Conveyancing for property buyers and sellers
Conveyancing explained for property buyers and sellers, covering using a licensed conveyancer or solicitor, insurance, and the legal process of property transactions.
The legal work involved in preparing a sales contract, mortgage and other related documents, is called conveyancing. While you can do your own conveyancing, most people engage a licensed conveyancer or solicitor.
Conveyancers and solicitors are equally qualified to do conveyancing.
Licensed conveyancers
In NSW, conveyancers must be licensed with NSW Fair Trading.
Most conveyancers hold an unrestricted licence to do conveyancing work for all property types:
- residential
- commercial
- rural.
Solicitors
Solicitors, like licensed conveyancers, must also have professional indemnity insurance for your protection.
Finding a conveyancer or solicitor and checking eligibility
To find a conveyancer or solicitor search online in your local area under ‘Conveyancing Services’.
You can also contact a professional association (see details below).
Before choosing a conveyancer, check that they are licensed.
To find a solicitor or check if a solicitor is eligible to practise, search for specialists in property law in your local area using the Find a Lawyer page on the Law Society of NSW website.
You can also call the Law Society of NSW on 9926 0333 to ask for help.
Doing your own conveyancing
If you choose to do your own conveyancing, research what is required and the risks involved. Do-it-yourself kits are available but generally provide guidance material only. You will still be personally liable if there is a problem with the sale even if you followed the instructions. It may also be difficult for you to buy the same level of insurance available to a licensed conveyancer or solicitor.
The conveyancing process
Conveyancing can involve these steps:
- examining the contract for sale
- arranging building and pest inspections
- examining a strata inspection report (if the property is in a strata scheme)
- arranging finance if necessary
- exchanging the contract of sale
- paying the deposit
- arranging payment of stamp duties
- preparing and examining the mortgage agreement
- checking if there are outstanding arrears or land tax obligations
- checking if swimming pool compliance documentation is needed
- finding out if any government authority (e.g. local council, Sydney Water, Transport for NSW) has a vested interest in the land or if any planned development could affect the property
- finding out any information that may not have been previously disclosed such as a fence dispute or illegal building work
- calculating adjustments for council and water rates for the property settlement
- overseeing the change of title with NSW Land Registry Services
- completing any final checks before settlement
- attending settlement.
Fees and other costs of conveyancing
Legal practitioners and conveyancers must disclose certain information to clients, generally before or when they are retained. This includes information about their costs for doing the conveyancing.
Important: Before the conveyancer or solicitor starts the work, ask for an itemised statement of the likely costs to give you a better idea of the total.
Fees
Fees will vary between solicitors and conveyancers. As well as professional fees you will usually be charged for disbursements, which may include:
- a title search
- certificate fees charged by authorities with responsibility for water, electricity, roads, schools etc.
- photocopying
- registering the mortgage
- registering the transfer.
Other costs
Conveyancing costs, other than legal fees and disbursements, may include:
- building and pest inspections
- survey report
- establishment of mortgage
- home building insurance
- valuation fees
- mortgage insurance
- stamp duty and mortgage duty
- levies, if the property is in a strata or community scheme
- council and water rates
- any outstanding land tax obligations.
More information about conveyancing
Disclosure obligations and land tax information
- Learn more about conveyancers’ disclosure obligations.
- For solicitors’ disclosure obligations visit the Law Society’s website or contact the Law Society of NSW on 02 9926 0333.
- For land tax and how it may affect your property purchase, see Revenue NSW – Land Tax.
Professional indemnity insurance
Both solicitors and licensed conveyancers must have professional indemnity insurance to protect you if they make a mistake or are negligent in their work.
Property Services Compensation Fund
If a conveyancer is dishonest with the money you have entrusted to them, you may have access to the Compensation Fund administered by NSW Fair Trading. For more information about the fund, go to the Property Services Compensation Fund page.
Key contacts
Australian Institute of Conveyancers NSW Division
Tel: 02 9633 1355
The Law Society of NSW
Tel: 02 9926 0333
The Office of the Legal Services Commissioner
Tel: 02 9377 1800 or 1800 242 958
Complaints about a conveyancer or solicitor
To complain about a conveyancer, call NSW Fair Trading on 13 32 20 or visit our make a complaint page.
To complain about a solicitor contact the NSW Legal Services Commissioner on 02 9377 1800 or 1800 242 958