State-specific rules apply
Conveyancing laws and processes vary by state. The names of vendor disclosure documents, cooling-off periods, and contract requirements differ. Always engage a licensed conveyancer or solicitor in your state for your specific transaction.
What conveyancing is
Conveyancing is the legal process of transferring ownership of real property from one person to another. It encompasses everything from reviewing the contract of sale and conducting property searches, through to organising settlement and registering the new title.
In Australia, both buyers and sellers engage their own conveyancers (or solicitors) to handle their respective sides of a transaction. The buyer’s conveyancer protects the buyer’s interests; the vendor’s conveyancer prepares the contract and disclosure documents.
Conveyancing is now largely conducted electronically in Australia via the PEXA (Property Exchange Australia) platform, which allows funds to be transferred and title documents lodged digitally at settlement.
Conveyancer vs solicitor
Both licensed conveyancers and solicitors (lawyers) can handle property conveyancing in Australia. The key differences:
| Licensed conveyancer | Solicitor | |
|---|---|---|
| Qualification | Specialised conveyancing licence | Law degree + admission to practice |
| Scope | Property transactions only | Full legal advice on any matter |
| Cost | Generally lower ($800 to $1,800) | Generally higher ($1,500 to $3,000+) |
| Best for | Standard residential purchases | Complex transactions, legal disputes, trust structures |
For the vast majority of straightforward residential purchases, a licensed conveyancer is sufficient and more cost-effective. For complex transactions (e.g. buying via a trust or company, off-the-plan disputes, unusual contract conditions), a solicitor is recommended.
The conveyancing process step by step
For buyers
- Engage your conveyancer early. Ideally before you make an offer, so they can review the contract before you sign.
- Contract review. Your conveyancer reviews the contract of sale and vendor’s statement (Section 32 in VIC), identifying any unusual conditions, risks, or items requiring negotiation.
- Pre-exchange advice. Your conveyancer explains your rights and obligations, including the cooling-off period (if applicable), deposit amount, and any conditions in the contract.
- Exchange of contracts. Both parties sign identical contracts and the deposit is paid. The deal is now binding (with any conditions outstanding).
- Property searches. Your conveyancer conducts searches: title, council rates and zoning, land tax, water rates, and any planned road or infrastructure works that may affect the property.
- Liaising with your lender. Your conveyancer coordinates with your bank or mortgage broker to ensure loan documents are ready for settlement.
- Pre-settlement inspection. Done by you (not your conveyancer), usually 24 to 48 hours before settlement, to confirm the property is in the agreed condition.
- Settlement. Your conveyancer coordinates the electronic settlement via PEXA. Funds are transferred, the title is registered in your name, and you get the keys.
For sellers
The seller’s conveyancer prepares the contract of sale and Section 32 (VIC) / vendor disclosure documents, reviews the buyer’s requests for special conditions, and handles settlement to ensure funds arrive correctly. They also discharge the existing mortgage.
Typical conveyancing costs by state
Conveyancing fees vary by state and provider. Professional fees (excluding disbursements) typically range from:
| State | Buyer conveyancer fee | Seller conveyancer fee |
|---|---|---|
| NSW | $800 to $1,800 | $700 to $1,500 |
| VIC | $900 to $2,000 | $800 to $1,800 |
| QLD | $800 to $1,600 | $700 to $1,400 |
| WA | $900 to $2,000 | $800 to $1,600 |
| SA | $700 to $1,500 | $600 to $1,200 |
In addition to professional fees, expect disbursements (out-of-pocket costs) of $300 to $900, including:
- Title search fees: $20 to $50
- Council searches: $50 to $150
- PEXA electronic settlement fee: $100 to $200
- Land tax certificates: $20 to $100
- Registration of transfer: varies by state ($200 to $500+)
For high-value properties or complex transactions, solicitors may charge hourly rates ($300 to $500/hour), which can push total costs above $3,000.
$1k–$3k
Total conveyancing fees plus disbursements for a typical Australian residential purchase. Larger or more complex transactions cost more.
Indicative, professional fees + searches + settlement
DIY conveyancing (not recommended)
In theory, it is possible to conduct your own conveyancing in most Australian states. In practice, this is strongly not recommended for most buyers and sellers.
Reasons to avoid DIY conveyancing:
- Complexity. Property law and the conveyancing process contain many technical requirements. Missing a step or deadline can have serious consequences, including forfeiting your deposit or being liable for damages.
- No professional indemnity. If a licensed conveyancer makes an error, their professional indemnity insurance covers you. If you make an error, you bear the cost entirely.
- PEXA access. Electronic settlement requires access to the PEXA platform, which is restricted to licensed practitioners.
- Cost saving is minimal. Conveyancing fees are modest relative to the property value. The risk-reward calculus strongly favours engaging a professional.
