What is the difference between a conveyancer and a solicitor?

A licensed conveyancer specialises exclusively in property transfers and is typically cheaper. A property solicitor is a fully qualified lawyer who can also handle conveyancing but may charge more. For standard residential purchases, a conveyancer is usually sufficient. For complex matters (commercial property, subdivisions, disputes), a solicitor is recommended.

When should I engage a conveyancer?

Ideally, engage a conveyancer before you sign anything. They can review the contract of sale and advise on conditions before you commit. At minimum, engage one immediately after signing so they can manage the cooling-off period and begin searches.

Can the buyer and seller use the same conveyancer?

No. The buyer and seller have opposing interests in a property transaction. Each party must engage their own independent conveyancer or solicitor to avoid conflicts of interest.

What happens if my conveyancer makes a mistake?

Licensed conveyancers are required to hold professional indemnity insurance. If an error causes you financial loss, you can make a claim against their insurance. This is one of the key advantages of using a licensed professional over handling conveyancing yourself.

What is Conveyancing? | Realestate Lens

Definition

Conveyancing

Conveyancing is the legal process of transferring property ownership from one party to another. In Australia, it covers everything from reviewing the contract of sale and conducting searches to arranging settlement and registering the title transfer with the state land registry.

Whether you are buying or selling property in Australia, conveyancing is a mandatory part of the transaction. A licensed conveyancer or property solicitor manages the legal paperwork, ensures all conditions are met, and protects your interests throughout the process. Most property transactions take between 30 and 90 days from contract exchange to settlement.

The Conveyancing Process

1
Pre-contract advice
Your conveyancer reviews the draft contract of sale, vendor disclosure documents, and any special conditions before you sign anything.
2
Contract review and negotiation
The conveyancer identifies risks, unfavourable clauses, and missing information. They negotiate amendments such as extending the cooling-off period or adding subject-to-finance conditions.
3
Exchange of contracts
Both buyer and seller sign identical copies of the contract. The buyer typically pays a deposit (usually 10%) to the vendor’s agent or solicitor’s trust account.
4
Cooling-off period
In most states (except WA and auction purchases), the buyer has a short cooling-off period (2-5 business days) during which they can withdraw, usually forfeiting 0.25% of the purchase price.
5
Property and title searches
The conveyancer conducts council, water, strata, and title searches to verify the property’s legal status, zoning, outstanding rates, and any registered encumbrances.
6
Finance approval
If the contract is subject to finance, the buyer’s lender completes their valuation and issues formal (unconditional) loan approval.
7
Building and pest inspections
The buyer arranges building and pest inspections. If significant defects are found, the conveyancer may negotiate price reductions or repairs.
8
Pre-settlement inspection
The buyer inspects the property shortly before settlement to confirm it is in the same condition as at exchange and any agreed repairs have been completed.
9
Settlement
The conveyancer coordinates with the seller’s solicitor, the buyer’s lender, and the state land registry. Funds are transferred, the mortgage is registered, and legal ownership passes to the buyer.
10
Post-settlement
The conveyancer confirms title registration, notifies council and water authorities of the ownership change, and provides the buyer with final documentation.

Conveyancing Costs

Conveyancing fees in Australia typically range from $800 to $2,500 for a standard residential transaction. The exact cost depends on your state, the complexity of the property, and whether you use a licensed conveyancer or a property solicitor.

Licensed conveyancer: $800 - $1,500 (standard residential)
Property solicitor: $1,200 - $2,500 (may be required for complex matters)
Disbursements: $200 - $800 additional for title searches, council certificates, registration fees, and other third-party costs

Most conveyancers offer a fixed-fee quote for standard transactions. Always ask for a full breakdown of fees and disbursements upfront so there are no surprises at settlement.

Do I Need a Conveyancer?

In every Australian state and territory, you are legally allowed to handle your own conveyancing. However, professional conveyancing is strongly recommended — and in some states (like Queensland for contracts involving a real property act title), a solicitor is effectively required.

The risks of DIY conveyancing include missing critical search results, overlooking unfavourable contract clauses, miscalculating adjustments (rates, water, strata levies), and failing to meet statutory deadlines. A single missed issue can cost far more than professional fees.

DIY vs Professional Conveyancing

Criteria	DIY Conveyancing	Professional Conveyancer
Cost	$200 - $500 (searches only)	$800 - $2,500 + disbursements
Contract review	You review the contract yourself	Expert identifies risks and negotiates terms
Title searches	You order and interpret searches	Handled and interpreted for you
Settlement coordination	You manage all parties	Conveyancer coordinates lender, seller, and registry
Risk level	High — easy to miss critical issues	Low — professional indemnity insurance
Time required	Significant — steep learning curve	Minimal — handled on your behalf
Best for	Experienced investors, simple transactions	First home buyers, complex purchases

Frequently Asked Questions

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