Buying or selling a property is a major milestone, often filled with excitement—and a fair share of stress. While we tend to focus on finding the perfect home or negotiating the best sale price, there’s a crucial process happening behind the scenes that ensures everything is legal, accurate, and complete. It’s called conveyancing, and doing it right is essential to a smooth property transaction.
Unfortunately, many people make preventable mistakes during this phase. These errors can lead to delays, extra costs, or even legal troubles. In this guide, we’ll explain what conveyancing is, why it matters, and highlight the most common mistakes to avoid during the process—especially in the context of Australian property transactions.
What Is Conveyancing?
Conveyancing is the legal process of transferring ownership of a property from one party to another. Whether you’re the buyer or the seller, conveyancing ensures all documents are in order, all legal obligations are met, and the transaction complies with local laws.
The process includes:
- Reviewing and signing the contract of sale
- Performing title and property searches
- Managing financial adjustments and settlement
- Lodging legal documents with the appropriate land titles office
While it might sound straightforward, conveyancing involves many technical steps and potential pitfalls, especially for those unfamiliar with legal jargon or real estate law.
Who Performs Conveyancing?
In Australia, conveyancing is typically handled by either:
✅ Licensed Conveyancers
These professionals specialise in property law and are qualified to manage standard residential and commercial transactions. They’re often more affordable than solicitors and ideal for straightforward property deals.
✅ Solicitors
Solicitors are fully licensed lawyers. They can handle more complex cases, such as properties held in trust, deceased estates, or disputes between parties.
No matter whom you choose, the key is ensuring they’re experienced, reliable, and familiar with your state’s property laws.
The Key Stages of the Conveyancing Process
Understanding the process helps you recognise where things might go wrong. Here’s a quick overview of the main steps:
- Pre-Contract Preparation – Reviewing property details, understanding disclosure statements
- Contract Review & Negotiation – Examining terms and special conditions
- Property Searches & Due Diligence – Checking title, zoning, easements, and more
- Signing & Exchange – Contract becomes legally binding
- Pre-Settlement Checks – Financial adjustments, loan approvals, documentation
- Settlement – Transfer of ownership, payment of funds
- Post-Settlement Lodgements – Title registration and legal filings
Skipping or rushing any of these steps can lead to serious consequences.
Common Conveyancing Mistakes to Avoid
Let’s dive into the mistakes that buyers and sellers often make during the conveyancing process—and how to avoid them.
❌ 1. Not Hiring a Qualified Conveyancer or Solicitor
Trying to handle conveyancing yourself to save money might seem tempting, but property law is far too complex to DIY.
Real-life example:
James bought a unit in Brisbane and attempted to complete the conveyancing without professional help. He missed a critical encumbrance on the title, which limited renovations on the property. The fix? A costly legal battle and thousands in repairs.
Tip: Always work with a licensed conveyancer or solicitor—especially someone with local experience in your state or territory.
❌ 2. Delaying the Contract Review
Some buyers are so eager to secure a property that they sign the contract without fully understanding the terms. This can backfire if there are unfavorable clauses or missing conditions (like finance or building inspection clauses).
Tip: Don’t rush. Ask your conveyancer to review the contract thoroughly before you sign anything. This can protect you from hidden conditions or unexpected penalties.
See more: How to Choose the Best Online Wills Service in Australia
❌ 3. Skipping or Underestimating Property Searches
Property searches uncover vital information about your prospective property—things like zoning restrictions, flood risks, unpaid council rates, or shared access paths.
Skipping these searches or choosing the cheapest option can leave you vulnerable.
Real-life example:
An Adelaide buyer ignored a planning search to save money, only to discover after settlement that a major road expansion was approved next to the property. Property value dropped overnight.
Tip: Let your conveyancer guide you on the essential searches for your location and property type.
❌ 4. Failing to Understand Special Conditions
Contracts of sale often include special conditions tailored to the property or buyer/seller needs. These might include deadlines for finance, repairs, pest treatments, or tenant agreements.
If you’re unaware of or misunderstand these conditions, you could miss important deadlines or breach the contract.
Tip: Ask your conveyancer to explain any special conditions in plain English before you agree to them.
❌ 5. Poor Communication with Your Conveyancer
Communication is key. Some buyers or sellers assume that once they’ve hired a professional, they can step back entirely. But timely updates and information are essential to keeping everything on track.
Tip: Stay in regular contact with your conveyancer, return signed documents promptly, and always inform them of any delays with banks, agents, or inspections.
❌ 6. Leaving Finance or Pre-Approval Too Late
Securing finance is one of the most common bottlenecks in property transactions. Delays in home loan approval can derail settlement dates and trigger penalties.
Tip: Get pre-approved for finance before you sign a contract, and ensure your bank is looped into the timeline from day one.
❌ 7. Ignoring Settlement Day Details
Settlement involves multiple parties—banks, lawyers, conveyancers, and agents. A small misstep, like incorrect bank details or a missing document, can delay settlement and result in penalty fees.
Tip: Let your conveyancer coordinate directly with your lender and confirm all figures and instructions well before the settlement date.
Conveyancing in Australia: State-by-State Differences
Each Australian state and territory has slightly different rules when it comes to contracts, cooling-off periods, and disclosure requirements:
- NSW: Cooling-off period is 5 business days (can be waived with a 66W certificate)
- VIC: Requires a Section 32 (Vendor Statement) before contracts are signed
- QLD: Standard contracts include conditions for finance and building inspections
- WA: Settlement is often handled by settlement agents instead of solicitors
- SA: Buyers receive a Form 1 Disclosure Statement
- TAS, ACT, NT: Have specific timeframes and local procedures
Tip: Choose a conveyancer who understands your state’s specific legal environment.
How Conveyancers Help Prevent or Fix Mistakes
Your conveyancer isn’t just there to tick boxes. They’re your:
- Contract interpreter – translating legal jargon into plain English
- Risk manager – spotting potential problems before they arise
- Negotiator – handling requests, amendments, and delays
- Liaison – coordinating between banks, agents, and other parties
- Legal protector – ensuring the transaction is lawful and fair
Final Thoughts: A Small Investment That Saves Big
When it comes to buying or selling property, skipping steps or cutting corners during conveyancing can lead to enormous stress, financial loss, and legal headaches. But with the right guidance, you can avoid these common mistakes and ensure a smooth journey from contract to settlement.
📌 Take the Safe Route: Hire a Professional
If you’re planning a property deal, don’t risk doing it alone. Consult a qualified conveyancer or solicitor early in the process. They’ll help protect your rights, save you time and money, and offer peace of mind every step of the way.
Because buying a property shouldn’t just feel exciting—it should feel secure.