While buyers might think a conveyancer just "does the paperwork" at the end, it is beneficial to have a conveyancer involved in the early stages of your purchase. They review the Contract and advise you on the conditions, your rights and obligations to the Seller and government bodies, suggest favourable contract amendments, and spot anything that needs further investigation before you sign and commit. After the Contract is signed, they make sure you observe the contract conditions correctly to avoid a breach. And once the Contract is unconditional, they make sure all the paperwork for settlement is in order so settlement takes place on time and you avoid any penalty interest or default charges.
This article walks through how a conveyancer can assist with your purchase in Queensland, New South Wales and Victoria.
Quick links
๐ง QLD
- Queensland Government: Cooling-off period for residential property contracts
- Queensland Law Society: REIQ property contracts
- Queensland Law Handbook: Conveyancing process for purchasing a home
- Property Occupations Act 2014 (Qld): s.166 Cooling-off period
- REIQ: Seller's disclosure regime changes
๐ฆ NSW
- NSW Government: Conveyancing for property buyers and sellers
- NSW Government: Property professionals (Conveyancers Licensing Act 2003)
๐ช VIC
- Consumer Affairs Victoria: Conveyancers licensing
- Consumer Affairs Victoria: Conveyancing and contracts for sellers (Section 32)
- Consumer Affairs Victoria: Buying property by private sale (3-day cooling-off)
What is conveyancing?
Conveyancing is the legal process of transferring ownership of a property from one person or entity to another. It starts when Buyers and Sellers sign the Contract, and ends once settlement has taken place. A conveyancer's work, however, can start before the Contract is signed and continues after settlement to wrap up any post-settlement tasks.
Before you sign the Contract, it's always a good idea to forward it to your conveyancer to look over the property's title, the contract terms and conditions, and anything that might affect the property and cause issues later on. Depending on the state the property is in, you might have limited recourse to end the Contract with minimal costs and penalty โ so it's important to know what you're committing to.
Who can do conveyancing work?
Each state and territory has separate conveyancing laws and regulations, including who is legally permitted to perform conveyancing work for a fee.
In all states and territories except Queensland and the Australian Capital Territory, licensed conveyancers or solicitors are permitted to represent transacting parties (such as buyers and sellers) in conveyancing transactions. In those two jurisdictions, only solicitors can represent transacting parties. In all states, conveyancers and conveyancing paralegals can work under the supervision of solicitors and licensed conveyancers (where permitted).
All solicitors and licensed conveyancers must maintain their continued professional development training and professional indemnity insurance for your protection in order to obtain and maintain their practising certificate or licence.
Solicitor vs licensed conveyancer
Scope of work. Solicitors and licensed conveyancers can act in a wide range of conveyancing transactions โ purchase, sale, lease and mortgage of property, sale of business, and so on. Providing financial, tax and investment advice is not within their scope. In states like NSW and Victoria, unlike solicitors, licensed conveyancers are not permitted to act in legal proceedings, probate matters, or to prepare wills, company constitutions and trust deeds.
Before engaging a conveyancer, consider what your transaction requires and check with the conveyancer or firm whether they practise in the areas of law you need. Many law firms employ both solicitors and licensed conveyancers and can undertake matters of various levels of complexity.
States and territories of practice. Australian solicitors can practise in conveyancing transactions across Australia, while a licensed conveyancer is generally only licensed to practise within their home state. However, certain states like NSW and Victoria have mutual recognition of interstate licensed conveyancers โ this allows a licensed conveyancer to practise outside their home state by application to the relevant authority.
Whether you are buying in your home state or interstate, engage a conveyancer permitted to practise in the state the property is located in. When in doubt, verify a solicitor's practising certificate or conveyancer's licence with the relevant regulators noted in our table below for QLD, NSW and VIC.
Can buyers self-represent?
Yes โ buyers and sellers can act for themselves in conveyancing transactions. If you elect to self-represent, it's important to know your rights and obligations under the Contract as well as the relevant laws and regulations, to avoid issues with the transaction and long-term consequences.
