What Does a Conveyancer Do in NSW? What Buyers and Sellers Need to Know
KEY TAKEAWAYS:
- A licensed NSW conveyancer handles legal work involved in buying, selling and transferring property within the scope of their licence.
- For buyers, this can include reviewing the Contract for Sale, checking property information, dealing with Revenue NSW requirements and managing settlement.
- For sellers, a conveyancer prepares the Contract for Sale, obtains required disclosure documents and manages the legal side of the sale through to settlement.
- Buyers should involve a conveyancer early enough to have the contract reviewed before they become committed, particularly before an auction or waiving cooling-off rights.
- Sellers need a Contract for Sale prepared before a residential property can be advertised in NSW.
If you’re buying or selling property in New South Wales, a conveyancer manages much of the legal work required to take the transaction from contract through to transfer and settlement.
Property transactions can move quickly. Contracts create legal obligations, deadlines matter and information affecting the title or property can have consequences for both buyers and sellers.
Whether you’re a first-home buyer, investor or seller, involving a conveyancer early gives you an opportunity to understand the transaction before key decisions have already been made.
This guide explains what a conveyancer does in NSW, when you should involve one and how their role differs for buyers and sellers.
What Is Conveyancing?
Conveyancing is the legal work involved in buying, selling or transferring an interest in property.
The process can begin before contracts are exchanged and continues through the legal and administrative steps required to complete the transaction.
For a buyer, this can start with reviewing the Contract for Sale. For a seller, it usually begins with preparing the contract and required property documents before the property is marketed.
The process can then involve property searches, contract negotiations, transfer duty, lender coordination, settlement calculations, electronic documents and ultimately the transfer of ownership.
NSW Government guidance on conveyancing explains the wider legal process for property buyers and sellers.
What Does a Conveyancer Do in NSW?
A licensed NSW conveyancer handles legal and administrative work connected with property transactions within the scope of their conveyancing licence.
Their role can include:
- reviewing or preparing the Contract for Sale;
- advising on conveyancing documents and contract terms;
- reviewing title information and relevant property documents;
- identifying easements, covenants, restrictions and other registered interests;
- arranging or reviewing appropriate property searches;
- explaining applicable cooling-off and settlement requirements;
- dealing with Revenue NSW documentation;
- liaising with banks, real estate agents and the other party’s representative;
- calculating settlement figures and adjustments;
- preparing authorised electronic conveyancing documents; and
- coordinating settlement and the transfer of ownership.
NSW Government guidance for licensed conveyancers identifies work such as preparing contracts and leases, advising on conveyancing documents, exchanging contracts, organising surveys and building inspections, arranging registration of title documents and attending settlement.
The exact work depends on the property and the circumstances of the transaction. A strata apartment, for example, can involve different enquiries from a Torrens title house.
Buying Property in NSW? Speak to a Conveyancer BEFORE Exchange
A buyer should ideally have their conveyancer review the Contract for Sale before signing or exchanging it.
Many buyers assume property contracts are largely standard. In reality, a contract can contain special conditions and property-specific information that materially affects the purchase.
Before you commit, your conveyancer can review matters such as:
- special conditions;
- deposit requirements;
- settlement timing;
- inclusions and exclusions;
- title and registered plan information;
- easements, covenants and restrictions;
- whether the property is vacant or tenanted; and
- other legal issues disclosed in the contract.
They can explain what the terms mean, identify matters requiring further investigation and, where appropriate, seek changes to the contract before exchange.
NSW Government recommends obtaining the Contract for Sale as soon as possible so a solicitor or licensed conveyancer can review it before you commit. See the NSW Government guide to property contracts and deposits.
Our guide to contract review before buying property in NSW explains what a conveyancer can check before you sign.
Once the purchase proceeds, your conveyancer manages the legal steps towards settlement, including relevant searches, Revenue NSW requirements, communications with the seller’s representative and coordination with the lender where finance is involved.
What About the Cooling-Off Period?
Most NSW residential purchases by private treaty have a five-business-day cooling-off period after exchange, but important exceptions apply.
There is no cooling-off period when buying at auction or where contracts are exchanged on the same day after the property is passed in at auction.
A buyer can also waive the cooling-off period by providing a section 66W certificate.
If a buyer exercises the standard cooling-off right, they generally forfeit 0.25% of the purchase price, rather than automatically losing the entire deposit. Off-the-plan residential contracts generally have a longer 10-business-day cooling-off period.
See our guide to the cooling-off period in NSW for a more detailed explanation.
This is why contract review becomes particularly important before an auction or before agreeing to waive cooling-off rights.
Selling a Property in NSW? Conveyancing Starts BEFORE You List
A Contract for Sale must be prepared before a residential property can be advertised for sale in NSW.
