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Whether you’re buying your first home or selling a long-time family property, one thing is certain—you’ll need conveyancing. But did you know that the conveyancing process looks different depending on which side of the transaction you’re on?
If you’re a homebuyer or seller trying to wrap your head around contracts, legal forms, and timelines—this guide is for you. Let’s break it all down in plain English.
What Is Conveyancing?
Conveyancing is the legal process of transferring property ownership from one party to another. It kicks off once an offer is accepted and continues until the new owner is officially registered and the funds have been settled.
Conveyancing ensures everything is done by the book—no unpaid debts, no hidden contract surprises, and no disputes after the sale.
Both buyers and sellers need conveyancing services, but their roles and responsibilities in the process are quite different.
Why Conveyancing Matters in Home Buying and Selling
Whether you’re selling or buying, conveyancing ensures:
- The title of the property is clear and valid
- Legal rights and responsibilities are properly transferred
- Financial obligations are settled accurately
- The deal complies with all local property laws
In simple terms, conveyancing protects both parties from future legal and financial problems.
Key Stages of the Conveyancing Process
The general conveyancing process has a few core stages, but let’s break them down separately for buyers and sellers.
🏡 For Buyers:
- Pre-contract review: Your conveyancer checks the contract, explains key terms, and adds clauses (like subject to finance).
- Property searches: They look into zoning restrictions, council rates, and title status.
- Exchange of contracts: You pay a deposit (usually 10%) and legally commit to the purchase.
- Pre-settlement: The conveyancer finalizes your loan, prepares legal paperwork, and calculates your share of rates and taxes.
- Settlement day: The property is officially transferred to you, and you receive the keys.
🏠 For Sellers:
- Preparing the contract: Your conveyancer drafts a compliant contract of sale and attaches a vendor disclosure (Section 32 or equivalent).
- Handling offers: They help you respond to offers and manage negotiations.
- Exchange of contracts: They coordinate signing and ensure the buyer’s deposit is received.
- Title clearance: They resolve any debts or encumbrances on the property.
- Settlement day: They collect the remaining payment and legally release the title.
So while both parties go through a property transfer, their legal duties and document obligations differ.
What Documents Are Involved in Conveyancing?
Here’s a quick breakdown of what each party typically handles:
See more: Essential Qualities to Look for in the Best Family Lawyers
📄 Buyers Deal With:
- Contract of Sale (reviewed, not drafted)
- Mortgage documents (if financing is involved)
- Transfer of Land form
- Identity verification
- Stamp duty paperwork
📑 Sellers Handle:
- Contract of Sale (prepared by their conveyancer)
- Vendor Disclosure Statement (e.g., Section 32 in VIC)
- Title clearance documents
- Discharge of mortgage (if applicable)
Each document plays a role in verifying ownership, securing finance, and making sure the transfer is legally binding.
How Long Does Conveyancing Take?
The average conveyancing timeline is 4 to 8 weeks, whether you’re buying or selling.
That said, sellers can usually prepare their part earlier, while buyers may face delays due to:
- Lender approvals
- Missing documents
- Unexpected title issues
Sellers can help the process by having all documents ready at the time of listing.
Common Mistakes to Avoid During Conveyancing
Here are some errors specific to each party:
❌ Buyer Mistakes:
- Skipping building or pest inspections
- Not reading the fine print in the contract
- Not budgeting for stamp duty and closing costs
- Delaying loan approvals or document submission
❌ Seller Mistakes:
- Listing the property before legal paperwork is ready
- Providing incomplete or inaccurate vendor disclosures
- Failing to discharge the mortgage in time for settlement
- Not clarifying what items are included in the sale (e.g., appliances, fixtures)
A good conveyancer can prevent these mistakes—but you also need to stay informed and involved.
Choosing the Right Conveyancer
Whether you’re a buyer or seller, choosing the right conveyancer makes all the difference.
✅ What to Look For:
- Licensed and experienced in your state or territory
- Clear fee structure with no hidden costs
- Timely communication and updates
- Specialisation in residential property transfers
- Positive reviews or personal referrals
Ask specific questions like:
- “Do you handle both buyers and sellers?”
- “How do you communicate throughout the process?”
- “What’s included in your service fee?”
Final Tips for First-Time Homebuyers and Sellers
Here are a few extra pointers to help you navigate the conveyancing process with confidence:
👩💼 For Buyers:
- Get pre-approved before signing anything
- Ask your conveyancer to explain every document
- Budget for all upfront and post-settlement costs
👨💼 For Sellers:
- Organize legal documents before listing
- Be transparent about the property’s condition
- Schedule early discharge of mortgage to avoid settlement delays
Conclusion: Different Roles, Same Goal
Whether you’re buying or selling, conveyancing ensures a safe, smooth, and legal property transfer. While the responsibilities differ for each party, both rely on accurate paperwork, timely communication, and experienced professionals.
🎯 Still unsure whether you need a buyer’s or seller’s conveyancer?
Drop your questions in the comments or speak with a local expert today.
Your property journey deserves clarity—and that starts with understanding the legal steps.