Another important thing to consider is settlement. These days, many states and territories require standard conveyancing transactions to settle electronically on an Electronic Lodgement Network Operator (ELNO). This is the case for Queensland, New South Wales and Victoria. Generally, most ELNOs โ such as PEXA โ can only be subscribed to by lawyers, licensed conveyancers, financial institutions and statutory bodies. If you are not eligible to subscribe, you can engage a settlement agent to conduct settlement for you on the lodgement platform.
State-by-state snapshot (QLD, NSW, VIC)
| Queensland | New South Wales | Victoria | |
|---|---|---|---|
| Conveyancing practitioner | Solicitors | Licensed conveyancers or solicitors | Licensed conveyancers or solicitors |
| Regulator | Queensland Law Society (QLS) | Solicitors โ NSW Law Society Licensed conveyancers โ NSW Fair Trading |
Solicitors โ Law Institute Victoria Licensed conveyancers โ Consumer Affairs Victoria (CAV) |
| Registry search | QLS Register of Solicitors | NSW Conveyancer Register NSW Law Society Register of Solicitors |
VIC Register of Lawyers VIC Conveyancer Public Register |
What your conveyancer actually does, step by step
1. Contract review
They read the Contract and bring important things to your attention, such as:
- Contract terms โ price, deposit, property details and inclusions, vacant possession or subject to existing tenancies.
- Key dates โ cooling-off expiry, finance date, building and pest inspection date, deposit due dates, settlement date.
- Seller disclosure documents. In QLD, NSW and VIC, the seller is legally required to disclose and provide prescribed documents in relation to matters such as encumbrances, zoning, and similar issues. Your conveyancer reviews the disclosure and relevant documents, flags any irregularities, and advises you on your legal position and options.
- Special conditions and any irregularities. In QLD and VIC, agents may draft special conditions for a Contract โ make sure they're reviewed by your legal team to ensure they're appropriate to your situation and don't create any unintended risk.
- Any favourable negotiations, searches and investigations.
You can ask the conveyancer to carry out searches on your behalf. Which searches to do depends on the location of the property as well as your intended use. For instance, if the property is near a train line, you could consider getting a search from Transport Asset Holding Entity (TAHE) (formerly Rail Corporation) to see if there is any rail proposal that requires part or the whole of the land being purchased. Other common pre-contract searches include flood searches and proposed acquisitions by government authorities.
2. Negotiation and contract signing (if required)
In Queensland and Victoria, buyers negotiate the price and contract terms with the Seller's real estate agent. Bring up any enquiries and contract amendments your conveyancer suggests. Agents also organise contract signing for buyers and sellers. If there is no agent involved, you can elect to deal with the Seller directly or instruct your conveyancer to conduct contract terms negotiation on your behalf.
In New South Wales, agents are not permitted to prepare, fill out or amend contracts โ except for limited details such as inserting buyers' and buyer's conveyancer's details, the purchase price, deposit, inclusions, contract date, and so on. So negotiation of contract terms is carried out by the seller's and buyer's conveyancers. The agent undertakes price negotiation and organises contract signing and exchange. You can also ask your conveyancer to organise signing if you wish.
3. Conditions management
The Cooling-Off Period, finance, building and pest, and any special conditions all have strict dates. Miss one and you can lose your deposit, or the seller can terminate the Contract (depending on the contract terms and conditions). Your conveyancer tracks them so nothing gets missed, and will:
- Advise you that the Contract is exchanged, and highlight key dates and conditions.
- Do searches as required by you (if not already done pre-contract).
- Obtain your instructions on contract conditions โ e.g. whether you would like to proceed with the purchase or rescind under the Cooling-Off Period, whether you'd like to satisfy, waive or terminate under the Building and Pest condition.
- Communicate your instructions to the Seller's conveyancer โ e.g. ending the Contract under the Cooling-Off Period, satisfying the Building and Pest condition, or terminating due to loan rejection.
The condition period is also the window for you to carry out all your due diligence, to make sure you're aware of the property's state and condition. If you discover an issue, it's best to withdraw from the Contract during this period to avoid extensive costs and consequences. If not already done before contract signing, you can instruct your conveyancer to carry out searches to find out if the land is contaminated, liable to flooding, or proposed to be partly or wholly acquired by a government authority.
4. Settlement preparation
Once the Contract becomes unconditional, your conveyancer gets cracking on settlement preparation. This includes (but isn't limited to):
- Order compulsory searches and any additional searches as instructed.
