlines and cure periods for each contingency.

Closing & Recording

Location and procedure for closing, who arranges recording of deed, payment of recording fees, and distribution of executed instruments after recording.

Security and compliance items to include

Encryption: Use TLS 1.2/1.3 and AES-256
Audit Trail: Capture timestamps, IPs, and actions
Access Controls: Role-based permissions and MFA
Sensitive Data: Limit exposure of SSNs and PII
E-sign Compliance: Meet ESIGN and UETA standards
Notarization Records: Retain audio-video or journal entries

Common risks and potential consequences

Missing Signature: Agreement may be void or unenforceable
Name Mismatch: Recording or title rejection risk
Wrong Legal Description: Deed may not convey intended land
Late Recording: Priority and lien exposure risk
Undisclosed Charges: Post-closing disputes and claims
Invalid Notarization: Recording office may reject document

Step-by-step: completing a Conveyancing Agreement

Follow these sequential steps to prepare, sign, and record a conveyance consistently and without avoidable delays.

  • 01
    Draft: Prepare agreement with full party names and legal description.
  • 02
    Attach Exhibits: Include title commitment, closing statement, and any disclosures.
  • 03
    Review: Have counsel and title officer confirm obligations and costs.
  • 04
    Execute: Sign, notarize if required, and ensure proper witnessing.

How signing and delivery typically flow

Conveyancing agreements follow a predictable document flow from preparation through execution and recording to ensure title transfer is effective.

  • Prepare Document: Create final version and attach supporting exhibits.
  • Place Fields: Add signature, date, and initial fields where required.
  • Send to Signers: Route in signing order with authentication as needed.
  • Record & Store: Record deed, then distribute recorded copies to parties.

Recommended digital workflow settings for conveyancing

Standardize notification, authentication, and storage to reduce signer friction and preserve auditability.

Field Configuration
Notification Email with reminder cadence and signer order
Authentication Email link plus optional SMS code or ID check
Signing Order Role-based sequential signing (seller, buyer, escrow)
Storage Location Secure cloud storage with versioning and access logs

Notarization and witness steps for a typical closing

Follow these steps to complete execution and achieve recordable instruments without delay.

01

Finalize Document

Ensure full legal names, legal description, and exhibits are attached before signing.

02

Verify Identity

Notary or online identity proofing must match signer ID exactly.

03

Notary Acknowledgement

Have notary complete acknowledgment or jurat according to state rules.

04

Witness Signatures

Collect required witness signatures where state law or county practice mandates.

05

Record Preparation

Prepare recording form and include applicable transfer tax statements.

06

Submit for Recording

Deliver executed instrument and fees to county recorder promptly.

07

Title Update

Title company obtains recorded copy and updates title commitments.

08

Distribute Copies

Provide recorded deed to parties and retain master digital file.

Practical tips for accurate, efficient conveyancing agreements

Adopt these practices to lower risk, speed closings, and reduce post-closing disputes.

Use the recorded legal description
Always copy the legal description exactly from prior recorded instruments or the title commitment. Small wording differences can result in recording rejections or gaps in chain of title.
Confirm party authority and capacity
Verify corporate resolutions, trustee powers, or guardianship orders when an entity signs. Include signer capacity in the signature block to avoid future challenges to authority.
Align digital signatures with law
Ensure electronic signing follows ESIGN and UETA tests for intent, consent, attribution, and retention. For consumer-facing transactions include required ESIGN consumer disclosure where applicable.
Retain recorded originals and audit trails
Keep a certified copy of the recorded document and the e-signature audit trail; maintain access controls and offsite backups for disaster recovery.

eSignature vendor comparison for conveyancing workflows

Basic pricing and capability differences influence choice of eSignature vendor for high-volume conveyancing and secure notarization workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Common questions about Conveyancing Agreements

Answers to frequently asked questions about enforceability, digital execution, notarization, and common execution errors.


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