Property and conveyancing
Finding help with property and conveyancing
Property lawyers and licensed conveyancers help with the legal work involved in buying, selling, leasing and transferring property. Lawyers also address complex ownership, development and dispute issues.
Quick answer
The short version
Arrange a contract review before signing, bidding or making an unconditional property commitment. Contract, disclosure, cooling-off, stamp-duty, settlement and conveyancing rules differ between states and territories, and auction purchases often have different protections from private sales. A licensed conveyancer may be suitable for a straightforward transaction within the work permitted by local law. A property lawyer may be more appropriate where the contract is unusual, the transaction is commercial or interstate, ownership or development is complex, or a dispute, tax, estate, family-law, insolvency or litigation issue is involved. No professional can guarantee that a property has no risk, so ask what searches, inspections and advice are included.
Official context: Buying property by private sale
Contract review should happen before commitment
A contract of sale records much more than the price and settlement date. It can allocate risk for title, planning, condition, inclusions, tenancies, adjustments, finance, inspections, default and delay. Statutory disclosure material and standard contract terms differ between jurisdictions.
Provide the full contract and every attachment, not only the signature page or marketing brochure. A solicitor or conveyancer may check title particulars, registered interests, plan information, disclosure documents, special conditions and the proposed ownership details. The review should also identify matters that require a building inspector, surveyor, planner, accountant or lender.
Do not assume a cooling-off period will let you fix issues after signing. Eligibility, length, waiver and financial consequences vary, and cooling off may be unavailable for auctions or particular buyers and properties. In Western Australia, there is no general mandatory cooling-off period for real-estate contracts. Obtain local advice before making an offer or bidding.
A finance or inspection condition only protects a buyer to the extent of its actual wording and proper use. Dates, notice requirements, satisfaction standards and permitted reasons for termination matter. Do not copy a condition from another state or rely on an agent's informal description of its effect.
Conveyancing moves the transaction from contract to settlement
Conveyancing is the legal and administrative work needed to transfer an interest in land. It can include searches, identity and authority checks, mortgage coordination, adjustments, transfer and duty documents, electronic settlement, registration and reporting to the client.
The conveyancer or lawyer acts for one party, not both buyer and seller simply because the transaction is routine. They should explain the scope, important dates, trust-money arrangements, electronic-signing process and how instructions will be verified. Property payment fraud is a serious risk, so independently confirm any changed bank details using a trusted contact method.
Settlement completes key contractual and financial steps, but it does not cure every earlier problem. Buyers should arrange a final inspection where appropriate and ensure finance and funds are ready. Sellers should address mortgage discharge, title documents, agreed repairs, vacant possession and other completion obligations.
Delays can trigger interest, notices, loss of a deposit or termination rights depending on the contract and local law. Contact the acting professional immediately if finance, documents, a chain transaction or practical handover may prevent settlement.
Due diligence extends beyond the title search
A title search identifies registered ownership and recorded interests, but it does not answer every question about the land or building. Depending on the property, due diligence may cover easements, covenants, caveats, planning controls, zoning, overlays, road proposals, rates, land tax, utilities, contamination, flood or bushfire exposure, heritage, building approvals and occupation permits.
Physical condition generally needs independent inspection. A conveyancer is not a building inspector, engineer, surveyor, environmental consultant or valuer. Arrange the necessary reports early enough for any contractual right to be used.
For strata, community title or owners corporation property, review the plan, by-laws or rules, levies, insurance, meeting records, maintenance history, capital works, disputes and proposed expenditure. The name and operation of the scheme differ by jurisdiction.
Marketing statements are not a substitute for verified documents. Keep copies of representations that influenced the decision and tell the lawyer about proposed renovations, business use, subdivision, short-stay accommodation, pets, parking or other features important to the purchase.
Leases and co-ownership create continuing obligations
Residential, retail and other commercial leases operate under different legislation and contract terms. A lease review may cover rent, reviews, outgoings, security, permitted use, fit-out, repair, insurance, assignment, options, make-good and default. Retail lease legislation and disclosure duties vary by state and territory.
Do not begin fit-out, take possession or pay substantial non-refundable amounts on the assumption that a lease will be agreed. Heads of agreement, offers and incentive documents can create legal or practical commitments. Confirm which terms are binding and whether approvals or guarantees are required.
Co-owners should consider how legal title will be held, contributions, loan liability, occupation, expenses, improvements, sale decisions, death, separation and dispute resolution. The title description, loan arrangement and co-ownership agreement each address different risks.
Family-law, succession, tax and social-security consequences may affect the structure. A property lawyer can coordinate legal documents, but financial, tax and credit advice should come from appropriately qualified advisers.
Easements, boundaries, strata and development may need specialist advice
An easement may allow access, drainage, services or another use over land. A covenant can restrict development or use. The registered instrument, plan and surrounding law must be read together, and longstanding physical use does not necessarily match the legal boundary or right.
Boundary and encroachment disputes may require a licensed survey, title evidence, historical plans and local legal advice. Avoid moving a fence, blocking access or commencing work while rights are disputed without first understanding the legal and safety implications.
Owners corporation or strata disputes can involve by-laws, common property, repairs, levies, records, short-term letting, noise, pets, building defects or committee decisions. Internal resolution, mediation, a state tribunal or a court may be relevant, depending on the jurisdiction and issue.