- Obtain and review required documents from the Seller's conveyancer.
- Assist you with the form(s) and documents required for transfer duty assessment and any exemption or concession application (e.g. first home buyer exemption/concession).
- Prepare and submit the transfer duty assessment. Transfer duty (stamp duty) is a government tax calculated based on the price you pay for the property and is paid to the state's Revenue Office. Your conveyancer will provide you with the correct form for your situation, lodge it on your behalf, and claim any concession you may be eligible for.
- Calculate settlement figures and finalise these with the Seller's conveyancer.
- Let you know how much money you need to have ready for settlement.
- Direct disbursements to the seller and relevant authorities โ for example, outstanding rates and levies to council, water authority and strata manager; GST withholding and foreign resident capital gains tax withholding to the ATO; the seller's outstanding land tax to the revenue office.
- Ensure all required parties participate in the settlement workspace (for electronic settlements) and sign off in readiness for settlement.
- Handle ad-hoc tasks as they come up.
5. Settlement
Settlement is arranged between your bank, the seller's solicitor or conveyancer, and the seller's bank (if there is a mortgage). The transfer documents are prepared and, on settlement day, the settlement funds are exchanged electronically through the eConveyancing workspace (PEXA). Once everything is confirmed, the property title is registered in your name, the keys are released to you and the deposit is released to the seller.
On settlement day, your conveyancer ensures the transfer and all required documents are lodged, disbursements are sent, and any issues that come up are dealt with.
6. Post-settlement
Once settlement has taken place, the conveyancer informs you of the good news. They then get about informing all relevant parties of your new ownership:
- Inform the agent to release the keys to you.
- If the property is tenanted: send notice to the managing agent or tenant to start paying rent to you, the new owner.
- Send notice of change of ownership to the strata manager and any relevant authorities.
- Send a post-settlement letter to you.
Timelines by state
๐ง Queensland
Below is a rough timeline on a standard QLD purchase with 30-day settlement.
Your conveyancer's QLD workflow
QLD standard settlement = 30 days from contract date. Cooling-off = 5 business days after the buyer receives the fully signed contract, including the contract date if a business day.
No cooling-off applies if the property is non-residential, or purchased at auction, or within 2 business days after a failed auction. Penalty for a buyer rescinding under the cooling-off period is 0.25% of the purchase price.
๐ฆ New South Wales
Below is a rough timeline on a standard NSW purchase with a 42-day settlement.
Your conveyancer's NSW workflow
NSW standard settlement = 42 days after contract date. Cooling-off = 5 business days after contract date (off-the-plan: 10 business days).
No cooling-off applies if non-residential, purchased at auction, or on the same day as a failed auction. Penalty for a buyer rescinding under cooling-off = 0.25% of the purchase price.
๐ช Victoria
Below is a rough timeline on a standard VIC purchase.
Your conveyancer's VIC workflow
VIC settlement is typically 30 to 90 days (60 days is common in metro Melbourne). Cooling-off = 3 business days after the buyer signs (private sale only).
No cooling-off if purchased at auction, or within 3 business days before or after a failed auction. Penalty for rescinding under cooling-off = $100 or 0.2% of the purchase price, whichever is higher.
Victoria-specific essentials:
- Contract (including Section 32) review comes first. Your conveyancer reads the contract and vendor's Section 32 Vendor Statement. Missing or misleading info may let you rescind.
- Cooling-off is 3 clear business days from the date the buyer signs the contract (private sale only; no cooling-off at auction). The vendor can keep $100 or 0.2% of the price if a buyer terminates under cooling-off, whichever is greater.
- Settlement is typically 30 to 90 days; 60 days is common in metro Melbourne.
- Stamp duty is paid to the State Revenue Office Victoria; first home buyer concessions and exemptions apply up to set thresholds.
Why you engage a conveyancer BEFORE you sign the Contract
Most buyers wait until they've signed. By then the cooling-off clock is ticking.
Engage one ahead of time and:
- Contracts get reviewed within 24โ48 hours.
- The fee is already agreed โ no negotiating mid-transaction.
- If you go to auction (where the contract is usually unconditional), you've already had pre-contract advice.
