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Resources · For buyers

Conveyancing in Australia. What Happens Between Contract and Settlement

23 February 2026 · Adam Gee

The contract is signed. Settlement is six weeks away. In between sits the period that decides whether the purchase completes cleanly or stalls. That period is conveyancing.

Conveyancing covers every step required to transfer legal ownership of a property from seller to buyer. It runs from the moment contracts are exchanged or signed through to settlement day, when the title moves and the keys change hands. This guide walks through what happens, who does what and where the state differences matter.

What Conveyancing Actually Is

Conveyancing is the legal process of transferring real property between parties. It covers the paperwork, the searches, the funds flow and the title transfer. In Australia, conveyancing is regulated state by state and can be performed by either a licensed conveyancer or a solicitor.

A conveyancer is a specialist who holds a state licence to handle property transfers. A solicitor is a qualified lawyer who can perform conveyancing as part of broader legal practice. Both can complete a standard residential transfer. A solicitor adds value when the matter has legal complexity, such as a contested deposit, an unusual contract clause or an estate matter.

In Tasmania, conveyancing must be performed by a legal practitioner. Tasmania does not licence non-lawyer conveyancers. In every other state and territory, licensed conveyancers operate alongside solicitors.

Conveyancer or Solicitor. Which One Do You Need

Most standard residential purchases can be handled by a licensed conveyancer. Conveyancer fees typically range from $800 to $2,200 plus disbursements, depending on state and property type.

A solicitor is the better choice when the transaction has legal complexity. Examples include disputed boundaries, complex easements, deceased estate sales, contracts with unusual special conditions, off-the-plan purchases with extended sunset clauses or properties with caveats and encumbrances that need careful interpretation. Solicitor fees typically range from $1,500 to $3,500 plus disbursements for a residential matter.

The right choice depends on the property, not the price. A high-value standard apartment can be cleanly handled by a conveyancer. A modest rural block with a registered easement and a holding-over tenant might benefit from a solicitor.

When to Engage Your Conveyancer

The best time to engage a conveyancer is before the contract is signed, not after. Conveyancers will review the contract draft, flag risky special conditions and suggest amendments while there is still negotiating room.

Buyers who wait until after exchange lose the opportunity to negotiate contract terms. In Victoria, the Section 32 vendor statement is provided before contract. A conveyancer engaged early can review the Section 32 against the contract and identify gaps before the buyer is bound.

In every state, engaging a conveyancer two to three weeks before the planned offer is the practical baseline. Adam Gee of AgentBridge recommends buyers shortlist a conveyancer at the same time they receive pre-approval, so the conveyancer is ready when the right property is found.

The Conveyancing Timeline

A standard residential conveyance runs 30 to 60 days from contract to settlement, with most settlements landing at the 42 to 45 day mark. The timeline is set by the contract, not by law. Shorter settlements (14 to 21 days) are common in tight markets where the buyer is unconditional. Longer settlements (60 to 90 days) are common for off-the-plan and bridging-purchase scenarios.

Here is the typical sequence between contract signing and settlement.

Day 0. Contract Signed or Exchanged

The contract is signed by both parties. In NSW the term is "exchanged". In other states it is "signed" or "executed". The deposit, usually 10% of the purchase price, becomes payable. In NSW it may be 5% by negotiation.

The contract sets the settlement date, the deposit amount, the cooling-off treatment and any special conditions. Once exchanged or signed, both parties are bound subject to the cooling-off period and any conditions precedent.

Day 1 to 5. Cooling-Off Period (Where Applicable)

A short cooling-off period applies in most states for private-treaty residential purchases. See the AgentBridge guide on cooling-off periods state by state for the exact periods and exclusions. Cooling-off does not apply to auction purchases in most states, and Tasmania does not have a statutory cooling-off period at all.

During cooling-off, the buyer can withdraw with a small percentage forfeit (typically 0.25% of the price in NSW, 0.2% or $100 in VIC, with state-specific variants elsewhere).

Day 5 to 14. Building and Pest, Finance and Other Conditions

If the contract is subject to building and pest inspection, finance approval or other conditions, those are worked through in the first two weeks. Reports are commissioned, valuations are ordered and the conveyancer reviews the title.

