Conveyancing is a term that is often thrown around when it’s time to buy or sell a property, but what exactly is conveyancing, and what is a conveyancer?
Conveyancing is the legal process of transferring ownership of a property from one party to another, whether it be in the form of a person or entity. In Queensland, this process is governed by the Property Law Act 1974 (QLD).
A conveyancer is therefore a professional who facilitates the property ownership transfer. In Queensland, there are no registered conveyancers, and conveyancing work is undertaken by property conveyancing paralegals, managed by property conveyancing lawyers.
At HTW Legal Group, conveyancing is an area of law that our gold coast conveyancing solicitors specialise in. As an established property, commercial, and litigation law firm based in the Gold Coast’s central business hub of Southport, we’re committed to ensuring a seamless and stress-free property transference for all of our clients.
Here, we’ve put together this guide to explain what does a conveyancing lawyer (property lawyer) actually do, and how our property lawyers can take the guesswork out of your next property purchase or sale, and the conveyancing fees involved.
The Importance of Conveyancing
Let’s talk about what is a property lawyer, what they do, and why it matters.
Buying or selling a property is usually one of the largest financial commitment a person will make in their lifetime. A property lawyer is engaged to ensure that the transfer of property ownership goes smoothly.
A property lawyer is charged with the preparation, verification, and execution of the complex paperwork that comes along with buying or selling a property. This means, ensuring that all parties of the property transaction are meeting their legal obligations, and that their client’s rights and interests are protected.
While you’re perfectly capable of reviewing sales documents yourself, you should never underestimate the advantage of a professional eye. Property lawyers are legally trained and experienced to notice details that you may miss, including keeping updated on the latest laws and regulations regarding property conveyancing, spotting any potential issues and disputes, and facilitating communication to resolve any issues that may arise during the course of the conveyance.
Understanding what a property lawyer is, and the role they play in a conveyancing process is doubly important in Queensland because property law is different in every Australian state and territory. In Queensland, the standard conditions of the contract provide that the risk of the property passes to the buyer as soon as the contract is signed — not at settlement.
This means that if the property is damaged between signing and settlement, the buyer bears the responsibility. For this reason, we recommend our clients buying a property to arrange building/content insurance immediately after signing the contract.
Here are some other examples of conveyancing services, and the kinds of problems our team of experienced property lawyer can help you solve :
- Title issues and defects : Identifying easements, covenants, and disputes on the property title that may impact your use of the land.
- Contract errors or risks : Reviewing the sale contract to ensure key terms are reasonable and advising on any red flags before you sign.
- Unapproved building work : Checking council records and alerting you to any renovations or structures that may not have approval.
- Deposit and settlement issues : Ensuring that the correct deposit is paid when due and managing settlement timelines to avoid penalties or delays.
- Discrepancies in property boundaries : Ensuring that the property description in the contract matches the actual land and structures.
- Outstanding rates or taxes : Identifying unpaid council rates, land tax, or body corporate/strata levies that need to be resolved before settlement.
- Delays or disputes : Negotiating with the other party’s solicitor or conveyancer to resolve last-minute issues that could derail settlement.
- Transfer of ownership : Handling all legal paperwork to ensure the title is correctly and legally transferred into your name.
The Conveyancing Process for Buyers
So, what is the conveyancing process, and how does it work?
There are many legal aspects to a property transaction that require a keen eye, and you should consult a property lawyer when you decide to buy or sell a home.
Importantly, you should never sign anything before seeking advice from a property lawyer, as they will understand your requirements, rights and obligations, and be fully aware of any fees or charges.
1. Contract Preparation and Signing
Once you have agreed on a price and terms and conditions with the seller, the real estate agent will either prepare a draft contract for your property lawyer’s comments or get in touch with their property lawyer for them to prepare the contract of sale. Before signing the contract, your property lawyer should be given the contract for their review to ensure your interests are protected.
2. Cooling-Off Period
Buyers in Queensland are entitled to a cooling-off period of five business day after signing the contract, unless you have signed to waive it.
You can cancel the contract during the contract cooling-off period, but may forfeit a small penalty (typically 0.25% of the purchase price).
3. Conditional Period
The contract may include conditions like:
- Finance approval
- Building and pest inspections
- Due diligence (optional)
Your property lawyer helps manage deadlines and advises you if issues arise that may require renegotiation or termination.
