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What are the different types of searches and checks that are carried out during the conveyancing process?

During the conveyancing process in New South Wales, Australia, a conveyancer will carry out various searches and checks to ensure that there are no issues with the property and to protect the interests of the buyer and the seller.

The most common types of searches and checks include:

Title search: A search of the government's land registry to ensure that the seller is the legal owner of the property and that there are no outstanding mortgages or other encumbrances on the property.

Zoning and planning search: A search of the local council's records to ensure that the property is zoned for the intended use and that there are no planning restrictions or breaches.

Building and pest inspection: An inspection of the property to check for any structural issues or pests. This is optional but recommended for the buyer.

Strata report: A report on the management and financial status of a strata scheme, only applies for properties with strata title.

Local Government search: A search of the local council records to ensure that the property complies with all necessary building regulations and that there are no outstanding notices or orders.

Water search: A search of the water authority records to ensure that the property is connected to a water supply and that there are no outstanding water bills.

Environmental Search: This is a search of the local environment agency's records to confirm whether the property is in an area that is prone to flooding, bushfire, or other natural hazards.

A bankruptcy search is a type of search that is carried out during the conveyancing process to determine whether the seller of a property, or any other parties involved in the transaction, are bankrupt or have any outstanding bankruptcy proceedings.

This search is carried out by searching the Australian Financial Security Authority (AFSA) database, which contains information about individuals and companies who have been declared bankrupt or have had a bankruptcy petition filed against them.

The purpose of a bankruptcy search is to ensure that the seller of the property has the legal right to sell the property and to prevent any potential issues arising after the sale.

During the conveyancing process, the conveyancer will carry out a bankruptcy search on the seller and other parties involved in the transaction, such as the mortgagee (if there is one) and any guarantors.

If the search reveals that the seller or any other party involved in the transaction is bankrupt or has an outstanding bankruptcy petition, the conveyancer will advise the buyer and may need to take additional steps to ensure that the sale can proceed.

It's important to note that a bankruptcy search is just one of the many checks that are carried out during the conveyancing process and is not always necessary.

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