When should I engage a conveyancer?

Before you sign or exchange a contract. Cooling-off periods are short, from none in WA and Tasmania to 5 business days in NSW, Queensland and the ACT, so the contract review needs to happen first.

Can I do my own conveyancing?

The rules differ by state, and a DIY transfer carries real risk. In Tasmania, CBOS notes that a person doing their own conveyancing cannot get the insurance available to a licensed conveyancer or solicitor.

Does the buyer and the seller each need a conveyancer?

Yes, in practice. Each side has its own conveyancer or solicitor, because their interests in the contract and the settlement figures are opposed.

Does a conveyancer pay the stamp duty for me?

The conveyancer usually arranges payment of transfer duty to the state revenue office through the settlement workspace, but the duty is the buyer's tax, not a conveyancing fee.

What Does a Conveyancer Do? (and Conveyancer vs Solicitor)

A conveyancer reviews the contract of sale, runs title and property searches, calculates settlement adjustments and settles the legal transfer of a property from seller to buyer. Engage one before you sign or exchange a contract: the buyer's cooling-off period is 5 business days at most, and in Western Australia and Tasmania there is no statutory cooling-off period at all.

Conveyancing means the legal process of transferring ownership of land. It ends when the land registry records the buyer as the new registered owner. You can compare ranked firms on Conveyancers & Conveyancing Lawyers in Australia.

A conveyancer can be a licensed conveyancer or a solicitor. The steps below are the same either way; the difference is how far the practitioner can go when a legal problem appears.

What does a conveyancer do for a buyer?

A conveyancer for a buyer takes the purchase from the contract to registration in 7 steps.

Review the contract. The conveyancer checks the contract and the seller's disclosure, such as a Section 32 statement in Victoria, a Form 1 in South Australia or a seller disclosure statement in Queensland, and explains the special conditions.
Advise on cooling-off. The conveyancer confirms how long the cooling-off period is and what it costs to withdraw.
Run searches. The conveyancer orders title, council, water, land tax and strata searches and checks for caveats, easements and covenants.
Manage finance and conditions. The conveyancer tracks finance approval, building and pest reports and any other conditions by their deadlines.
Calculate adjustments. The conveyancer works out council rates, water and strata levies for the date of settlement.
Prepare for settlement. The conveyancer prepares the transfer, confirms the lender's requirements and arranges payment of transfer duty to the state revenue office.
Settle and register. The conveyancer completes settlement, usually online through PEXA or Sympli, and the transfer is lodged with the land registry.

What does a conveyancer do for a seller?

A conveyancer for a seller prepares the property for sale and releases it at settlement in 6 steps.

Prepare the contract or disclosure. The conveyancer prepares the contract of sale or the vendor statement required in the state before the property is marketed or sold.
Answer the buyer's enquiries. The conveyancer responds to requisitions and questions from the buyer's side.
Arrange the mortgage discharge. The conveyancer asks the seller's lender to prepare the discharge of the existing mortgage.
Check the adjustments. The conveyancer confirms the buyer's settlement figures for rates, water and levies.
Settle. The conveyancer completes settlement and confirms the sale funds are paid to the lender and the seller.
Close the file. The conveyancer notifies council and water authorities of the change of ownership where required.

How long does conveyancing take?

Conveyancing usually takes the length of the settlement period written into the contract, which the parties agree when they sign. Pre-contract work, such as reviewing the contract and ordering searches, can take a few days. Settlement itself is completed on one day, and online settlements through an electronic lodgment network operator (ELNO) such as PEXA or Sympli release the funds and lodge the transfer at the same time.

Is a conveyancer a solicitor?

No. A licensed conveyancer is not a solicitor, although many solicitors do conveyancing. A licensed conveyancer holds a state licence limited to property transfers. A solicitor holds a practising certificate and can advise on any legal issue, run disputes and appear in court.

	Licensed conveyancer	Conveyancing solicitor
Qualification	State conveyancing licence or registration	Law degree, admission as a lawyer and a practising certificate
Standard purchase or sale	Yes	Yes
Legal advice outside the transfer	No	Yes
Disputes, caveat litigation, court	No	Yes
Deceased estates, trusts, company sales	Limited to the transfer	Yes, including the legal issues
Available in Queensland	No (no licensing scheme)	Yes
Fee level	Often lower for simple transfers	Often higher, broader scope

Who can do conveyancing in each state?

A solicitor can do conveyancing everywhere in Australia. A non-lawyer can do it for a fee only where the state licenses them.

State or territory	Non-lawyer conveyancer allowed?	Law or regulator
NSW	Yes, licensed conveyancer	Conveyancers Licensing Act 2003 (NSW)
Victoria	Yes, licensed conveyancer	Conveyancers Act 2006 (Vic)
Queensland	No; conveyancing for a fee is done by or under a solicitor	No separate licence
Western Australia	Yes, licensed settlement agent	Settlement Agents Act 1981 (WA)
South Australia	Yes, registered conveyancer	Conveyancers Act 1994 (SA)
Tasmania	Yes, licensed conveyancer	Consumer, Building and Occupational Services
ACT	Yes, licensed conveyancer	Access Canberra
Northern Territory	Yes, licensed conveyancing agent	Agents Licensing Act 1979 (NT)

When do you need a solicitor rather than a conveyancer?

You need a solicitor when the transaction raises a legal issue beyond the transfer itself. Common cases are:

the buyer or seller is a company, trust or self-managed super fund;
the property is part of a deceased estate or a separation;
the contract has unusual special conditions, or the property is off-the-plan;
a caveat, boundary dispute or easement issue appears on the title;
the other side fails to settle and a notice to complete or a dispute follows.

A caveat is a common example. The What Is a Caveat on Property? Lodging & Removing One guide explains when a caveat is lodged and how it is removed.

What does a conveyancer not do?

A conveyancer does not value the property, inspect the building or arrange the loan. Building and pest inspections come from licensed inspectors, valuations from valuers, and finance from a lender or broker. A conveyancer also does not set transfer duty: the state revenue office assesses it. The Conveyancing Costs in Australia guide separates the conveyancer's fee from these other costs.

Finding a conveyancer

Compare ranked conveyancers and conveyancing lawyers, their fee models and their review ratings on Conveyancers & Conveyancing Lawyers in Australia. City rankings are available for Conveyancers in Sydney, Conveyancers in Melbourne, Conveyancers in Brisbane and Conveyancers in Adelaide. Before engaging one, confirm the licence or practising certificate and ask for a written quote that lists disbursements separately.