Buying or selling a property is an exciting milestone, but the legal work behind it can feel daunting. That’s where conveyancing comes in—the legal process of transferring property ownership from one party to another. Because the process involves strict timelines, detailed paperwork and multiple stakeholders, a professional conveyancer helps keep everything on track and protects your interests at every step.
What Does a Conveyancer Do?
A licensed conveyancer manages the legal and administrative aspects of your property transaction from contract to settlement. Their role typically includes:
- Reviewing and negotiating the contract of sale and any special conditions to ensure they’re in your best interests.
- Checking the title and identifying encumbrances or restrictions (such as easements, covenants or caveats) that could affect how you use the property.
- Coordinating with your lender and the other side’s representative to align finance, documents and timelines.
- Explaining key milestones and rights (for example, cooling-off periods, finance and building/pest conditions, and deposit requirements).
- Preparing and lodging legal documents, including transfer paperwork with the relevant land registry.
- Keeping you informed, answering questions and providing clear, practical guidance.
For a general overview of what conveyancing involves and how to engage a professional, see Consumer Affairs Victoria’s guide to conveyancing (useful even if you’re outside Victoria, as processes are similar across Australia).
Managing Property Searches & Enquiries
Thorough due diligence is essential to avoid costly surprises. Your conveyancer conducts targeted searches and enquiries to uncover issues that may affect price, timing or your future use of the property. Depending on the property and its location, these may include:
- Title and plan searches to confirm ownership, boundaries and any encumbrances.
- Council, water and land tax certificates to check for unpaid rates or charges.
- Zoning and planning enquiries to identify overlays, restrictions or proposed developments.
- Building approvals and compliance checks, and (for apartments/townhouses) strata/body corporate records.
- Risk checks, such as flood or bushfire overlays and heritage listings.
Identifying issues early allows you to negotiate contract changes, seek price adjustments, add protective conditions or, where your rights allow, walk away before becoming committed. For more tips on the checks involved when buying a home, see ASIC MoneySmart’s buying a home guide.
Handling Settlement & Financial Transactions
Settlement is the final step, when ownership legally transfers and keys are released. Most settlements now occur electronically via secure e‑conveyancing platforms. Learn more about how electronic settlements work at PEXA’s overview of e‑conveyancing.
Your conveyancer will:
- Prepare a settlement statement and calculate pro‑rata adjustments for rates, water, strata levies, rent and other outgoings so each party pays their fair share.
- Confirm discharge of any existing mortgages and obtain final payout figures.
- Coordinate the transfer of cleared funds and the registration of the transfer and any new mortgage with the land registry.
- Ensure the title is transferred into your name and provide post‑settlement confirmation and documents.
They will also advise you on practical steps such as arranging your pre‑settlement inspection and setting up utilities to ensure a smooth handover.
Why You Should Hire a Professional Conveyancer
While it’s possible to attempt conveyancing yourself, the legalities and strict timelines mean a DIY approach can be risky. A qualified conveyancer offers:
- Risk management and legal compliance, reducing the chance of costly errors or disputes.
- Strong contract review and negotiation to protect your interests.
- Deadline management to keep your transaction on schedule.
- Professional indemnity insurance for added peace of mind.
- Time and stress savings, with clear communication from start to finish.
Property law and requirements vary by state and territory, so engaging a local professional with relevant experience is the safest way to ensure your transaction proceeds smoothly and with confidence.
