The conveyancing process when buying a house [a Step-by-step Guide]

If you’re a first-time home-buyer or property investor, you might not have come across the term ‘conveyancing’ before.

Likewise, terms such as unconditional, settlement, and ‘cooling-off’ period are also terms you may not be overly familiar with.

And even if you’re a seasoned property investor, you would have employed a conveyancer or solicitor to assist your sale or purchase, in which case you still might not be completely clear of exactly what the conveyancing process entails.

You’re not alone.

So to help, in this article, I’ll outline what conveyancing is, what a conveyancer does, and why you need one, and I’ll also provide a detailed explanation of the steps involved in the conveyancing process so you’re prepared when the time comes to use one.

By the time you finish reading, you'll understand this process better than most real estate agents do.

What is conveyancing in real estate?

Conveyancing is simply the legal process of transferring ownership of a property from the seller to the buyer.

It sounds simple when you say it like that, but there are three stages: the pre-contract stage, where the contract is prepared and reviewed; the pre-completion stage, where searches and checks occur; and finally the post-completion stage, where the transfer is registered and settlement occurs.

Conveyancing also covers more than just straightforward buying and selling. It includes subdividing land, updating a title after a death or divorce, and registering or removing an easement.

Interestingly, a conveyancer doesn't have to be a solicitor, and in most states you can use either.

I've always preferred working with a solicitor who specialises in property rather than a standalone conveyancer. A conveyancer typically has deep knowledge of one area of law, namely property law, while a solicitor brings that same property expertise plus broader legal knowledge that matters if something goes wrong.

That broader protection is usually worth the modest difference in fees, particularly on a transaction where the numbers involved are significant.

What does a conveyancer actually do?

Your conveyancer manages the entire legal transaction on your behalf, from preparing and reviewing contracts to ensuring everything complies with the regulations in your state.

The exact process varies a little depending on where you're buying, but the core job stays the same everywhere. They're protecting your legal position at every stage of a deal that usually represents one of the biggest financial commitments you'll ever make.

Left to do it yourself, most buyers would spend weeks just trying to understand which documents need to be lodged and when. A good conveyancer compresses that into a process that runs quietly in the background while you focus on the bigger decisions.

What do conveyancers check, and how does this differ for buyers and sellers?

Every transaction has a buyer and a seller, and each side needs its own conveyancer. Using the same person for both sides creates an obvious conflict of interest, so this should never happen.

For a buyer, your conveyancer researches the property's title to confirm the seller actually holds clear ownership, checking for easements, encumbrances, and exactly what type of title you're purchasing.

They review the contract of sale and vendor disclosure statement the seller's side has prepared, flagging any unusual clauses or red flags, prepare and lodge the transfer of land documents, calculate settlement adjustments and stamp duty, and manage settlement day itself including liaising with your bank.

For a seller, your conveyancer prepares the contract of sale and the vendor disclosure statement before the property even goes to market, making sure the property's compliance with council standards and any known issues are accurately represented.

They'll advise you on conditions that protect your position, such as settlement timing, arrange the discharge of your existing mortgage with your bank, handle any negotiations or extension requests coming from the buyer's side, and represent your interests throughout.

Do you need a conveyancer before making an offer?

Most people assume conveyancers only get involved once a contract is signed, and for buyers that's often exactly what happens in practice. I think that's a mistake.

Your conveyancer's expertise is far more valuable used before you commit than after. Getting them to check boundaries, planning restrictions, and title issues before you sign can save you from a property with problems that would have altered your decision entirely.

For sellers, the timing works differently because your conveyancer is usually involved from the start, helping prepare the contract and working out the most advantageous settlement date before negotiations even begin.

Whichever side of the transaction you're on, I'd never recommend attempting conveyancing yourself. The complexity and legal risk simply isn't worth the modest saving, and a conveyancer's arm's length advice is often what stops a buyer from purchasing a property they'd later regret.

Can you change conveyancers before settlement?

Occasionally a buyer or seller decides midway through a transaction that they've picked the wrong conveyancer. Maybe the service has been slow, maybe important searches were missed, or maybe they've been charged for work that was never actually done.

It does happen. Some conveyancers cut corners, miss deadlines, or make errors with the title, and if that's happening to you it's completely reasonable to want to switch.

You can change conveyancers, and the earlier in the process you do it, the simpler the switch tends to be. Before you make the move, it's worth resolving three things.

First, check whether there's a penalty for switching, which generally only applies if contracts have already exchanged or your existing contract specifies one.

Second, confirm whether you owe fees for work already completed, since many conveyancers operate on a no completion, no fee basis while others don't.

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Third, work out how quickly paperwork and funds can transfer across, because that timeline usually depends on how the first two questions get resolved.

