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What they do
The conveyancing process — what your lawyer handles
The real issue
Many buyers treat conveyancing as pure administration — sign here, pay there, done. But your conveyancer can only protect you from risks they're instructed to look for. Reading the contract yourself, asking questions about special conditions, and engaging with the searches report are how you catch the things that could cost you far more than the conveyancer's fee.
| Stage | What happens |
|---|---|
| Pre-contract review | Solicitor reviews the vendor's contract and section 32 (VIC) / Form 1 (SA) / vendor disclosure statement (other states). Flags unusual special conditions, easements, encumbrances, or outstanding notices. |
| Pre-purchase searches | Searches are ordered against the property: title search, council rates, land tax, water, planning/zoning, heritage, building orders, contamination registers. Reveals any issues that don't appear on the surface. |
| Finance and cooling-off | Monitors the cooling-off period (if applicable) and finance approval deadline. If you need to exercise cooling-off, your solicitor handles formal notification. |
| Settlement preparation | Prepares transfer documents, confirms settlement figures with lender and vendor's solicitor, coordinates PEXA (electronic settlement) or physical settlement. |
| Settlement and registration | Funds are exchanged, title transfers to your name. For electronic settlements via PEXA, this happens automatically. Your solicitor confirms registration with Land Titles. |
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Contract review
What to check in the contract before you sign
| Contract element | What to look for |
|---|---|
| Special conditions | Any deviation from the standard contract form. "As is where is" clauses (waiving your right to claim defects), extended settlement periods, specific inclusions or exclusions. Ask your solicitor to explain every special condition in plain language. |
| Inclusions and exclusions | What's included in the sale: fixtures, appliances, window coverings, light fittings, garden structures. "Fixtures" stay; "chattels" go — but the line is often disputed. Specify in writing anything you expect to be there at settlement. |
| Settlement date | Is the proposed settlement date realistic for your finance approval timeline? Extension clauses — what happens if settlement can't proceed on the agreed date? |
| Deposit amount and terms | Typically 10% — when is it payable, where is it held? In most states, the deposit is held in the agent's trust account, not released to the vendor until settlement. |
| Cooling-off period | Varies by state: QLD 5 business days; NSW 5 business days; VIC 3 business days; SA 2 business days. Penalty for cooling off is typically 0.25% of the purchase price. Properties sold at auction have no cooling-off period. |
"As is where is" clauses can significantly limit your recourse if structural or pest issues are discovered after exchange. Always get a building and pest inspection before signing — or at minimum before the cooling-off period expires — even if the contract discourages it.
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Searches
What the searches reveal — and what they don't
| Search type | What it checks | What it can miss |
|---|---|---|
| Title search | Who owns the property, any mortgages or caveats registered against the title, easements (rights of way, drainage easements) | Unregistered interests — verbal agreements, informal arrangements not recorded on title |
| Council rates search | Outstanding rates, any notices or orders issued by council against the property | Orders issued after the search date. Ask for the search date and whether any recent council activity should be re-checked. |
| Planning / zoning certificate | Current zoning, any planning overlays (flood, bushfire, heritage), approved and pending developments | Development applications lodged but not yet determined — search the council's DA tracker separately. |
| Building orders | Any outstanding orders to repair, demolish, or comply issued by council or a building authority | Unapproved structures — a deck or extension built without permit won't appear as an order but is your problem post-settlement. Commission a building inspection. |
| Land tax | Outstanding land tax liability against the property | Land tax clearance certificates apply to the vendor's liability — your own land tax obligations begin at settlement. |
Searches confirm legal status — they don't assess physical condition. Building and pest inspections are entirely separate from conveyancing searches. Your solicitor is not responsible for physical defects in the property. Commission an independent building and pest inspection before exchanging contracts.
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Settlement
Settlement — what happens on the day and what to check
| Item | What to do |
|---|---|
| Final inspection | You're entitled to a pre-settlement inspection (typically 24–48 hours before settlement). Check: all inclusions are present, no damage has occurred since your building inspection, all appliances work. If something is wrong, notify your solicitor immediately — settlement can be delayed or a price adjustment negotiated. |
| Settlement figures | Your solicitor sends a settlement statement showing the final balance payable (purchase price minus deposit, adjustments for rates, water, body corporate). Review this before settlement day. |
| Electronic settlement (PEXA) | Most Australian property settlements now occur via PEXA (Property Exchange Australia). Funds are transferred and title registers automatically at an agreed time. You don't attend — your solicitor handles it electronically. |
| Keys and possession | Keys are typically released by the agent once settlement is confirmed. This is usually 1–3 hours after the scheduled settlement time. Your solicitor will call you when title has transferred. |
| After settlement | Your solicitor will confirm title registration. Keep copies of all documents — the title search, contract, searches report, and settlement statement. These are your permanent record of ownership. |