The Conveyancer's Function in Property Transactions
When you purchase a property, a conveyancer's effort begins by reviewing the contract of sale and all the related legal documents. They check the fine print, highlight any unusual clauses, and explain your rights and obligations before you sign anything. They also do their due diligence by conducting searches on the title, zoning, council restrictions, easements, or anything that might impact your ability to use the property as intended. If you're buying at auction, having a conveyancer look over the contract in advance is even more important, as there's no cooling-off period once the hammer falls.
Once you sign the contract and the sale is underway, your conveyancer handles the whole settlement process for you. They deal with the seller's solicitor, negotiate with your bank, sort out stamp duty forms, and ensure that the title to the property is transferred into your hands correctly. In short, they make sure that you own the property legally with no strings or problems attached to it.
If you're selling your home, the conveyancer's role is just as vital. They prepare the contract of sale and the Section 32 Vendor Statement, which discloses key information about the property to prospective buyers - including title details, any encumbrances, planning overlays, and council rates. Your conveyancer will handle inquiries from the buyer's solicitor, track deposit payments and deadlines, facilitate coordination of discharge of any mortgage, and ensure settlement is completed correctly, with payments made to the right parties. Their attention to detail protects you from liability months after the sale is complete.
Do You Legally Need a Conveyancer?
Strictly speaking, you're not legally required to use a conveyancer when buying or selling a property in Australia. However, managing the legal, financial, and regulatory obligations of a property transaction yourself would be risky - and, in most cases, completely impractical.
Property law in Australia is complex and varies from state to state. Missing a detail in a contract, not revealing a key piece of information, or misunderstanding settlement obligation timing can be catastrophic. For sellers, a missing or erroneous Section 32 statement can allow a buyer to cancel the sale - even at the time of settlement. For you as the buyer, not fulfilling a term of the contract or missing a deadline can result in you losing your deposit or being taken to court.
You don't have to use a conveyancer, but it's well worth doing. They ensure that your transaction is properly legal, keep an eye on your interests, and give you peace of mind in what can be a very stressful and emotional experience.
Conveyancer or Solicitor - What's the Difference?
One of the most frequently asked questions I receive from clients is whether to hire a conveyancer or a solicitor. Both are legally trained to conduct property transfers, but there are some subtle differences that can assist you in choosing between them.
A conveyancer is a professional dealing exclusively with property transactions. They're experts at the paperwork, timelines, and legal necessities in buying and selling residential property. They charge less than a solicitor and are a great option for simple dealings. On the other hand, a solicitor is an experienced lawyer who may handle more complex legal cases, including disputes, deceased estates, commercial transactions, or family law. If your property case has any legal intricacies or special circumstances, a solicitor may be better suited.
In straightforward residential sales, however, most people find that a decent conveyancer is more than capable - and preferable by virtue of their focus, affordability, and streamlined approach.
What Does It Cost to Hire a Conveyancer?
Conveyancing costs are also dependent on the type of property and detail of the transaction. For example, in Melbourne, conveyancing for a typical residential sale will range from $600 to $1,200, while buying a residence could cost slightly more - $800 to $1,500 - as a result of extra searches and government lodgings.
These are usually a charge for professional service and a disbursement such as title searches, property certificates, and lodging fees on documents. A higher charge will apply for a trust, company title, or subdivision transaction.
However, when compared to the cost of the transaction itself, conveyancing is a relatively modest price for the protection and peace of mind it provides.
When Should You Hire a Conveyancer?
Ideally, you would engage a conveyancer as soon as possible. In selling a house, it's recommended that you visit a conveyancer prior to going on the market. They'll prepare the formal documents and have your contract and Section 32 statement ready for buyers when they appear. Holding off this step until later might slow your campaign or introduce unwanted anxiety when offers do start to roll in.
If you're a purchaser, you should speak to a conveyancer before you sign the contract - especially if you're purchasing privately or at auction. A quick glance over the contract beforehand will spot clauses that need changing and make you aware of your day-one legal obligations.
Involving your conveyancer early is a good idea so that they can walk you through each step, instead of coming in halfway and having to sort out issues. It's proactive, intelligent, and it keeps you in charge throughout.
Why I Always Recommend a Trusted Conveyancer
Years of watching, though, have convinced me of how much easier the whole buying or selling process is when my customers use the services of a proven, trustworthy conveyancer. Communication is faster, problems are identified early, and there's much less chance of things going awry at settlement time. When all parties are aligned, the process is smoother - and much less stressful.
As your representative, I'd be more than happy to coordinate hand in hand with your chosen conveyancer so we're all on one accord. And if you'd prefer a referral, I can put you in touch with trusted professionals whom I've worked with many times before - people I know will act in your best interests.
Final Thoughts
While it might not be the most glamorous part of the real estate journey, conveyancing is one of the most important. A good conveyancer doesn't just push forms through - they protect your interests, prevent costly mistakes, and get your sale or purchase completed properly.
Whether you're buying your first home, selling an investment property, or upgrading to your dream house, a skilled conveyancer ensures the legal side of your move goes off without a hitch. It's a small cost for significant peace of mind.
If you're thinking of making an offer and would like some advice on where to begin - along with help with conveyancing, styling, marketing, or pricing - I'd be only too happy to chat. Assisting clients through this process is my daily business, and I'd be happy to help you too.