FAQs
What is conveyancing?
Conveyancing is the legal process of transferring property ownership from a seller to a buyer. In Australia, this involves preparing, verifying, and lodging legal documents and ensuring both parties meet their legal obligations.
Do I need a conveyancer or solicitor in Australia?
Yes, it’s strongly recommended. A licensed conveyancer or property solicitor ensures the transaction is legally valid and protects your interests. They help with contracts, property searches, and settlement.
What’s the difference between a conveyancer and a solicitor?
Conveyancer: Specialises in property transactions only.
Solicitor: A fully qualified lawyer who can handle conveyancing and more complex legal matters (e.g., disputes, deceased estates, or family law issues).
For most residential sales and purchases, a conveyancer is sufficient.
What are the main steps in conveyancing in Australia?
Contract of Sale review and preparation
Exchange of Contracts
Verification of Identity
Property searches and Due Diligence
Preparation of Legal Documents
Stamp Duty Assessment and Compliance
Document Execution
Final Settlement Calculations
Settlement Completion
What documents do I need for settlement?
Typically, you'll need formal identification documents, proof of address, and ownership, and any relevant contracts. I'll provide a checklist tailored to your situation.
What is a cooling-off period?
A cooling-off period gives the buyer time to change their mind after signing the Contract. In Victoria, it is 3 business days from the day you sign the Contract. There are some situations where the cooling-off period does not apply, and a small fee is still payable when you choose to cool-off.
What do conveyancing costs include in Australia?
Typical costs range from $1000 to $2,500, and include:
Professional fees
Title and property searches
PEXA settlement fees
What are property searches, and why are they important?
Property searches check for:
Easements or encumbrances
Zoning and planning restrictions
Outstanding council, water, or land tax rates
Building Notices
Future government plans for the property
Heritage listings or environmental risks
They ensure you're buying what you expect.
Can I do my own conveyancing in Australia?
It’s legally allowed, but not advisable unless you’re experienced. Mistakes can cause legal and financial trouble.
What can delay settlement in Australia?
Finance approval
Errors in the contract or documentation
Issues with building and pest inspections
Unresolved property title or encumbrances
Delays in the property chain (if buying and selling simultaneously)
Is conveyancing done online in Australia?
Yes. Australia uses an electronic system called PEXA (Property Exchange Australia) for many settlements.