When should I engage a conveyancer when selling my home?
Before you list. In NSW and the ACT a contract of sale must exist before your property can be marketed, and in Victoria buyers cannot sign without a Section 32. Engaging early means your sale is never waiting on paperwork.
Do I need a contract of sale before I can list my property?
In NSW and the ACT, yes: agents cannot advertise a residential property until the contract exists. In other states the contract is prepared around the time you appoint your agent, with disclosure documents required before a buyer signs or before settlement.
What does a conveyancer actually do for a seller?
Prepares your contract and disclosure documents, orders the required searches and certificates, answers buyer requisitions, arranges the discharge of your mortgage, adjusts rates and outgoings, and completes settlement, usually electronically through PEXA.
What is a Section 32 vendor statement?
Victoria's mandatory vendor disclosure document, given to buyers before they sign. It covers title, planning, outgoings, notices and more. Errors can give a buyer the right to withdraw, so it is prepared by your conveyancer or solicitor.
What is a Form 1?
South Australia's vendor disclosure statement, served on the buyer after contract. Mistakes in a Form 1 can extend the buyer's cooling off rights, so accuracy matters.
What vendor disclosure applies in NSW, QLD, WA and the ACT?
NSW and the ACT build disclosure into the contract itself through prescribed documents. Queensland has a seller disclosure regime that applies before the buyer signs. WA relies mainly on the standard contract terms and specific statutory disclosures.
Conveyancer or solicitor: what's the difference?
Both are licensed to handle property transactions in most states. In Queensland and the ACT, conveyancing is carried out by conveyancing solicitors. Whichever applies in your state, the work for a seller is the same.
Can I do my own conveyancing when selling?
Legally, in most states, yes. Practically, disclosure errors can give buyers rights to withdraw or claim compensation, banks may decline to deal with unrepresented parties at settlement, and electronic settlement platforms require a subscriber. Most sellers use a licensed professional.
What happens between accepting an offer and settlement?
Contracts are exchanged or signed, any cooling off period runs, the buyer completes searches and finance, your conveyancer arranges the discharge of mortgage and adjustments, and settlement is booked and completed, after which the agent releases the keys.
How long does settlement take when selling?
Commonly around 30 to 90 days from contract, set by what you and the buyer agree in the contract. State conventions differ, and your conveyancer can advise what is usual for your market.
What government fees and document costs does a seller pay?
Title searches, plan and certificate copies, council and water certificates for disclosure, and the registration fee for the discharge of mortgage. These are set by state registries and councils, not by your conveyancer, and they apply whoever acts for you.
What is a discharge of mortgage and when do I arrange it?
The formal removal of your lender's mortgage from the title so the buyer receives clear ownership. Lenders can take weeks to process a discharge request, so your conveyancer lodges it early in the sale.
What is PEXA and what happens on settlement day?
PEXA is Australia's electronic settlement platform. On the day, funds move, your mortgage is discharged, the transfer is lodged, and ownership changes, all digitally, usually while you get on with your day.
Can the buyer pull out? Cooling off periods explained.
In most states private treaty buyers have a short cooling off period (for example five business days in NSW), often with a small forfeit. Auction sales generally have no cooling off. Buyers can also withdraw where disclosure was defective, which is why your documents matter.
What if I'm selling and buying at the same time?
Simultaneous settlement is routine: your conveyancer aligns both matters so the sale funds flow into the purchase on the same day. Tell your conveyancer about both transactions at the start so the dates can be matched in the contracts.
Can I pay my selling costs at settlement instead of upfront?
Yes. Funding is available that covers conveyancing and other selling costs now and is repaid from your sale proceeds when the property settles, so there is nothing to pay until settlement. How pay at settlement works.
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