Understanding conveyancing
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Why you need a conveyancer

Why do you need a conveyancer when buying or selling a property?

A conveyancer handles the legal transfer of a property: reviewing the contract before you are bound, running the searches a listing never shows, managing the key dates, and completing settlement. Only lawyers, licensed conveyancers and financial institutions can access PEXA, which most transactions require, so DIY is generally not possible.

Buying or selling a home is likely the biggest transaction you will ever sign, and the contract behind it becomes legally binding when signed by all parties. A conveyancer or solicitor is the qualified professional who checks that contract, handles the legal and financial steps, and makes sure the property transfers cleanly into, or out of, your name. Only legal practitioners, licensed conveyancers and financial institutions can access PEXA, so with it mandated for most transactions you are precluded from being able to do your own conveyancing.

What a conveyancer actually does

Their job runs from the contract to the keys:

  • Reviews the contract before you are locked in, and explains the conditions, the dates, and anything unusual.
  • Runs the property searches that reveal what a listing never shows, like unpaid rates, easements, zoning, or planned works nearby.
  • Manages the key dates and conditions, such as finance and building-and-pest deadlines, so you do not miss one and put your deposit at risk.
  • Handles the money side at settlement, including the adjustments for rates and water between you and the other party.
  • Completes settlement and the transfer of title, usually electronically through an electronic lodgment network such as PEXA or Sympli.

What can go wrong without one

The contract is where most of the risk sits. Sign without understanding a condition and you can be bound to a purchase you cannot finance, or unable to walk away when an inspection turns up a problem. Skip the searches and you can inherit debts or restrictions attached to the property. Miss a deadline and you can forfeit your deposit or face a claim. None of this is common when the paperwork is handled properly, which is exactly the point of having someone whose job is to catch it.

The timing matters as much as the decision. Why engage a conveyancer before you sign covers the window before the contract is binding, which is where most of the protection sits.

Do you legally have to use one?

In practice, no one can settle a standard transaction without access to an electronic lodgment network, and only legal practitioners, licensed conveyancers and financial institutions can access one. So while no law requires you to engage a conveyancer, you will generally need one to complete the transaction.

Conveyancer or solicitor?

In New South Wales and Victoria, a licensed conveyancer or a solicitor can act on a standard residential sale or purchase. In Queensland, conveyancing is legal work and must be done by a solicitor or law practice. A solicitor is worth considering where a matter has legal complications beyond the property itself, such as a deceased estate, a dispute, a trust or company structure, or a contract that has already gone wrong.

What it costs

A conveyancer charges a professional fee, plus government charges and search costs. Some firms bill by the hour, so the total can drift. A fixed-fee service sets the professional fee up front, so you know the figure before you begin.

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General information only, not legal advice. Requirements differ by state and depend on the property and the transaction.

Common questions

Can I do my own conveyancing?

Generally no, due to PEXA's access restrictions.

Is a conveyancer the same as a solicitor?

Not quite. In New South Wales and Victoria, either can act on a standard residential purchase or sale. In Queensland, only a solicitor or law practice can do conveyancing. A solicitor is the better choice where the matter carries legal complications beyond the property itself.

When should I engage one?

Before you sign anything. Once the contract is binding, a review cannot change a term you have already agreed to, and any cooling-off period is short, can cost you money to use, and does not apply at auction.