Buying property in Australia involves more than just finding the right home and making an offer. Conveyancing for buyers is the critical legal process that protects your interests and confirms you actually own what you are purchasing.
At Jameson Law, we’ve guided hundreds of purchasers through this journey. Understanding each stage—from initial title searches to settlement day—helps you avoid costly mistakes and move forward with absolute confidence.
What is Conveyancing and Why Buyers Need It
Conveyancing is the legal process that transfers property ownership from seller to buyer in Australia. It is not optional, nor is it something you should attempt without professional legal help. When you buy a property, conveyancing protects you by confirming the seller actually owns the land, identifying any restrictions, and ensuring all documents comply with state property laws.
The process starts the moment you intend to sign a contract and continues until the ownership transfer is registered with the NSW Land Registry Services (or your respective state authority). Without conveyancing, you could inherit someone else’s unpaid mortgage, discover easements that prevent renovations, or find yourself unable to sell in the future due to title defects.
Contract Review and Title Verification
Your conveyancer’s first job involves a comprehensive contract review. They check for hidden conditions, unusual terms, and clauses that might cost you money. Next comes the title search, which reveals whether the seller has clear ownership and what encumbrances exist. Your conveyancer also orders planning certificates and drainage diagrams to confirm the property complies with local council regulations and has proper access to utilities.
Coordination With Your Lender and Exchange
Your conveyancer coordinates with your lender’s legal team to confirm the bank is ready to provide funding. Then comes the critical step: the exchange of contracts. At exchange, you pay your deposit (usually 10% of the purchase price), both parties receive a signed copy, and the sale becomes legally binding. Settlement usually occurs within 30 to 60 days of exchange, though this varies by agreement.
Due Diligence and Property Inspections
Title Searches Reveal What You Are Buying
A title search is non-negotiable before you exchange contracts. This search shows exactly what you are buying: the registered owner, the property boundaries, and critically, any mortgages, caveats, or easements attached to the land. Easements are particularly important—a utility company might have the right to dig up your backyard for maintenance.
Building and Pest Inspections Uncover Hidden Defects
A qualified building inspector should spend at least two hours on a residential property, checking structural integrity, electrical compliance, and plumbing. Pest inspections specifically target termites, which cause millions in damage to Australian properties annually. These reports act as your technical due diligence. If an inspection uncovers rising damp or structural cracking, your conveyancer can help you renegotiate the price or include special conditions allowing you to withdraw.
Contract Review Protects Your Rights
Contract review goes far beyond checking the purchase price. Hidden conditions, such as finance clauses or settlement timeframes, directly affect your rights. Some contracts include clauses allowing the seller to remain in the property for weeks after property settlement. Your conveyancer identifies these traps and negotiates amendments that protect your investment.
Managing Finances and Settlement
Deposit and Payment Timeline
Your deposit locks in the purchase at exchange, but settlement requires additional funds that most buyers underestimate. The remaining balance of the purchase price becomes payable on settlement day.
Beyond the purchase price, settlement costs add up quickly. Stamp duty varies significantly by state and property value. In New South Wales, transfer duty (stamp duty) on a $600,000 property currently runs approximately $21,412. Your conveyancer’s professional fees typically range from $800 to $2,500 for a standard residential purchase. Title registration and electronic settlement fees will add another $500 to $1,000 to your final bill.
Mortgage Approval and Valuation
Your lender will require formal mortgage approval before settlement, not just a pre-approval letter. Formal approval comes only after the property valuation confirms the bank’s security. Request this at least two weeks before settlement to allow time for the valuation.
Final Inspection and Settlement Preparation
Conduct a final pre-settlement inspection 24 to 48 hours before the agreed settlement date to confirm the property remains in the condition you agreed to purchase. Settlement day itself involves your conveyancer confirming funds via the PEXA digital platform. Once the land titles office records the ownership transfer, you receive the keys to your new home.
Final Thoughts
Conveyancing for buyers protects your investment at every single stage. Title searches reveal hidden encumbrances, building inspections uncover costly defects, and thorough contract reviews prevent disputes that drain your finances.
Skipping professional conveyancing advice leaves you vulnerable to undisclosed mortgages or zoning restrictions that affect your property’s value. We at Jameson Law guide buyers through conveyancing with clear communication and fixed-fee pricing so you know exactly what you will pay. Our team handles the legal complexity while you focus on moving into your new home. Contact us for expert conveyancing support tailored to your purchase.
