What Sellers Need to Know About Conveyancing
Selling a property can be both exciting and emotional. Whether you’re moving to a bigger home, downsizing, or cashing in on an investment, there’s more to the sale than listing it online and accepting an offer. Behind every smooth transaction is a process called conveyancing—and it’s just as important for sellers as it is for buyers.
If you’re a first-time seller or it’s been a while since your last sale, understanding what conveyancing is and how it works can help you avoid stress, delays, and legal problems. This article will guide you through the key things sellers need to know about conveyancing, especially in the context of Australian property transactions.
What Is Conveyancing?
Conveyancing is the legal process of transferring ownership of property from the seller to the buyer. It ensures that all legal requirements are met, documents are correctly prepared, and the transaction is finalised without complications.
In simple terms, conveyancing handles everything from preparing the contract of sale to making sure the buyer gets legal ownership—and you get paid on time.
Why Sellers Need Conveyancing Too
Many sellers assume that conveyancing is mainly for buyers. While buyers do rely on conveyancers to check the title and uncover issues, sellers need legal guidance too. Here’s why:
- You must prepare a valid contract that complies with the law
- You need to provide disclosure documents about the property
- Legal deadlines and obligations must be met (e.g., settlement timelines)
- You want to ensure your interests are protected in negotiations
- You’ll need help with discharging your mortgage or other debts
In short, conveyancing helps sellers avoid legal risks, delays, and last-minute disputes.
Who Performs Conveyancing?
In Australia, conveyancing can be done by two types of professionals:
✅ Licensed Conveyancer
A conveyancer is a property law specialist licensed to carry out property transactions. They focus solely on conveyancing, making them efficient and cost-effective for most residential sales.
✅ Solicitor (Property Lawyer)
A solicitor is a fully qualified lawyer who can perform conveyancing along with other legal services. If your sale involves legal complications—such as a deceased estate, divorce, or legal dispute—a solicitor might be the better choice.
Tip: For a straightforward property sale, a licensed conveyancer is usually sufficient. But if you’re unsure, a quick consultation will help you decide which is best for your situation.
Key Stages of the Conveyancing Process for Sellers
Here’s what happens behind the scenes once you decide to sell your home:
📝 1. Preparing the Contract of Sale
Before your property can be listed or legally sold, you must have a contract of sale ready. This includes:
- The sale price and deposit amount
- Settlement date
- Inclusions and exclusions (e.g., fixtures, appliances)
- Special conditions (e.g., subject to finance or building inspections)
In some states like Victoria, a Section 32 Statement (Vendor Statement) must also be provided to the buyer. This outlines key property details such as zoning, rates, and easements.
Your conveyancer prepares this contract, ensuring it complies with local laws and includes everything the buyer is legally entitled to know.
See more: Understanding the Process of Making an Online Will in Australia
🔍 2. Disclosure and Legal Checks
It’s the seller’s legal duty to disclose any known issues or obligations attached to the property. These might include:
- Encumbrances (e.g., mortgages or easements)
- Unapproved structures
- Disputes with neighbours
- Outstanding council rates or water bills
Failing to disclose something important could lead to the buyer withdrawing from the contract or even suing for damages.
💬 3. Negotiations and Contract Amendments
Once a buyer is found, they may request changes to the contract or raise questions based on their building inspections or legal advice.
Your conveyancer will:
- Explain the buyer’s requests to you
- Help you decide how to respond
- Negotiate with the buyer’s representative
- Ensure any changes are legally documented
🧾 4. Mortgage Discharge and Financial Adjustments
If you still owe money on your mortgage, your conveyancer works with your lender to discharge the mortgage in time for settlement.
They’ll also calculate adjustments for rates, body corporate fees, or rent, so that each party only pays for their share.
📆 5. Settlement Day
On settlement day, your conveyancer will:
- Ensure all legal documents are signed
- Confirm the buyer has paid the full amount
- Authorise the transfer of title
- Confirm your mortgage is discharged
- Notify your real estate agent to release the keys
Once this is done, the property legally belongs to the buyer—and your funds are deposited into your nominated account.
Common Challenges Sellers Face—and How Conveyancers Help
Even simple sales can hit unexpected snags. A good conveyancer helps you navigate common challenges such as:
⏳ Delayed Settlement
Sometimes the buyer’s finance or bank process takes longer than expected. Your conveyancer can help you negotiate an extension or determine if penalties apply.
⚖️ Disputes Over Inclusions
Buyers may expect certain items (like a dishwasher or curtains) to be included. Your conveyancer ensures all inclusions are clearly written into the contract to avoid confusion.
🏠 Unapproved Building Works
If you added a pergola or converted the garage without council approval, the buyer might raise concerns. Your conveyancer will advise on how to handle it—whether it’s retrospective approval, contract conditions, or negotiation.
Risks of Not Using a Qualified Conveyancer
Trying to handle a property sale yourself or choosing a cut-rate, inexperienced conveyancer can lead to serious risks:
- Missed legal deadlines
- Invalid contracts
- Lawsuits due to non-disclosure
- Incorrect financial settlements
- Delays that cause the sale to fall through
Real-life example:
Peter tried to sell his townhouse in Sydney using an online DIY contract template. He accidentally left out key disclosures about strata fees. The buyer backed out after finding hidden costs, and Peter lost time and had to re-list the property—costing him several thousand dollars.
The lesson? A good conveyancer is a small investment that protects your much larger one.
Conveyancing in Australia: State-by-State Variations
Conveyancing rules differ across Australian states and territories:
- NSW: Requires a Contract for Sale before advertising; 5-day cooling-off period applies
- VIC: Section 32 (Vendor Statement) must be provided to buyers
- QLD: Standard contract includes building/pest inspections and finance conditions
- WA & SA: Use of settlement agents is common
- TAS, ACT, NT: Each has unique processes and required documents
That’s why hiring a local, experienced conveyancer is key—they understand the specific legal requirements in your region.
How to Choose the Right Conveyancer
When selecting a conveyancer or solicitor, ask:
- Are they licensed and experienced in my state?
- Do they specialise in seller-side transactions?
- Will I have a dedicated point of contact?
- Are all costs and disbursements clearly outlined?
- Can they explain things in simple, understandable terms?
You don’t need to know all the legal details—that’s their job. But you should feel supported and informed throughout the process.
Final Thoughts: Protect Your Sale with the Right Help
Selling a property is more than just accepting an offer. It’s a legal process that involves disclosures, negotiations, contracts, and deadlines. By working with a qualified conveyancer or solicitor, you protect yourself from unnecessary stress, risk, and financial loss.
They handle the legal side of things so you can focus on what matters next—whether it’s buying your dream home, planning your next move, or enjoying the next chapter.
🏡 Thinking of Selling Your Property? Start With the Right Advice
Before listing your home, consult a professional conveyancer or solicitor. They’ll make sure your paperwork is in order, your legal duties are met, and your sale goes through without a hitch.
Because selling your home should feel like a step forward—not a legal setback.