This is an important reason for sellers to involve their conveyancer before putting the property on the market.
The seller’s conveyancer will generally:
- obtain title and prescribed property documents;
- prepare the Contract for Sale;
- include the required disclosure material;
- advise on relevant contract conditions;
- deal with proposed amendments from prospective purchasers;
- communicate with the buyer’s solicitor or conveyancer;
- coordinate the discharge of an existing mortgage where required;
- prepare settlement adjustments and relevant clearances; and
- manage electronic settlement.
The seller does not normally need to find every title document, plan and certificate themselves. Obtaining and preparing the legal documentation required for the sale is part of the conveyancing process.
NSW Government guidance for property sellers confirms that a Contract for Sale must be prepared by a lawyer or licensed conveyancer before a residential property is advertised.
For the wider transaction sequence, see our guide to selling property in NSW.
What Property Checks Does a Conveyancer Carry Out?
A conveyancer reviews legal information affecting the property and coordinates the enquiries relevant to the transaction.
Depending on the property and purchase, this can involve:
- title searches;
- registered plans;
- easements;
- covenants and restrictions;
- planning information;
- drainage or sewer information;
- strata information;
- land tax information; and
- other property-specific enquiries.
Not every property requires exactly the same searches.
A strata apartment can raise different issues from a Torrens title home, while an off-the-plan, commercial or rural transaction may require additional investigation.
The purpose is not simply to order paperwork. The conveyancer needs to consider the information relevant to the transaction and explain how it affects their client.
Our NSW conveyancing documents checklist explains which documents buyers and sellers usually provide themselves and which documents their conveyancer generally obtains or prepares.
What Does a Conveyancer Do With Your Bank or Lender?
A conveyancer coordinates the property transaction with the lender where finance or an existing mortgage is involved, but the lender remains responsible for the loan itself.
If you are buying with finance, the lender prepares the lending and mortgage documentation and determines whether finance will be approved.
Your conveyancer coordinates the property side of settlement with the lender and ensures the relevant transaction information is ready.
If you are selling a mortgaged property, your conveyancer also coordinates the discharge process so the existing mortgage can be dealt with at settlement.
Problems involving finance and settlement deadlines can become time-sensitive, which is another reason to provide your lender details to your conveyancer early in the transaction.
What Does a Conveyancer Do at Settlement?
At settlement, the conveyancer coordinates the legal documents, financial figures and electronic transaction required to complete the transfer.
Before settlement, this can involve:
- calculating council, water and other adjustments;
- confirming transfer duty requirements;
- checking settlement funds;
- coordinating mortgage or discharge arrangements;
- obtaining applicable settlement certificates or clearances;
- preparing electronic transfer documentation; and
- confirming the transaction is ready to settle.
NSW property transactions are completed electronically through an Electronic Lodgment Network Operator, or ELNO.
Buyers and sellers may therefore never physically handle every document involved in transferring ownership. Their conveyancer manages the relevant electronic documentation and settlement process under the authority provided by the client.
Why Use a Licensed NSW Conveyancer?
A NSW conveyancer is a licensed property professional who must meet qualification and experience requirements to perform conveyancing work.
An unrestricted NSW conveyancer can work on residential and commercial property conveyancing, rural property, mortgages and other transactions within the scope of the licence.
Licensed conveyancers must also have appropriate professional indemnity insurance when carrying out conveyancing work.
NSW-specific conveyancing knowledge can include:
- Contracts for Sale;
- cooling-off rules;
- transfer duty and applicable concessions;
- electronic conveyancing;
- title and registration requirements;
- strata and off-the-plan transactions; and
- other NSW property requirements.
The NSW expertise matters more than physical proximity to the property. Much of the modern conveyancing process is handled electronically, allowing buyers and sellers to work with their property team without needing to attend an office for every stage.
What Can’t a Licensed Conveyancer Do?
A conveyancer’s licence does not authorise every type of legal or financial work.
NSW licensing rules exclude certain work from the authorised scope of a conveyancer, including work carried out for the purpose of:
- commencing or maintaining legal proceedings;
- creating, varying or extinguishing a trust;
- preparing testamentary instruments;
- giving investment or financial advice; and
- certain other excluded transactions.
If a property transaction develops into litigation or requires legal work outside a conveyancer’s permitted scope, a solicitor may need to become involved.
One practical advantage at Coutts is that our Property & Conveyancing team includes licensed conveyancers and property lawyers, allowing matters requiring broader legal assistance to be handled within the firm.
For a more detailed comparison, see the difference between a solicitor and conveyancer.
Can You Do Your Own Conveyancing in NSW?