If a condition is not satisfied by its due date, the buyer can usually terminate and have the deposit refunded. Read the conditions carefully, as wording matters. "Subject to finance approval to the buyer's satisfaction" is buyer-friendly. "Subject to finance approval" without the satisfaction wording is weaker.

Day 14 to 35. Searches, Title Review and Document Preparation

The conveyancer orders title searches and statutory searches. The exact bundle varies by state and property type but typically includes:

  • Title search (the legal record of ownership)
  • Plan of subdivision or strata plan
  • Land tax certificate
  • Council rates certificate (Section 603 in NSW, Section 27 in SA, equivalent elsewhere)
  • Water rates certificate
  • Drainage and sewerage diagram
  • Owners corporation or body corporate certificate (for strata)
  • Building approvals and orders search
  • Land information certificate

The conveyancer reviews each search for anything that could affect the title or the buyer's intended use. Outstanding rates, unapproved building work, easements not disclosed in the contract and pending council orders all get raised.

Day 35 to 42. Pre-Settlement Inspection and Adjustments

In the week before settlement, the buyer conducts a pre-settlement inspection. The property should be in the same condition as at contract, with all included chattels (oven, dishwasher, blinds, anything specified in the contract) still present. Damage or missing items are raised with the conveyancer immediately.

The conveyancer prepares the settlement statement. This calculates the adjustments for rates, water, body corporate fees and land tax, splitting the year proportionally between seller and buyer. Stamp duty is calculated and the cheque or electronic payment is arranged.

Day 42 to 45. Settlement Day

On settlement day, the conveyancers for both sides meet electronically through the PEXA platform (the national electronic conveyancing system). Funds flow from buyer to seller, the title transfers and the keys are released.

Settlement now happens almost entirely on PEXA. Paper settlements still occur in a small number of regional and complex matters but are no longer the default in any state.

The Documents Your Conveyancer Will Need from You

Buyers should gather the following before contract. Conveyancers will request these once engaged.

  • Photo identification (driver licence, passport or both, depending on state requirements)
  • Proof of address (utility bill, bank statement)
  • The signed contract and any amendments
  • Loan approval letter or evidence of cash funds
  • First Home Owner Grant application form (where applicable)
  • Stamp duty concession evidence (first home buyer status, principal place of residence intent)

For off-the-plan purchases, additional documents include the contract of sale, disclosure statement, draft plan of subdivision and any sunset clause notifications.

State Differences That Matter

Conveyancing is regulated state by state. The headline differences buyers should know are below.

State Profession Standard Cooling-Off Vendor Disclosure Document
NSW Conveyancer or solicitor 5 business days (private treaty) Contract for Sale of Land
VIC Conveyancer or solicitor 3 business days Section 32 Vendor Statement
QLD Conveyancer or solicitor 5 business days Contract (REIQ Standard Form)
WA Conveyancer (Settlement Agent) or solicitor None (negotiable in contract) Offer and Acceptance form
SA Conveyancer or solicitor 2 clear business days Form 1 Vendor Disclosure
TAS Solicitor only None Standard contract (REIT)
ACT Conveyancer or solicitor 5 business days Contract with required documents bundle
NT Conveyancer or solicitor None (negotiable in contract) Contract

State-specific buying-process guides cover each jurisdiction in detail. See the AgentBridge resources for NSW, VIC, QLD, WA, SA, TAS, ACT and NT.

What Conveyancing Costs in 2026

Conveyancing fees split into two parts: the professional fee (what the conveyancer or solicitor charges for their work) and the disbursements (third-party costs the conveyancer pays on the buyer's behalf and passes through).

Professional fees in 2026:

  • Standard residential established purchase: $800 to $2,200 (conveyancer), $1,500 to $3,500 (solicitor)
  • Off-the-plan or strata purchase: $1,200 to $2,800 (conveyancer), $2,000 to $4,000 (solicitor)
  • Vacant land with development intent: $1,500 to $3,500 (depends on complexity)

Disbursements add $600 to $1,800 in most matters and cover title searches, council certificates, water certificates, PEXA settlement fees, identity verification and the lodgement of transfer documents. Disbursements are passed through at cost.