Getting a conveyancer in early costs nothing. Not having one when an agent hands you a contract on a Saturday afternoon can cost your deposit.
What it costs (QLD, NSW, VIC)
๐ง Queensland
For a standard residential purchase in 2026, expect $1,000 to $2,500 all-up:
- Professional fees: $700 โ $1,800 (fixed-fee is standard).
- Disbursements (searches, registration, PEXA, certificates): $300 โ $700.
Units and townhouses sit higher because body corporate searches add cost. Stamp duty is paid separately to the Queensland Revenue Office. Be wary of fees well under $700 โ someone's cutting corners.
QLD conveyancing cost breakdown
๐ก Where units sit
Units and townhouses sit at the higher end. Body corporate searches add cost.
โ ๏ธ Red flag
Professional fees well under $700. Someone is cutting corners.
Stamp duty (transfer duty) is separate and paid to QRO, not your conveyancer. First Home Concession may wipe it entirely.
๐ฆ New South Wales
For a standard residential purchase in 2026, expect $1,200 to $2,800 all-up:
- Professional fees: $900 โ $2,000.
- Disbursements (searches, registration fees, settlement platform charges, etc.): $300 โ $800.
Transfer duty is additional to the purchase price and must be paid on settlement.
NSW conveyancing cost breakdown
Transfer duty (stamp duty) is paid separately to Revenue NSW on settlement, not your conveyancer. First Home Buyer Assistance Scheme exemptions and concessions may apply.
๐ช Victoria
For a standard residential purchase in 2026, expect $900 to $2,500 all-up:
- Professional fees: $700 โ $1,800 (conveyancers lower end, solicitors upper).
- Disbursements (Section 32 certificates, title and planning searches, PEXA, registration): $200 โ $700.
Owners-corporation properties (apartments) cost more because the OC certificate and records review add work. Stamp duty is paid to the State Revenue Office Victoria at settlement.
VIC conveyancing cost breakdown
๐ก Where apartments sit
Owners-corporation properties (apartments) sit at the higher end. The OC certificate and records review add work.
Stamp duty is paid separately to the State Revenue Office Victoria at settlement, not your conveyancer. First home buyer concessions and exemptions apply up to set thresholds.
What to look for when choosing one
Check these before you sign the engagement letter:
- State-specific admitted solicitor or licensed conveyancer on file. Get the name, then check the relevant register linked above.
- Fixed fee in writing, with disbursements itemised. Not "from $X".
- Direct contact โ name and email of the person on your file, not a generic inbox.
- 24โ48 hour contract review. Anything longer and you'll struggle inside cooling-off.
- Plain English. If the first call leaves you more confused, find someone else.
- PI insurance and trust account โ mandatory. Confirm both.
What's next
You don't need a property to engage a conveyancer. You need a conveyancer to buy one with peace of mind.
Zettle offers free contract reviews (worth $275 each) for buyers in QLD, NSW and VIC. You'll get advice on the contract and a quote for our fixed professional fee for the full job.
Lock one in now, so when you find the right property, you can make an offer or attend auction with confidence.
Get your free contract review โ
Sources
Queensland
- Queensland Government: Cooling-off period for residential property contracts
- Property Occupations Act 2014 (Qld): s.166 Cooling-off, s.167 Waiving, s.168 Terminating
- Queensland Law Society: REIQ property contracts
- Queensland Law Handbook: Conveyancing process for purchasing a home
- REIQ: Important changes to property law in Queensland (Seller's Disclosure Regime)
- Empire Legal: How much does conveyancing cost in QLD?
New South Wales
- NSW Government: Conveyancing for property buyers and sellers
- NSW Government: Property professionals โ Conveyancers Licensing Act 2003 (NSW Fair Trading)
- NSW Fair Trading: Conveyancer licence public register
- Law Society of NSW
- Australian Institute of Conveyancers โ NSW Division
Victoria
- Consumer Affairs Victoria: Conveyancers (licensing)
- Consumer Affairs Victoria: Buying property by private sale (3-day cooling-off)
- Consumer Affairs Victoria: Conveyancing and contracts for sellers (Section 32)
- Victorian Legislation: Sale of Land Act 1962
- Australian Institute of Conveyancers โ Victorian Division