Commonly Asked Questions About Conveyancing In Sydney

 

1. What is conveyancing?

Conveyancing is the legal process of transferring property ownership from one person to another. It includes preparing legal documents, conducting property searches, and ensuring all conditions of the sale are met.

2. Why do I need a conveyancer or solicitor?

A conveyancer or solicitor ensures the legal requirements of the property transaction are fulfilled, protects your interests, and manages the complex paperwork, searches, and communications between parties.

3. What does a conveyancer do?

Key tasks include:

  • Reviewing the contract of sale.
  • Conducting property searches (e.g., title, zoning, and planning).
  • Managing the exchange of contracts.
  • Liaising with mortgage lenders.
  • Arranging settlement and transferring ownership.

4. How long does conveyancing take?

On average, conveyancing takes 8 to 12 weeks, but this can vary depending on the complexity of the transaction, delays in searches, or issues in the property chain.

5. What are property searches, and why are they important?

Property searches are checks conducted to uncover any issues affecting the property, such as:

  • Title disputes
  • Local authority plans
  • Environmental risks (e.g., flooding or contamination)

These searches help avoid surprises after the purchase.

6. What costs are involved in conveyancing?

Costs typically include:

  • Legal fees for the conveyancer/solicitor
  • Stamp duty or land tax (if applicable)
  • Search fees
  • Land registration fees
  • Bank transfer fees

7. Do I need conveyancing for a cash purchase?

Yes, even for cash purchases, a conveyancer ensures the transaction is legally sound and performs necessary checks like property searches.

8. What happens on the day of completion?

On completion day:

  • Funds are transferred to the seller.
  • Legal ownership is registered in your name.
  • You receive the keys to the property.

9. Can I do conveyancing myself?

While it's possible to handle your own conveyancing, it is not recommended due to the legal complexities and risks involved, such as missed searches or errors in the paperwork.

10. What is exchange of contracts?

The exchange of contracts is the point where the buyer and seller sign binding agreements. After this stage, both parties are legally committed to the transaction, and penalties apply for withdrawal.

11. What are common delays in conveyancing?

Delays can occur due to:

  • Incomplete or slow property searches.
  • Issues in the property chain (e.g., dependent sales).
  • Mortgage approvals taking longer than expected.
  • Title disputes or missing documents.

12. When do I pay the deposit?

The deposit (usually 10% of the purchase price) is paid upon exchange of contracts.

13. What happens if the deal falls through?

If the deal falls through before the exchange of contracts, you are not legally bound to proceed. However, you may still incur costs for searches and legal fees.

How Long Does Conveyancing Take in Australia?

Buying or selling property is a significant milestone, but navigating the process can feel overwhelming—especially regarding conveyancing. Understanding how long conveyancing takes in Australia can help you plan more effectively and reduce stress.

What is Conveyancing?

Conveyancing is the legal process of transferring property ownership from one party to another. It involves various steps, including preparing contracts, conducting property searches, ensuring compliance with regulations, and finalising settlement.

The Average Timeline for Conveyancing

In Australia, conveyancing typically takes 4 to 8 weeks from the contract's signing date. However, the timeline can vary depending on factors such as the transaction's complexity, the parties' efficiency, and whether issues arise during the process.

Here's a breakdown of the key stages and approximate timeframes:

1. Pre-Contract Stage (1–2 Weeks)

  • If you're buying, this stage involves reviewing the contract of sale and organising pre-purchase inspections (e.g., building, pest, and strata inspections).
  • Sellers prepare the contract, ensuring it complies with state-specific laws and includes necessary documentation, such as zoning certificates and title deeds.

2. Signing the Contract (Immediate to a Few Days)

The contract is signed once both parties agree to the terms, and the buyer typically pays a deposit.

3. Cooling-Off Period (5–10 Business Days)

Most Australian states allow buyers a cooling-off period, allowing them to withdraw from the contract with minimal financial penalty. This does not apply to auctions.

4. Conveyancing Process (2–6 Weeks)

During this phase, the conveyancer or solicitor:

  • Conducts property searches (e.g., title, council rates, and land tax).
  • Arranges for financing, if necessary.
  • Handles legal paperwork and liaises with the other party's representative.

This stage can be prolonged if issues arise, such as zoning discrepancies or encumbrances on the title.

5. Settlement (1–3 Days)

The final stage involves transferring funds and handing over the property's title and keys. The contract agrees upon the settlement date, usually within 4–6 weeks after signing.

Factors That Can Delay the Conveyancing Process

Several factors can extend the timeframe, including:

  • Incomplete Documents: Missing information or inaccuracies in the contract of sale.
  • Financial Delays: Delays in loan approval or fund transfer.
  • Property Searches: Some local councils or regulatory bodies may take longer than expected to provide necessary certificates.
  • Disputes: Disagreements between buyers and sellers, such as repairs or inclusions/exclusions.

Tips for Speeding Up the Conveyancing Process

  • Choose a Reputable Conveyancer or Solicitor: Experienced professionals can identify and resolve issues promptly.
  • Organise Finances Early: Ensure your loan is pre-approved before making an offer.
  • Communicate Effectively: Regularly contact your conveyancer and promptly provide the required documents.
  • Be Prepared: If you're selling, have all necessary documentation ready to include in the contract.

Conclusion

While the average conveyancing process takes around 4 to 8 weeks in Australia, being proactive and choosing the right professionals can help you navigate the process more efficiently. Understanding the steps and potential delays ensures you're prepared, making the transition to your new property as smooth as possible.

Consulting a licensed conveyancer or solicitor is crucial to avoid unexpected hurdles if you're considering buying or selling a property.

Ready to start your conveyancing journey? Contact us today for an obligation-free consultation.

Contact Info

Address:
14 Great Buckingham Street,
REDFERN NSW 2016
Postal Address:
PO Box 37,
Strawberry Hills NSW 2012

02 9346 2033

Daily: 8:00 am - 8:00 pm