4. Contract Becomes Unconditional
Once all conditions are met, or waived, the contract becomes unconditional. Both parties are now fully committed to the sale.
5. Searches and Title Review
Your property lawyer will order searches on the property (e.g. council rates, water usage, land tax, zoning) to uncover any liabilities or restrictions. They will also check the title for easements, caveats, or encumbrances.
6. Settlement Preparation
Your property lawyer coordinates with your lender (if applicable) and the seller’s representatives to prepare for settlement. Transfer documents are drafted, funds are confirmed, and you will sign any necessary paperwork.
7. Insurance
In Queensland, the buyer is liable for the property one business day from the contract date — not settlement. You must arrange building/content insurance as soon as the contract is signed.
8. Final Inspection
You are entitled to inspect the property shortly before settlement to ensure it’s in the same condition as when you signed the contract, and that all inclusions are in place.
9. Settlement Day
On the agreed settlement date, the purchase funds are transferred, documents are exchanged, and the property’s title is lodged for registration. Your property lawyer will confirm when settlement has taken place.
10. Move In and Post-Settlement
Once settlement is complete, you can collect the keys and move in. Your property lawyer finalises registration with the Titles Office and ensures all legal documents are properly recorded.
How much does conveyancing cost?
One of the most common questions we get here at HTW Legal Group is “What is a conveyancing fee?”
So, let’s talk about what are conveyancing fees, and how much you can expect to pay in Queensland.
| Cost Item | Estimated Amount (AUD) | Description |
| Professional Conveyancing Fee | $800 – $2,200 | The solicitor’s fee for managing the transaction. |
| Search Fees | $300 – $500 | Includes title search, rates, land tax, planning/zoning certificates. |
| Disbursements | $50 – $300 | Covers items like bank cheques, photocopying, postage, and administrative fees. |
| PEXA/Online Settlement Fee | ~ $120 – $150 | Required for electronic settlements via PEXA. |
| Title Registration Fee | Varies (depending on the purchase price) | Paid to the Queensland Titles Registry to register the property in your name. |
| Stamp Duty | Varies (can be $0 for first home buyers) | A government tax based on the purchase price and your buyer status. Use the Queensland Government – Transfer Duty Estimator calculator to estimate. |
| Bank/Loan Fees (if applicable) | Varies | Includes document preparation or settlement fees charged by your lender. |
HTW Legal Group offers a fixed fee quote for conveyancing.
📞 Contact HTW Legal Group today to obtain your fixed fee quote today.
How to Choose the Right Property Lawyer?
1. Look for local expertise
Property laws and processes vary by each individual Australian state and territories, so it’s crucial to choose a property lawyer who understands the rules specific to your area — especially if you are buying or selling a property in Queensland.
2. Check their qualifications and licensing
Make sure your conveyancer is fully licensed in the state of the property transaction. In Queensland, only property lawyers registered with the Queensland Law Society are allowed to undertake paid conveyancing work. You may confirm their licensing on the Queensland Law Society – Register of Solicitors.
3. Ask about their experience
A good property lawyer should have experience with the type of property transaction you’re dealing with — whether it’s residential, off-the-plan, rural, or commercial. Don’t be afraid to ask how many similar transactions they have handled.
4. Understand their fees upfront
Request a detailed quote that breaks down professional fees and disbursements (e.g. search fees, titles office costs). Compare value — not just price. The cheapest option isn’t always the best, and an experienced property lawyer could end up being your best value option.
5. Make sure communication is easy
You want a property lawyer who is responsive and explains things clearly. Look for a property lawyer who will keep you updated at each step of the conveyancing process and is accessible when you have questions.
6. Check reviews and reputation
Look at online reviews or ask for referrals. A property lawyer with consistently positive feedback is more likely to provide a smooth, professional service.
How HTW Legal Group Can Help
An experienced property lawyer is your best partner in ensuring a seamless settlement. At HTW Legal Group, we are here to make sure that buying or selling your home goes as smoothly as possible and handle any hiccups that appear along the way. Whether you are looking to sell, buying your very first home, or your hundredth, we can help.
Our firm delivers a professional service focused on your interest and goals in every consultation. With a team of experienced property lawyers and a strong history of successful outcomes, we are dedicated to ensuring a stress-free settlement.
Our dedication to efficiency is complemented by transparent pricing, with fixed professional fees and detailed itemisation of any additional costs, providing you with a clear financial picture throughout the process.
Your property goals are our priority, and we are here to guide you to success.
