Short answer
When you borrow to buy, your lender may appoint its own solicitor to prepare the loan documents and attend to its side of settlement.
That solicitor acts for the lender, not for you. Your own solicitor acts for you in the purchase.
Some lenders charge the borrower for their solicitor's costs.
Current as at 2 November 2026What the lender's solicitor does
- Prepares the mortgage and loan security documents.
- Manages the release of the loan funds.
- Attends to the lender's part of settlement and pays out the loan funds.
What your own solicitor does
- Reviews the contract before you sign, and tells you what to change.
- Checks the title, searches and certificates.
- Works out stamp duty and any relief or grant you qualify for.
- Deals with the seller's side, and prepares the transfer.
- Completes the settlement figures and runs the electronic settlement.
Do I pay for the lender's solicitor?
It depends on the lender. Some lenders list a fee for their solicitors' work on the mortgage documents among the costs the borrower pays.
Check your loan offer or ask your lender before you sign it.
Your settlement figures start here
Enter the price to see the stamp duty and the fees to register the transfer and your mortgage.
Can one solicitor act for both?
The lender decides who acts for it. Your solicitor acts for you. Where a lender allows the buyer's solicitor to act for it as well, the duties to each must not conflict.
Signing the mortgage
The lender, or its solicitor, sends you the loan documents to sign. Read them, and send them to us before you sign. We go through them with you.
Your identity must be verified for the mortgage as well as the transfer.
Where buyers get caught
Thinking the lender's solicitor acts for you
They act for the lender only.
Late loan documents
Signing late can delay settlement.
Surprise lender fees
Check the loan offer for the lender's legal fees.
Loan approval conditions
Conditions not met can stop funds being released on time.
Common questions
Does the lender's solicitor act for me?
No. They act for the lender. Your own solicitor acts for you in the purchase.
Do I have to pay the lender's legal fees?
It depends on the lender. Some list a fee for their solicitors' work on the mortgage among the borrower's costs. Check your loan offer.
Do I need my own solicitor if the bank has one?
Yes. The bank's solicitor deals with the loan. Your solicitor reviews the contract, checks the property and runs the purchase.
Buying with a loan? Send us the contract before you sign. We act for you in the purchase.
Fred Kalouche, Principal Solicitor, Fred Kalouche & Associates
A solicitor for over 16 years. Acts for buyers across NSW. 6 Russell Street, Granville NSW 2142.
This article is general information only. It is not legal advice for your situation.