Quotes that look unusually low often exclude disbursements. Ask for a fixed-fee quote that breaks out professional fee and disbursements separately.

How to Choose a Conveyancer

Buyers have three good ways to find a conveyancer: a referral from someone who has recently settled in the same state, the state law society or institute of conveyancers directory, or a recommendation from a buyers agent. The AgentBridge network of buyers agents works with conveyancers in every state and can suggest practitioners with the right experience for the property type.

Five questions to ask before engaging:

  • Are you licensed in this state. (And in TAS, are you a legal practitioner.)
  • What is your fixed fee. Does it include all disbursements or are they extra.
  • How many settlements have you completed in the last 12 months.
  • Who is my direct contact. Will I get a partner, a paralegal or a shared inbox.
  • Do you use PEXA. Do you operate electronic settlements as standard.

The lowest fee is rarely the right answer. A $600 conveyancer working out of an offshore back office can cost the buyer days in delay when something needs urgent attention. Mid-range fees with a named contact and a track record in the local market are the practical default.

When Things Go Wrong Between Contract and Settlement

Most conveyances complete cleanly. When they do not, the common failure points are:

  • Finance approval falls through. The buyer's loan is declined after contract. In a conditional contract this terminates the deal and the deposit is refunded. In an unconditional contract (auction or post-cooling-off private treaty without a finance clause) the buyer can lose the deposit.
  • Building and pest finds material defects. The buyer can terminate if the contract is conditional on a satisfactory inspection. Many contracts allow only a "major defect" termination, not any defect, so the wording matters.
  • Title issues emerge. An undisclosed easement, a caveat or an unapproved building turns up in searches. The conveyancer negotiates a remedy with the seller's conveyancer, which may include a price reduction, a special condition or termination.
  • Pre-settlement inspection finds damage. The buyer can require the seller to remedy or compensate before settlement proceeds.
  • Settlement delays. A bank funding delay, a missing document or a PEXA workspace error can push settlement out by 24 to 72 hours. Penalty interest typically applies after a contractual grace period.

A good conveyancer manages these scenarios proactively. Buyers should expect updates at least weekly during conveyancing and immediate contact when issues arise.

Frequently Asked Questions

How long does conveyancing take in Australia

Standard residential conveyancing runs 30 to 60 days from contract to settlement, with 42 to 45 days the most common settlement period. The exact timeline is set by the contract, not by law. Shorter settlements (14 to 21 days) require an unconditional buyer and a responsive conveyancer.

Can I do my own conveyancing

DIY conveyancing kits are available but rarely worth the saving for established purchases. The cost saving (typically $1,000 to $2,000) is small relative to the risk of missing a title issue, a special condition or a settlement adjustment. For off-the-plan, strata and vacant land purchases, DIY is not advisable.

What happens at settlement

Settlement is the moment the title transfers and the funds change hands. In 2026 this happens electronically through PEXA in almost every matter. The buyer's conveyancer transfers the purchase price to the seller's conveyancer, the title moves to the buyer at the relevant state titles office and the keys are released.

When do I pay stamp duty

Stamp duty (also called transfer duty in QLD, WA and the territories) is typically paid at or just before settlement. The conveyancer calculates the duty, the buyer transfers the funds and the conveyancer pays the relevant state revenue office. In some states first home buyer concessions are applied automatically once eligibility evidence is provided.

What is the difference between a conveyancer and a solicitor

A conveyancer is a state-licensed specialist who handles property transfers. A solicitor is a qualified lawyer who can perform conveyancing as part of broader legal practice. For standard residential matters a conveyancer is sufficient. For complex matters (estates, contested titles, unusual contracts) a solicitor is the better choice. Tasmania allows only legal practitioners to perform conveyancing.

Related Resources

About AgentBridge

AgentBridge is a property distribution business that connects sellers and developers with a national network of more than 80 buyers agents across every Australian state and territory. Every engagement runs through a single brief, distributed simultaneously to the network. Buyers agents on the panel work with conveyancers in their local markets and can suggest practitioners with the right experience for the property type.

Last reviewed: 22 May 2026.

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