How to pick a conveyancer

Choosing well the first time saves you from ever having to deal with the switching process above.

Before you commit, it's worth asking how long they've been practising, what their qualifications are, and whether they specifically have experience with property transactions like yours.

I'd also ask whether they hold current professional indemnity insurance, what their fees actually include beyond the headline number, and whether there are any government fees or extra outgoings you should budget for.

And don't be shy about asking to speak with a past client, because a genuine testimonial tells you more about how someone actually works than any qualification on paper.

The step by step conveyancing process

The conveyancing process involves a series of steps, most of which come with strict deadlines attached.

While your conveyancer manages this entire sequence for you, understanding what's happening behind the scenes means you're never caught off guard.

The exact order and terminology shifts slightly from state to state, but the overall process looks broadly the same everywhere in Australia.

The contract of sale is prepared. While occasionally prepared by the selling agent, it is usually drafted by the vendor's solicitor or conveyancer, particularly if the property is being sold at auction. It sets out every detail of the transaction, including the price, the names of both parties, property details, any special conditions, and the terms of payment.

Exchange takes place. Before exchange, buyers often pay a small, fully refundable holding deposit to show they're serious, which is separate from the much larger deposit you'll pay later. Once both parties sign and the contract becomes legally binding, the transaction is considered exchanged.

The deposit is paid. Once exchanged, the buyer typically pays a deposit of 10 percent of the purchase price, held in trust by the agent, solicitor, or conveyancer until settlement.

The cooling-off period applies, depending on where you're buying. This is where the rules genuinely differ by state, so it's worth knowing exactly where you stand.

NSW, Queensland and the ACT give buyers 5 business days, Victoria gives 3, the Northern Territory gives 4, and South Australia gives 2. Western Australia and Tasmania have no statutory cooling-off period at all, so whatever protection you have there needs to be negotiated into the contract itself.

NSW also extends this to 10 business days for off-the-plan purchases, given you're committing to something that hasn't been built yet. And no matter which state you're in, there's no cooling-off period if you buy at auction.

If you do pull out during cooling-off, you're not losing your entire deposit. You'll typically forfeit a small penalty, often around 0.2 to 0.25 percent of the purchase price depending on the state, and the remainder of your deposit is returned to you. This window is also the ideal time to arrange your building and pest inspection and confirm your finance is fully approved, since it's your last real opportunity to walk away without significant cost.

The title transfer is signed. Your conveyancer prepares the transfer of land document, which you then sign as the buyer.

Stamp duty is paid. This one-off state government tax applies to most property purchases, though the exact amount and any available concessions depend on your state and circumstances.

Transfer documents get stamped. Once your conveyancer has the documents signed and duty paid, they're sent to the seller's side to be signed and stamped ahead of settlement, which is often a requirement your lender needs met before they'll register your home loan.

Insurance kicks in. The seller carries responsibility for the property until settlement, but most lenders will require you to have building insurance in place as a condition of finance, so this is worth arranging well before settlement day arrives.

Requisitions on title get raised. In most states, your conveyancer sends a formal list of questions to the seller to uncover anything not previously disclosed. Queensland and Victoria have replaced this step with warranties built directly into the contract instead.

Final searches are run. Your conveyancer checks for defects in the title, contamination issues, and any unapproved construction. If anything turns up here that wasn't disclosed, you may be able to withdraw, negotiate a price reduction, or in serious cases pursue damages.

The seller finalises their loan payout. If the seller has a mortgage, their conveyancer arranges the payout figure and the discharge of that loan ahead of settlement.

Settlement adjustments are calculated. Council rates, water rates, land tax, and rent if the property is tenanted all get adjusted between buyer and seller up to the settlement date, and this gets factored into the final figure paid at settlement.

Settlement happens. This is where the buyer pays the agreed amount and ownership formally transfers. Almost all settlements today happen electronically through PEXA, Australia's digital property exchange platform, which has largely replaced the old system of everyone physically turning up with paperwork.

How much does a conveyancer cost?

Fees vary significantly depending on your state, whether you use a conveyancer or a solicitor, and the complexity of your transaction. As a rough guide, expect to pay between $1,000 and $2,500 in professional fees for a straightforward residential transaction, with more complex deals or solicitor-led work costing more, sometimes up to $3,000 or more.

On top of that you'll pay disbursements, which are the out of pocket costs your conveyancer covers on your behalf such as title searches, certificates, and registration fees. These typically add another $300 to $800.

Worth knowing is that Queensland and the ACT only allow solicitors to handle conveyancing, which tends to push pricing higher in those states compared to somewhere like Victoria where licensed conveyancers can do the work at a lower cost.

Always ask exactly what's included in a quote before comparing prices between providers, because a cheap headline figure sometimes just means the disbursements land on you separately and unexpectedly later.