KEY INTERSTATE CONVEYANCING TAKE-OUTS:
- Are you looking at purchasing property interstate?
- Did you know that Conveyancing transactions are different in each state?
- Did you know some States has different stamp duty concessions that apply to both first home buyers and non-first home buyers?
Article updated March 12, 2025
When purchasing and selling property interstate, it is important to know and understand how the process works in each state and territory. It is also important to know the key conditions and benefits that apply to either buyers or sellers in each state. The process for conveyancing, along with the key points, differs between all states and territories. Understanding these differences can assist when completing a conveyancing transaction.
Conveyancing in Queensland
In NSW, when purchasing a property, the buyer is required to finalise finance and obtain any property inspection reports either prior to an unconditional exchange or within the cooling-off period, where applicable. The same requirements apply in QLD, but the conditions surrounding each requirement are different. Contracts in QLD can be, if required, conditional upon a buyer obtaining finance and/or obtaining any property inspection reports. These conditions are additional to a cooling-off period, which is five business days, and normally vary between 7 to 21 days depending on what both parties agree upon.
Conveyancing in Victoria
When selling in NSW, contracts need to include a list of prescribed and mandatory certificates—without these, contracts are not valid and cannot be exchanged. The concept is very similar in VIC; however, the documents are provided by way of a statement known as a Vendor Statement. This is legally required and is mandatory for every contract of sale prepared.
The deposit is not automatically released after an unconditional exchange of contracts. In Victoria, the seller must issue the buyer with a Section 27 Notice for early release of the deposit. The buyer must sign this notice, and it includes details of the seller’s mortgage payout figure to demonstrate they can settle the transaction without risk to the purchaser. If this condition is not met, the deposit cannot be released early.
Conveyancing in South Australia
Conveyancing in South Australia is very similar to QLD and VIC. Contracts in SA can be conditional upon finance and property inspection reports if required. Just like VIC and NSW, the contract has a legal requirement to include specific documents and warranties. In SA, this requirement is met through Form 1, which is prepared and provided by the seller to the buyer. Without Form 1, contracts cannot be exchanged unconditionally.
Form 1 includes key documents such as water rates, council rates, strata fees where applicable, and emergency service levies.
Upon Form 1 being provided, a buyer is entitled to a two-business day cooling-off period.
Conveyancing in the Australian Capital Territory
In NSW and other states mentioned above, when entering a contract, a buyer is entering a contract to purchase the land and any dwellings constructed on it. However, in the ACT, this is not the case.
Instead, when you enter a contract in the ACT, you are not purchasing the land but rather entering into a 99-year lease with the Crown. At the end of a conveyancing transaction in the ACT, the buyer will enter a lease registered on title, while the title itself remains registered to the Crown.
Conveyancing in Tasmania
Similar to most states, in TAS, when a person is selling, the agent prepares the contract to market the property. In contrast, in NSW, a solicitor or conveyancer prepares the contract before sending it to an agent.
Unlike other states, purchase contracts in TAS are not automatically conditional upon a buyer obtaining satisfactory finance or building inspection reports unless these conditions are explicitly requested and negotiated between the parties.
Please note that we do not offer conveyancing services in Tasmania.
Conveyancing in Western Australia
In WA, an agent can assist a person in preparing a contract with the mandatory documents, allowing the agent to market the property.
On settlement of a property in WA, any outstanding council and water rates owed by the seller become payable by the buyer. The buyer must then settle these payments to complete registration of the property in their name.
WA does not have a cooling-off period for property transactions. However, finance, pest, and building conditions can still be negotiated as part of the contract.
Conveyancing in the Northern Territory
In NT, a contract of sale can be prepared by a conveyancer, solicitor, or agent. However, an agent cannot finalise and exchange a contract unless it has been approved and finalised by a solicitor or conveyancer.
The NT contract specifies that all fixtures and fittings, such as items that are screwed, bolted, joined, nailed, glued, or plumbed into the property, are included in the sale unless specifically excluded in writing. If any fixtures are not included, they must be explicitly noted in the contract.
All private treaty sale contracts in NT include a four-business day cooling-off period.
Please note that we do not offer conveyancing services in the Northern Territory.
Final Considerations for Interstate Conveyancing
Every state and territory in Australia has both consistencies and differences in how they handle residential conveyancing processes. As a buyer or seller, these variables can have a major impact on your rights and financial obligations. Therefore, it is crucial to understand the specific legal requirements, cooling-off periods, and deposit release conditions when purchasing property or selling property interstate.
Coutts provides expert interstate conveyancing services, guiding buyers and sellers through the legal requirements of property transactions across multiple states. Our team ensures a seamless process, no matter where you’re buying or selling.
For further information please don’t hesitate to contact:
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.
