What a conveyancer does
A licensed conveyancer is a specialist in the legal transfer of property ownership. Their role is to handle the documentation, searches, and legal processes involved in buying or selling property. In NSW, conveyancers are licensed under the Conveyancers Licensing Act 2003 and regulated by NSW Fair Trading.
When you are buying, your conveyancer reviews the contract of sale, advises you on the terms and any special conditions, conducts the necessary property searches (title search, zoning certificate, drainage diagram, land tax clearance), liaises with your lender, and manages the settlement process. When selling, they prepare the contract, ensure vendor disclosure obligations are met, and handle the settlement.
Conveyancer vs property solicitor: the key differences
Both conveyancers and solicitors can handle the transfer of residential property in NSW. The main differences are in scope and qualifications.
A licensed conveyancer specialises exclusively in property transactions. They cannot provide advice on other legal matters and cannot represent you in court. A property solicitor (or property lawyer) holds a law degree and is admitted to the Bar. They can handle the same conveyancing tasks but can also advise on related legal issues that may arise, such as trust structures, tax implications, contested estates, or disputes.
Which one is right for you?
For a straightforward residential purchase or sale, an experienced licensed conveyancer is typically sufficient and often less expensive than a solicitor. For complex situations involving trusts, SMSFs, deceased estates, or anything with a legal dispute component, a solicitor is the appropriate choice.
When you need a solicitor rather than a conveyancer
While a conveyancer handles the majority of residential transactions competently, there are circumstances where a solicitor is the better choice:
- Purchasing in a trust or SMSF structure
- Transactions involving a deceased estate or contested ownership
- Off-the-plan purchases with complex sunset clauses or developer terms
- Any situation involving a dispute between parties before or during settlement
- Commercial property of any kind
- Properties with unusual title issues, easements, or encumbrances requiring legal interpretation
Typical conveyancing costs in NSW
Conveyancing fees in NSW vary by firm and transaction complexity. As a general guide, buyers can expect to pay $800 to $1,800 for professional fees on a standard residential purchase. Vendors typically pay $600 to $1,200. These fees are for professional services only and do not include disbursements such as title searches, certificates, and registration fees.
Disbursements for a standard Sydney purchase typically add $300 to $600 to the total cost. Title registration fees charged by the NSW Land Registry also apply and are calculated based on the purchase price.
How to choose a conveyancer or solicitor in NSW
The most important factors are experience, communication, and availability. Property transactions move quickly and delays caused by a conveyancer who is difficult to reach can have significant consequences, including the loss of a cooling off period or missed settlement dates.
Ask about their experience with similar transactions, their turnaround time for contract reviews, and who will actually be handling your matter. Many firms use paralegals for routine tasks, which is fine for straightforward transactions but worth clarifying upfront.