Buying or selling a home is one of the most significant financial steps most people take in their lifetime. Behind every successful property transaction is a legal process called conveyancing – the mechanism that ensures ownership is transferred correctly, securely and with full legal protection for both buyer and seller.
Whether you are purchasing your first home, selling an investment property, or updating a title, understanding how conveyancing works can help you move through the process with greater confidence.
What Is Conveyancing?
Conveyancing refers to the legal transfer of a property’s title from one party to another. In simple terms, it is the formal process that allows a seller to hand over ownership of land or a home, and a buyer to take possession knowing exactly what they are acquiring.
The conveyancing process typically unfolds across three broad stages:
- Before the contract is signed – reviewing disclosures, preparing documents and conducting preliminary checks.
- Before settlement – completing searches, meeting contract obligations and finalising financial arrangements.
- After settlement – lodging documents, transferring the title, and completing any outstanding registrations.
Good conveyancing ensures a buyer knows the true condition and legal status of the property and gives the seller certainty that ownership transfers correctly and the purchase price is received.
What Does a Conveyancer or Conveyancing Solicitor Do?
A conveyancer is a licensed professional trained to manage the legal requirements of property transactions. Some conveyancers are also solicitors (lawyers) who specialise in property law and can offer broader legal support if the transaction becomes complex.
Because property contracts contain strict deadlines and legal obligations, a missed date or incorrectly completed document can cost a buyer their deposit or cause a sale to fall through. A conveyancing professional ensures every step is handled correctly and on time.
When Acting for a Buyer
A conveyancer or conveyancing solicitor will usually:
- Conduct searches on the property and its title (easements, restrictions, zoning, heritage issues, body corporate information, etc.)
- Prepare, review and lodge required legal documents such as the transfer of land
- Hold the deposit in trust where required
- Calculate adjustments for rates and taxes
- Liaise with banks or lenders regarding final payments
- Attend settlement on your behalf and confirm completion
- Track all contractual deadlines
- Communicate with the seller or their agent to protect your interests
When Acting for a Seller
For sellers, a conveyancer will generally:
- Prepare and organise execution of legal documents, including the Contract of Sale
- Answer enquiries from the buyer or their representative
- Request extensions or handle date changes if needed
- Coordinate settlement arrangements with your bank (if applicable)
- Confirm settlement and formal handover of ownership
Other Situations Requiring Conveyancing Services
It is also recommended to engage a conveyancer or solicitor when:
- Subdividing or consolidating land
- Updating a title following a death
- Registering, changing or removing easements
When Should You Hire a Conveyancer or Solicitor?
Engage a conveyancer or solicitor whenever you are:
- Buying or selling a property
- Subdividing land
- Updating a title (e.g., after a death)
- Registering, changing or removing easements
Given the legal risk involved, DIY conveyancing is generally not recommended unless you have significant property law experience. Professionals also hold indemnity insurance, which may protect you if something goes wrong during settlement.
Risks of Not Using a Conveyancer
While it is technically possible to manage your own conveyance, doing so carries significant legal and financial risks. Property transactions involve strict timeframes, detailed paperwork and complex contractual requirements. Without professional guidance, buyers and sellers may unknowingly expose themselves to costly consequences.
Some of the most common risks include:
- Missing key deadlines, such as finance approval, the cooling-off period or the settlement date
- Paying incorrect amounts at settlement, either overpaying or failing to pay required adjustments
- Failing to identify restrictions or encumbrances on the title, such as easements, covenants, zoning overlays or outstanding notices
- Misinterpreting or overlooking special conditions included in the contract
- Breaching the contract unintentionally, which can result in termination, loss of deposit or legal action
- Triggering penalty interest or additional fees due to delays from banks, paperwork errors or missed obligations
These risks highlight why conveyancing is far more complex than simply signing paperwork. A qualified conveyancer or solicitor protects your legal rights at every stage, ensuring the transaction proceeds smoothly and without unnecessary stress.
Final Thoughts
Conveyancing is a critical component of every property transaction. While the process may appear straightforward from the outside, there is far more involved behind the scenes—legal checks, financial calculations, contract management, negotiations, and strict regulatory requirements.
If you are buying, selling, subdividing or dealing with title changes, engaging a skilled conveyancer or solicitor ensures that your interests are protected and the transfer proceeds without avoidable complications.
If you are looking for a conveyancer, or simply want clear and reliable guidance throughout your property transaction, contact Warlows Legal today. Our experienced team is here to help you navigate the process with confidence and ease.
