Top 10 Most Asked Questions About Conveyancing in Australia

Top 10 Most Asked Questions About Conveyancing in Australia

When buying or selling a property, the conveyancing process can seem complex and overwhelming. At Eastern Conveyancing, we guide you through every step to ensure a smooth and stress-free experience. To help answer some common concerns, we’ve put together the top 10 most frequently asked questions about conveyancing in Australia.

1. What is conveyancing?

Conveyancing is the legal process of transferring property ownership from one party to another. It includes preparing and lodging legal documents, conducting property searches, and ensuring the transaction complies with all regulations.

2. Do I need a conveyancer or a solicitor?

Both conveyancers and solicitors can handle conveyancing. However, some states, like Queensland, require a solicitor. A conveyancer specializes in property transactions, while a solicitor can provide broader legal advice.

3. How long does conveyancing take?

On average, the process takes 4 to 6 weeks, depending on factors such as property type, location, and the complexity of the transaction.

4. What costs are involved in conveyancing?

Conveyancing fees typically include:
✅ Professional service fees
✅ Government charges (stamp duty, title registration)
✅ Property searches
✅ Additional costs like bank transfer fees

It’s important to request a breakdown of these costs upfront.

5. What is a cooling-off period?

A cooling-off period allows buyers to reconsider their purchase after signing the contract. The length varies by state:

  • NSW & QLD: 5 business days
  • VIC: 3 business days
  • SA: 2 business days

Certain transactions, like auctions, may not have a cooling-off period.

6. What property searches are conducted during conveyancing?

Essential property searches include:
🔍 Title searches
🔍 Council records
🔍 Land tax assessments
🔍 Encumbrances & zoning checks

These searches help uncover any restrictions or legal issues before settlement.

7. Can I pull out of the contract after signing?

Buyers can withdraw during the cooling-off period (with a penalty fee). After that, backing out may result in legal consequences or financial losses.

8. What happens on settlement day?

Settlement is the final step where the property ownership is officially transferred to the buyer. The buyer pays the remaining balance, and legal documents are exchanged. Once completed, the buyer receives the keys!

9. Are there grants or concessions for first-home buyers?

Yes! First-home buyers may be eligible for grants and stamp duty concessions depending on the state. It’s best to check your state’s specific first-home buyer assistance programs.

10. What’s the difference between ‘joint tenants’ and ‘tenants in common’?

  • Joint Tenants: Equal ownership. If one owner passes away, their share automatically transfers to the surviving owner(s).
  • Tenants in Common: Owners can have unequal shares and leave their portion of the property to someone else in their will.

Need Expert Conveyancing Advice?

Whether you’re buying, selling, or need guidance on the legalities of property transactions, Eastern Conveyancing is here to help. Contact us today for stress-free, professional conveyancing services!