Conveyancer or solicitor in NSW: which do you need to buy a home?

What conveyancing is

Conveyancing is the legal work to transfer a property from the seller to the buyer.

For a buyer, it includes checking the contract, ordering searches, dealing with the seller's side, arranging stamp duty and preparing for settlement.

Who can do conveyancing in NSW

1. A licensed conveyancer. Conveyancers in NSW must be licensed with NSW Fair Trading.
2. A solicitor who holds a current practising certificate.
3. You, acting for yourself.

Most people engage a licensed conveyancer or a solicitor.

Is it better to use a solicitor or a conveyancer?

For the conveyancing itself, both are equally qualified. The better choice depends on what else your purchase involves.

A solicitor may suit you better when your purchase has a legal issue around it, such as:

1. Buying with a partner, family member or friend, and deciding how you will own the property.
2. Parents lending or giving money for the deposit.
3. A family law matter, a separation, or an estate.
4. Buying through a company or a trust.
5. A dispute with the seller, a builder or a neighbour.
6. Updating your will once you own a home.

A solicitor can advise on these, and act for you in court if a dispute arises.

Do you need both a conveyancer and a solicitor?

No. You engage one or the other for the conveyancing.

If you use a conveyancer and a separate legal question arises, you may then need a solicitor for that question.

When a solicitor does your conveyancing, the same firm can deal with both.

Can you do your own conveyancing?

Yes, the law allows it. Kits are available, but they generally give guidance only.

If something goes wrong, you are personally responsible, even if you followed the instructions.

Most buyers engage a professional because the contract binds them to pay a large sum by a fixed date.

What to ask before you choose

1. Are you a solicitor, or a licensed conveyancer? You can check a conveyancer's licence with NSW Fair Trading, and find a solicitor through the Law Society of NSW.
2. Who will do the work on my matter, and how do I reach them?
3. Will you review the contract before I sign it?
4. Can you check whether I qualify for stamp duty relief or a grant?
5. What will it cost? Ask for a written, itemised estimate of the costs and the searches.
6. Do you settle electronically?

What is the average conveyancing fee in NSW?

Fees vary with the property, the work and the searches needed.

Solicitors and conveyancers must tell you about their costs, generally before or when you engage them. Ask for a written estimate that lists the legal fee and each search and government fee.

Compare what is included, not just the total. A low price that leaves out the contract review is not the same service.

How we act for buyers

1. Send us the contract before you sign.
2. A solicitor reviews it and tells you what to change.
3. We check your stamp duty and any relief or grant.
4. We manage the purchase through to electronic settlement.

Remote legal services are available. We are open 9am to 7pm, seven days.

Common questions