Development work can require planning approval, building approval, infrastructure arrangements, environmental assessment, finance and specialist contracts. A conveyancer handling a transfer may not be authorised or equipped to advise on a complex development, joint venture or planning dispute.
Property disputes need early evidence and proportional strategy
Property disputes can arise before contract, during settlement or years after ownership begins. They may involve a failed transaction, deposit, misrepresentation, defect, lease default, co-ownership, possession, boundary, easement, nuisance, caveat, mortgage or ownership claim.
Preserve the contract, disclosure material, title documents, inspection reports, photographs, plans, invoices and communications. Record the current condition and important events without trespassing, interfering with evidence or secretly recording people contrary to local law.
The correct court or tribunal depends on the state or territory, parties, remedy and value. Some disputes require a notice, mediation or other pre-action step. Urgent advice may be needed before settlement, an auction, expiry of a notice, threatened sale, removal of property or irreversible building work.
A negotiated solution can address access, work, payment, timing or sale in ways a final court order may not. Ask the lawyer to compare the cost, delay, enforceability and commercial effect of each option.
Choose the professional whose authority and experience fit the matter
Licensed conveyancers commonly handle standard property transfers and related conveyancing work within the authority of their state or territory licence. The permitted scope and professional rules are not identical across Australia. Check the practitioner's licence and ask whether the particular transaction falls within their work.
A solicitor may be preferable where advice extends beyond the conveyance, including complex contract drafting, commercial leasing, development, trusts, deceased estates, family-law arrangements, insolvency, tax coordination or a dispute. The solicitor may still recommend separate counsel or another specialist.
Ask who will handle the file, what searches and advice are included, what is excluded, how urgent review is charged and what happens if the matter becomes disputed. A low fixed fee may cover a narrow standard transaction, so compare scope and service rather than price alone.
MatterPath can help organise your requirements and show participating practices. It does not inspect property, approve a contract, preserve a cooling-off right or determine whether a conveyancer or lawyer can accept the work.
What to provide for property advice
Send documents early enough for review before any signing, auction or notice deadline. Use the firm's secure process for identity and financial information.
- Full contract, vendor disclosure material and every annexure or special condition
- Property address, title details and proposed buyer or seller legal names
- Auction date, offer expiry, finance date, inspection date and proposed settlement date
- Loan pre-approval or lender requirements, without sending passwords or access codes
- Building, pest, strata, survey, planning or environmental reports already obtained
- Important marketing representations and communications with the agent or other party
- Details of intended use, renovation, development, leasing, pets or parking needs
- Existing lease, co-ownership agreement, easement instrument or dispute notice
- Any interstate, trust, company, estate, family-law or tax feature
- Questions about searches, costs, duty, settlement, insurance and professional scope
When different property professionals may be relevant
| Professional | Typical role | When to look further |
|---|---|---|
| Licensed conveyancer | Routine sale, purchase, transfer and settlement work permitted by the local licence | Complex legal advice, litigation or work outside the licensed jurisdiction may require a solicitor |
| Property solicitor | Contract advice, complex transactions, leases, ownership structures and disputes | May engage counsel or other specialists for litigation, planning, tax or technical issues |
| Building inspector, engineer or surveyor | Physical condition, structure, measurements, boundaries or technical evidence | Does not replace legal review of the contract, title and remedies |
| Accountant, tax adviser or financial adviser | Tax, cash flow, structure, borrowing and financial suitability | Does not replace conveyancing or legal advice about rights and obligations |
Common questions
Frequently asked questions
Should I get a contract reviewed before making an offer?
Yes, where possible. An offer may become binding when accepted or when the contract is signed, depending on the process and jurisdiction. Review before commitment allows time to understand special conditions, disclosure, due diligence and whether any finance or inspection protection should be negotiated.
Does every Australian property buyer receive a cooling-off period?
No. Cooling-off rules and exclusions vary by state or territory, transaction and sale method. Auction purchases often have no cooling-off protection, and Western Australia has no general mandatory cooling-off period for real-estate contracts. Check the current local rule before signing or bidding.
Can a conveyancer handle every property matter?
No. Conveyancers are licensed under state or territory rules and their permitted scope differs. A straightforward local conveyance may be suitable, while complex legal advice, development, commercial structures or a dispute may require a solicitor and other specialists.
Does a title search reveal every property problem?
No. It shows registered title information but may not reveal building condition, unregistered use, planning risk, contamination, accurate physical boundaries, strata finances or unapproved work. Appropriate searches, inspections and specialist reports depend on the property and intended use.
Can the same professional act for the buyer and seller?
Usually each party should have independent representation because their interests can conflict. Professional rules and limited exceptions vary by jurisdiction. Ask the proposed practitioner to explain whom they act for and how any conflict would be managed.
Verified references
Sources and official help
These official resources were checked on 26 August 2026. Use the linked service for its latest information.
- Buying property by private saleConsumer Affairs Victoria
- Contracts and depositsNSW Fair Trading
- Cooling-off period for residential property contractsQueensland Government
- Buying property by private saleConsumer Protection Western Australia
- Property settlementConsumer Protection Western Australia