Real Estate & Property Lawyers › Conveyancing
Conveyancing Lawyers — From Exchange to Settlement. Protecting Every Step.
Conveyancing is the legal process of transferring property ownership — from reviewing the contract of sale through to settlement and registration of the transfer of title. A conveyancing lawyer protects buyers and sellers against hidden title defects, unfavourable contract terms, and settlement risks. Whether you are buying your first home or selling an investment property, a conveyancing lawyer ensures the transaction proceeds without complication.
⚠ Cooling-off periods are short — 5 business days in NSW, 3 business days in Victoria and Queensland. A contract reviewed after exchange may already be binding. Get contract advice before you sign.
Conveyancing Matters We Handle
From contract review to settlement — residential and commercial conveyancing.
Contract of Sale Review
A lawyer reviews the contract of sale before exchange — identifying unfavourable conditions, special conditions that limit the purchaser's rights, vendor disclosure obligations that have not been met, and title defects that affect the property. Reviewing the contract before exchange is the most important step a purchaser can take — once the cooling-off period expires, the contract is binding.
Title Search & Due Diligence
A conveyancing lawyer searches the title register to confirm ownership, identify mortgages, caveats, easements, covenants, and other encumbrances affecting the property. Searches are also conducted for outstanding council rates, water rates, land tax, and strata levies — all of which may be recoverable from the purchaser at settlement if not identified and adjusted.
Off-the-Plan Purchases
Off-the-plan contracts are complex — they involve significant time between exchange and settlement, during which the developer retains the right to make variations to the plan of subdivision and the property. A lawyer advises on the developer's disclosure obligations, the purchaser's rescission rights on material changes, sunset clause provisions, and the stamp duty implications of off-the-plan purchases.
Settlement Management
Settlement is the day ownership formally transfers — when the balance of the purchase price is paid and the transfer of title is registered. A conveyancing lawyer manages the settlement process — liaising with the vendor's lawyer, the lender, and the relevant state land registry — to ensure settlement occurs on the agreed date without complication. Delayed or failed settlements have legal and financial consequences that a lawyer manages.
Vendor Conveyancing
For property sellers, a conveyancing lawyer prepares the contract of sale, ensures all required vendor disclosure documents are included, responds to the purchaser's lawyer's requisitions on title, and manages the vendor's obligations at settlement. In NSW, a vendor who sells without the required disclosure documents may give the purchaser the right to rescind the contract.
Transfer Duty Advice
Transfer duty (stamp duty) is payable by the purchaser on most property transactions in Australia — at rates that vary by state and the purchase price. First home buyers may be entitled to concessions or exemptions. Foreign purchasers pay additional duty. A conveyancing lawyer advises on the transfer duty payable, any exemptions or concessions available, and the timing of the duty payment obligation.
The Legal Framework
Conveyancing law — Torrens title system and state legislation.
Torrens title — indefeasibility of registered title
The Torrens title system operates in all Australian states and territories — land ownership is recorded on a central register, and a registered proprietor's title is (subject to exceptions) indefeasible — protected against claims by prior unregistered interests and fraud by third parties. The key implication for purchasers is that conducting a thorough title search before settlement protects against most title risks — because registration of the transfer defeats unregistered prior interests. A conveyancing lawyer conducts comprehensive title and encumbrance searches before settlement to identify any registered interests that affect the property.
Cooling-off — s66T Conveyancing Act 1919 (NSW)
In NSW, a purchaser of residential property has a cooling-off period of 5 business days from the date of exchange (s66T Conveyancing Act 1919). During the cooling-off period, the purchaser can rescind the contract — but must pay 0.25% of the purchase price as a penalty. Cooling-off rights can be waived by the purchaser (by the purchaser's solicitor or licensed conveyancer signing a s66W certificate) or excluded in certain circumstances (eg, at auction). A lawyer advises on whether the cooling-off period applies and whether rescission is advisable on the specific facts.
Vendor disclosure obligations — ss52A–66 Conveyancing Act 1919 (NSW)
In NSW, a vendor of residential property must attach specific disclosure documents to the contract of sale before exchange — including a title search, a plan of the land, a zoning certificate (s149 certificate), and a drainage diagram. A vendor who fails to attach the required documents gives the purchaser the right to rescind the contract at any time before settlement (and recover the full deposit). A conveyancing lawyer acting for a vendor ensures all required documents are attached before the contract is exchanged.
Electronic conveyancing — PEXA
Most Australian property settlements are now conducted electronically through the Property Exchange Australia (PEXA) platform — rather than by physical settlement. PEXA enables the electronic execution and registration of transfer documents and the simultaneous electronic transfer of settlement funds — eliminating the risks associated with physical settlement (bank cheques, physical attendance, manual registration). A conveyancing lawyer operates through PEXA for all eligible transactions, ensuring settlement is completed efficiently and on time.
GST and property transactions
The sale of new residential premises and commercial property is generally subject to GST (at 10% of the purchase price), while the sale of existing residential property is input-taxed (not subject to GST). The GST implications of a property transaction affect the contract price, the transfer duty calculation, and the vendor's tax obligations. A conveyancing lawyer identifies whether GST applies to the transaction and ensures the contract correctly reflects the GST position — including whether the margin scheme or the going concern exemption applies.
Foreign Investment Review Board (FIRB) approval
Foreign persons (including temporary residents and foreign companies) generally require FIRB approval before acquiring an interest in Australian residential property. The FIRB approval process takes 30 days from lodgement of the application (which must be lodged with payment of the applicable fee). A conveyancing lawyer identifies whether FIRB approval is required, assists with the application, and ensures the contract is appropriately conditioned on FIRB approval where applicable.
How It Works
One request. Free conveyancing advice.
Tell us whether you are buying or selling, the type of property (residential or commercial), the state, and the stage of the transaction (pre-contract, post-exchange, or approaching settlement).
Submit Your RequestDescribe the transaction
Buyer or seller, property type and state, purchase price, stage of the transaction, and any specific concerns (title issues, special conditions, settlement date, FIRB).
Matched to a conveyancing lawyer
Matched to a conveyancing lawyer who practises in your state and has experience in your property type — residential, commercial, or off-the-plan.
Free consultation
A conveyancing lawyer contacts you for a free consultation — reviewing the contract, advising on risks, and managing the transaction through to settlement.