How to check the conveyancer will confirm body corporate arrears
How to verify your conveyancer will check body corporate arrears before sectional title transfer. Registers, proof and verification steps you can control.
You're in an attorney's office or exchanging WhatsApp messages, and the property looks right — the price, the location, the layout. Then someone mentions body corporate arrears, and you pause. You don't know if there are any, and you're not sure your conveyancer will actually dig for them. This matters far more than it seems. Arrears don't disappear when you buy; they follow the property, and you could inherit a five-figure debt that should have been settled before transfer.
Your conveyancer's job includes confirming the seller has paid all body corporate levies up to transfer date. But "their job includes it" doesn't mean every conveyancer does it carefully. Some chase the obvious documents and miss red flags. Others assume the title deed search will reveal everything. It won't. You need to know exactly what your conveyancer will do, when, and how they'll prove it to you.
Search the body corporate register first
Before you even instruct a conveyancer, get the scheme name and unit number, then contact the body corporate directly — or better, ask the seller's agent for the managing agent's contact. Request a levy statement and arrears certificate dated within the last 30 days. This document lists current levies, special levies, and explicitly states whether arrears exist. If the managing agent won't release it to you or the seller, that's a warning sign.
Once you've instructed your conveyancer, confirm in writing that they will obtain and scrutinise this certificate independently. Ask them to request it directly from the managing agent, not just accept it from the seller. A proper conveyancer will flag if the certificate shows even minor arrears and won't proceed to transfer until they're settled or credited against the purchase price. If your conveyancer says they "don't usually get those," find someone else.
Request proof of payment
An arrears certificate stating "no arrears" is a good sign, but it's not enough on its own. Arrears that existed three months ago may have been paid last week, so the timing of the certificate matters. Your conveyancer should request — and you should see — proof that all levies due up to and including the transfer month have been paid. This typically means a bank statement showing the seller's payments to the body corporate, or a receipt from the managing agent.
If the managing agent won't provide a payment receipt or statement, ask your conveyancer to get a written undertaking from the seller's conveyancer that arrears will be cleared from the sale proceeds before transfer is registered. This puts the onus on them, and it's traceable. Don't accept vague reassurances. You want documentation you can refer back to if something goes wrong after you own the unit.
Check the transfer papers against the levy statement
When your conveyancer drafts the transfer deed, they should explicitly reference the arrears certificate and confirm that the seller has paid all levies to the transfer date. This language should appear in the deed itself, and you should see it before you sign. If it's missing, ask why. Your conveyancer must also confirm the amount owing to the body corporate (the levy liability you're taking on from transfer date forward) so you're not surprised by a demand weeks after you move in.
Verify references with past clients
If your conveyancer seems reluctant to do these checks or downplays their importance, ask for contact details of three clients who have transferred sectional title units in the past two years. Call them and ask: did the conveyancer obtain an arrears certificate in writing, did they show it to you before transfer, and were there any arrears surprises after you took ownership? Real answers from real people will tell you far more than any promise.
When you're ready to find a conveyancer, Strove's verified directory lets you read reviews from people who've actually used them on sectional title transfers — and you can ask them directly whether they've checked for body corporate arrears before transfer.
Common questions
- Can I transfer a sectional title unit if there are arrears?
- You can attempt to transfer, but most bond lenders and conveyancers will insist arrears are paid or credited against the purchase price before the transfer registers. Inheriting arrears after transfer is your risk if you don't resolve them upfront. Always confirm the arrears certificate before committing to the deal.
- Who is responsible for body corporate arrears—the seller or buyer?
- The seller owns the liability up to transfer date, so they must settle arrears incurred before that point. From transfer date forward, the arrears become yours. Your conveyancer should ensure the seller clears everything due up to and including transfer month before the deed registers.
- What if the managing agent won't give me an arrears certificate?
- Contact the body corporate directly or ask your conveyancer to insist. A reputable managing agent will issue a current certificate on request. If they refuse, that's a red flag—escalate to the body corporate's trustees or consider walking away from the deal unless the seller provides a written guarantee of clearance.
- Is a levy statement the same as an arrears certificate?
- No. A levy statement shows what is owed going forward; an arrears certificate explicitly confirms whether past levies remain unpaid. You need both documents to get the full picture of what you're inheriting.
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