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Why do I need conveyancing?

November 5, 2024

That's a great question, particularly with the holiday season fast approaching. Conveyancing refers to the legal process involved in buying and selling property. 

It is also important to keep the Christmas/New Year deadline in mind, as many professionals—including conveyancers, banks, and local councils—often operate with fewer staff or reduced working hours. This can delay getting the crucial documents or securing approvals or property inspections.

Therefore, buyers considering a property settlement over the Christmas and New Year break might consider a condition that extends the cooling-off period— and this is an issue you can work through with a conveyancer.

If you feel brave enough, you can have a go at doing your conveyancing yourself. However, a conveyancer or a lawyer can cut through the red tape and take the stress out of the settlement process, which could prove a blessing if you’re considering a holiday season transaction. They will also be better positioned to understand the legal speedbumps to be cautious of when purchasing property, such as easements, caveats, or covenants. Also, conveyancing will check for any outstanding land taxes, help find unresolved property disputes or illegal building work and ensure the property title is changed to align with your state’s land title laws. 

Solicitors can also act as conveyancers, while in Western Australia, conveyancers are known as “settlement agents”. To add complexity, conveyancers are not permitted to operate in Queensland or the Australian Capital Territory[i]. In these jurisdictions, you need to use a solicitor. 

Additionally, a conveyancer is covered by “professional indemnity insurance”. This means you will be protected from financial losses if your conveyancing service fails to address an issue that could affect the property’s value. If you choose a do-it-yourself approach to conveyancing, you don’t have this level of financial protection, and litigation you embark on may cost you thousands of extra dollars if an issue arises.

That said, the cost of choosing a solicitor or conveyancer can vary due to several factors, including the state or territory where you live. As a rough guide in Queensland, expect to pay anywhere from $1,000 to $4,000 for conveyancing[ii]. A typical conveyancing fee in Victoria ranges between $800 to $2,200[iii]. Moreover, a single disbursement fee covers the research and handling of the relevant legal requirements, usually around $400. 

In NSW, conveyancing typically costs $1,500 to $2,500 for buyers. For sellers, the cost is generally between $2,000 and $3,000. These prices usually include the cost of disbursements and searches[iv].

No matter where you live, shopping around for a suitable conveyancing service is generally worth the time and effort. Perhaps ask friends and relatives for a referral. 


 
[i] https://www.arnecc.gov.au/resources/links/conveyancing_associations/
[ii] https://sunstateconveyancing.com.au/fees-conveyacing/#:~:text=As%20we’ve%20discussed%2C%20conveyancing,a%20residential%20property%20in%20Queensland.
[iii] https://www.brconveyancing.com.au/conveyancing-fees/#:~:text=Conveyancing%20fees%20depend%20on%20a,which%20is%20usually%20around%20%24400.
[iv] https://rslawgroup.au/blog/how-much-does-conveyancing-cost/#:~:text=This%20guide%20will%20discuss%20the,cost%20of%20disbursements%20and%20searches.