Red flags in contracts
A good conveyancer will flag these issues, but it helps to know what to watch for:
- Unusually long settlement periods (e.g. 90+ days without explanation). May indicate the vendor has a complicating issue to resolve.
- Missing inclusions. Fixtures listed verbally by the agent but not included in the contract (e.g. dishwasher, ducted air conditioning, garden shed).
- Title encumbrances. Mortgages not yet discharged, unregistered easements, or heritage overlays that will restrict future development.
- GST clauses. If buying new property from a developer, confirm whether the price is inclusive or exclusive of GST.
- Unusual “as-is” clauses.Some contracts try to limit the vendor’s disclosure obligations. Your conveyancer should flag these.
- Sunset clauses (off-the-plan).A clause allowing the developer to cancel the contract if completion doesn’t occur by a certain date. Controversial and sometimes misused.
When to use a solicitor instead
While a licensed conveyancer handles most standard purchases perfectly well, there are situations where the broader legal expertise of a solicitor is advisable:
- Buying or selling via a trust, company, or self-managed super fund (SMSF)
- Complex joint ownership structures
- Off-the-plan purchases with non-standard contract terms
- Development sites or properties with planning disputes
- Contract disputes or vendor non-disclosure claims
- Commercial property transactions
- Deceased estates where title issues are unresolved
How to choose a conveyancer
Questions to ask before engaging a conveyancer:
- Are you licensed in this state?
- Do you have experience with this type of property (e.g. off-the-plan, strata)?
- What is your total fee, and what disbursements are included?
- Will you be handling my file personally, or will it be delegated?
- What are your communication standards, will you respond to emails within 24 hours?
- Do you use PEXA for electronic settlement?
Avoid choosing a conveyancer solely on price. The cheapest option may cut corners on searches or contract review. A few hundred dollars of saving is not worth the risk on a $700,000 transaction.
Ask your real estate agent, mortgage broker, or friends who have recently purchased in the area for recommendations.
Speaking of settlement-day costs — your conveyancer will arrange payment of stamp duty alongside the loan settlement. Estimate it now:
Quick estimate
Stamp duty calculator
Estimated stamp duty
$26,717
382.00% effective rate on $700,000
This is a simplified estimate using current state brackets. For an exact figure factoring in foreign-buyer surcharges, off-the-plan concessions, or pensioner rebates, use the full calculator
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Common questions
What does a conveyancer actually do?
A conveyancer reviews the contract of sale, conducts property searches (title, council, zoning, land tax, water), liaises with your lender, prepares and lodges settlement documents on the PEXA platform, and ensures the title is registered correctly in your name. For sellers, they also discharge the existing mortgage and prepare the vendor disclosure documents (Section 32 in Victoria, Form 1 in SA, etc.).
Conveyancer or solicitor, which do I need?
For straightforward residential purchases, a licensed conveyancer is sufficient and more cost-effective. Use a solicitor when buying via a trust, company or self-managed super fund, when there's a complex joint ownership structure, when buying off-the-plan with non-standard terms, when settling a deceased estate, or when contract disputes are likely.
How much does conveyancing cost?
Professional fees typically range from $700 to $2,000 for a buyer in most states, plus disbursements of $300 to $900 (PEXA fee, title searches, council searches, registration). Solicitors charge more, often $1,500 to $3,000+, with hourly rates of $300 to $500 for complex matters. Always get a fixed-fee quote before engaging.
When should I engage a conveyancer in the buying process?
Before you make an offer. The conveyancer should review the contract of sale and any vendor disclosure documents BEFORE you sign anything. Once contracts exchange, you're committed: there's limited cooling-off in some states, and even then, walking away usually means forfeiting part of the deposit.
What's a Section 32 / vendor's statement?
It's the document a vendor must provide before signing, disclosing material facts about the property: title details, mortgages and easements, zoning, planning overlays, outgoings (rates, body corporate fees), and any building permits or notices. The exact name varies by state (Section 32 in Victoria, Form 1 in SA, contract of sale in NSW). Your conveyancer reviews this for missing or concerning disclosures.
Can I do my own conveyancing to save money?
Technically yes in most states, practically no for almost everyone. PEXA electronic settlement is restricted to licensed practitioners; missed deadlines and procedural errors can forfeit your deposit; if a licensed conveyancer makes an error, their professional indemnity insurance covers you. The few hundred dollars saved on a $700,000 purchase isn't worth the risk.
Keep reading
First Home Buyer Guide
Where conveyancing fits in the broader buying process.
ReadBuying Property in Australia
The full step-by-step buying process.
ReadProperty Auction Guide
What changes when you buy at auction (no cooling off).
ReadBuilding and Pest Inspection
The other professional you'll engage before settlement.
ReadReal Estate Agent Fees
If you're selling, the other big professional cost.
ReadStamp Duty Calculator
The largest line item your conveyancer will arrange at settlement.
Read