Conveyancing when selling a house is a little like having insurance—nine out of ten times, nothing significant will come from it, but you want it in your corner should something go wrong.
This is because selling a property involves far more than just handing over the keys; it’s a complex legal process with a range of requirements, from drafting contracts to ensuring all paperwork is in order. Without a thorough understanding of property law, it’s easy to miss crucial details that could cause issues down the track. But do you actually need a conveyancing solicitor for sellers?
While it’s not a legal requirement to hire one, their expertise can save you time and money down the track.
Let’s look at whether conveyancers are worth the cost and what you might miss if you try to sell a house without one.
What Is A Conveyancer and What Do They Do?
Conveyancer refers to the legal professional who undertakes due diligence on your behalf to ensure a property sale is sound and clearly documented, with no room for error or interpretation.
There are a host of issues a conveyancer might flag. These include:
· Unclear property boundaries (you may also need to consult a surveyor)
· Outstanding debts or charges on the property
· Title issues, including legal restrictions or claims
· Zoning and planning regulations (you may also need to consult a town planner)
· Undisclosed property defects (you may also need to consult engineers or builders)
· Legal documents and compliance
· Disputes between buyers and sellers
· Sale of jointly owned property
· Tax implications (you may also need to consult an accountant)
In most cases, a conveyancer will review your contract including the Seller’s Disclosure Statement and the relevant search results, let you know that everything is in order, and ensure the property is registered in your name at settlement. However, there are times that your conveyancer may notice inconsistencies or issues, and will bring these issues to your attention.
Is A Conveyancer Required To Sell Property?
A conveyancer isn’t strictly required to sell a house, and you can tackle it alone. However, getting legal help to sell a house is highly recommended, unless you have experience in property law.
You might feel that you’re just ticking an administrative box but the truth is that a property transaction is a complex process, and one of the biggest financial matters in our lives.
If you choose to do it alone, you’d need to handle everything from drafting and reviewing the contract of sale to ensuring all legal documents are correct and submitted on time. You’d also need to research things like property titles, zoning laws, and outstanding debts on the property.
One small mistake can lead to costly delays or complications, and while you might save on a conveyancing fee upfront, you could end up paying for your mistakes down the line.
How Much Does A Conveyancer For Sellers Cost?
Conveyancing fees vary from state to state, and can also vary based on what kind of property you’re selling, whether that’s an apartment, vacant land, a free-standing house, or a block of units. In general, you’ll pay between $1,000 and $2,500 for an inclusive conveyancing fee, which will cover the sale from end to end.
If price is a factor, you might save by comparing quotes, deciding between fixed fees for budget certainty or hourly rates for flexibility. You should also ensure the quote includes all necessary services and disbursements.
How To Choose The Right Conveyancer For Selling Property?
Start by looking for a local conveyancer with experience in property sales, particularly in your area. Look for reviews or ask for recommendations from people who have recently sold property. Check if they offer a clear, fixed-fee service and, if they charge hourly, ask for an estimate of how much time they expect the process to take.
A good conveyancer should be responsive and transparent about what they do. Perhaps most importantly, your conveyancer should be a good communicator and remain contactable at all times. Their job is to understand and break down complex legal jargon, so you are able to understand them.
What Does The Conveyancing Process For Sellers Look Like?
Step 1: Prepare the Contract of Sale: Your conveyancer will help prepare the Contract of Sale. This document outlines the terms of the sale and includes details about the property, the price, and any conditions (typically, you would need to decide how much deposit is required and when will settlement be scheduled). The contract will also contain important information like the zoning of the property and any legal obligations that come with it.
Step 2: Property searches and disclosure: Your conveyancer will perform the relevant property searches to make sure there are no legal issues with your property, such as unpaid council rates or unresolved disputes. They’ll also need to check if there are any encumbrances (things like easements or covenants) that might affect the buyer’s use of the property to be included in the Seller’s Disclosure Statement.
Step 3: Review and sign the Seller’s Disclosure Statement: Once the Seller’s Disclosure Statement is ready, your conveyancer will go over it with you, making sure all the details are correct. Once you’ve signed, your agent can then market the property and present the Seller’s Disclosure Statement to potential buyers.
Step 4: Negotiating with the buyer: Once the property is on the market, potential buyers may want to negotiate the price or other terms. Your conveyancer will help you respond to any offers and make sure the terms are in your best interest.
Step 5: Signing of Contract: When both you and the buyer agree on the terms, the buyer typically signs the Contract first and it would then be presented to the Seller for signing. Once the Contract is signed, the Buyer and the Seller must comply with their obligations in accordance with the terms and conditions of the Contract.
Step 6: Settlement day: On settlement day, the buyer pays the remainder of the purchase price. Your conveyancer will help ensure all legal documents are lodged with the land registry transfer legal ownership of the property to the buyer. Once everything is settled, the buyer gets the keys, and you receive the sale funds, minus any outstanding debts.
How HTW Legal Group Can Help:
If you’re buying or selling a property, we highly recommend working with a professional conveyancer. As a boutique law firm based on the Gold Coast, our clients are at the heart of our practice, and every action we take reflects our commitment to excellence.
We aim to deliver practical and strategic advice with a strong commercial focus. Our firm is equipped to represent large corporate clients while also providing personalised support to small local business and individual clients.
If you’re in need of conveyancing on the Gold Coast, HTW Legal Group can help. With extensive industry and local expertise, our priority is to protect your interests while facilitating an efficient property settlement — whether you are buying, selling, or transferring your property.
📞 Contact us today to find out how we can make your sale (or purchase) smooth and stress-free.
