All About Conveyancing

Conveyancing is the legal process of transferring ownership of a property's title from one party to another. If you are new to property ownership, it is one of the moving parts that tends to stay invisible until settlement is close — and then it matters a great deal. This is a broad guide to what a conveyancer does and where they sit in the buying and selling process, so the legal side does not become the thing that holds up a transaction you have worked hard to line up.

When you buy or sell, the transfer of legal title from one owner to the next is the conveyance. Conveyancers are professionals who handle that process specifically, as do solicitors. A solicitor may also describe themselves as a conveyancer, so it is worth clarifying which you are dealing with before you proceed — the distinction affects what advice they can give you and how they charge.

When You Need a Conveyancer

Both the vendor (seller) and the purchaser (buyer) would usually engage a conveyancer or solicitor to navigate the transaction. The vendor's conveyancer or solicitor needs to be listed on the contract of sale, and a contract has to exist before an agent can list the property or invite buyers to an open for inspection. Several legal searches and checks are also required along the way; these typically cost a few hundred dollars on top of the standard fee, and they are not optional — they are how you find out what you are actually buying.

What a Conveyancer Does

Once you have settled on a property and agreed to purchase it, the paperwork begins in earnest. Contracts need to be prepared, reviewed and executed correctly so there are no unexpected surprises at settlement. There are certificates to request, zoning to confirm, and easements and caveats to check, alongside any outstanding charges attached to the property — council rates, land tax, strata fees, water rates — that have to be accounted for before ownership changes hands.

A conveyancer updates the land title at the Land Titles Office, and registers, changes or removes easements as required. They are the right fit for a straightforward purchase or sale. Keep in mind that the buyer generally carries more risk than the seller, so a buyer's conveyancer or solicitor will usually run more complex and comprehensive searches.

Whether you engage a conveyancer or a solicitor, the work typically includes:

Conveyancer or Solicitor?

A conveyancer handles the necessary paperwork and the mechanics of the transfer. A solicitor can practise across any area of law, which means they can give you legal advice if more complex issues arise — a disputed boundary, a problem on title, an unusual contract clause. That breadth is the reason to choose one over the other: match the professional to the complexity of the transaction.

Fees also differ. A solicitor is more likely to bill on an hourly rate than a fixed fee, though the basis is usually set out when you first engage them. Either way, ask up front for an indication of cost and timeframe based on what is typically involved, so there are no surprises on the invoice any more than on the title.

Choosing the right professional sits naturally alongside the finance side of a purchase — both feed into the same settlement date, and both reward getting the order of operations right. Your broker can guide you through selecting a conveyancer and is happy to make recommendations.

Book a strategy session and we will help you line the legal and finance pieces up so settlement runs cleanly.

General information only — not personal financial product or credit advice, and not legal advice. AeFin is an Australian Credit Representative (CR 464548) of Finsure (ACL 384704).