You can prepare and lodge some property-related duty documentation yourself, but you cannot complete the NSW property transfer simply as a DIY paper transaction.
Revenue NSW confirms that individuals can prepare and submit their own documents for an assessment of duty liability.
However, a qualified solicitor or conveyancer is required to complete the actual property transaction with NSW Land Registry Services because NSW property transactions must be lodged online through an Electronic Lodgment Network Operator accessible to licensed legal professionals.
Revenue NSW recommends engaging a solicitor or conveyancer from the start so the professional can manage both the duty requirements and property settlement.
See Revenue NSW guidance on lodging your own duty application for the current distinction between duty applications and completing the property transaction.
There is also more to conveyancing than lodging the transfer. Contract conditions, title interests, deadlines, Revenue NSW requirements, mortgage arrangements and settlement all need to be considered as part of the transaction.
When Should You Get a Conveyancer?
Buyers should generally involve a conveyancer before exchange, while sellers need one before advertising a residential property.
For buyers, early contract review gives the conveyancer an opportunity to identify terms and property issues before the buyer becomes committed.
If you intend to buy at auction, the contract should be reviewed before bidding because there is no cooling-off period after a successful auction purchase.
For sellers, the Contract for Sale needs to be prepared before advertising begins.
Getting advice early also gives the conveyancer time to identify circumstances such as an existing tenancy, strata title, off-the-plan terms, unusual ownership structures or title interests before important transaction deadlines arise.
For a step-by-step overview, see the NSW property buying process.
How Much Does a Conveyancer Cost?
There is no single NSW-wide conveyancing fee, so the cost depends on the provider, property and scope of work.
A quote can include a professional fee together with separate searches, certificates, registry costs, electronic settlement charges and other disbursements.
Rather than comparing only the headline professional fee, check what work and external costs each quote actually includes.
See our detailed guide to how much a conveyancer costs in NSW for a breakdown of professional fees, searches, disbursements and other costs.
Looking for a NSW Conveyancer?
Coutts Lawyers & Conveyancers assists NSW buyers and sellers from contract preparation or review through to settlement.
Whether you’re:
- buying your first home;
- purchasing an investment property;
- selling a property;
- buying off-the-plan; or
- transferring property,
our Property & Conveyancing team can advise on the conveyancing requirements and manage the transaction through to settlement.
Frequently Asked Questions
What Does a Conveyancer Do When Buying a House?
A buyer’s conveyancer reviews the contract and property information, explains relevant terms, coordinates required conveyancing enquiries and manages the legal transaction through to settlement.
They can also deal with applicable Revenue NSW requirements and coordinate with the lender where finance is involved.
What Does a Conveyancer Do When Selling a House?
A seller’s conveyancer prepares the Contract for Sale and disclosure material, deals with the buyer’s representative and manages the legal work through to settlement.
Where the property is mortgaged, they can also coordinate the mortgage discharge process.
Does a Conveyancer Check the Contract?
Yes. Reviewing or preparing the Contract for Sale is a core part of conveyancing work.
For buyers, the conveyancer reviews the seller’s contract and advises on the conveyancing documents and transaction. For sellers, the conveyancer prepares the contract and required disclosure material.
Does a Conveyancer Deal With the Bank?
Yes. Where a mortgage is involved, the conveyancer usually coordinates with the lender as part of settlement.
The lender remains responsible for approving finance and preparing its lending documents.
Does a Conveyancer Organise Building and Pest Inspections?
A conveyancer can help organise or advise on obtaining appropriate inspections, but a specialist inspector carries out the building or pest inspection itself.
The results can then be considered alongside the contract, property information and timing of the purchase.
Does a Conveyancer Transfer the Property Into Your Name?
A conveyancer manages the electronic documentation and settlement process required to transfer ownership and register the transaction.
The relevant registry instruments are ultimately lodged electronically with NSW Land Registry Services through the electronic conveyancing system.
Do I Need a Conveyancer Before Making an Offer?
You do not generally need a conveyancer merely to make an offer, but you should have the Contract for Sale reviewed before signing or exchanging wherever possible.
If you intend to bid at auction, have the contract reviewed before bidding because there is no cooling-off period after a successful auction purchase.
ABOUT KAY VITOGIANNIS:
Kay joined the Coutts team in May 2021, working as a Licensed Conveyancer within our Property & Conveyancing team and based in our Narellan office.
Kay has more than 20 years of experience in the legal industry. She began her journey in CBD conveyancing firms as a secretary and attained her Advanced Diploma in Conveyancing in December 2010.
For further information, please don’t hesitate to contact:
Kay Vitogiannis
Licensed Conveyancer
info@couttslegal.com.au
1300 268 887
This blog is merely general and non-specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you.