Do you need a conveyancer before you sell?

The short answer: yes, and earlier than you think

Most sellers assume conveyancing starts once a buyer appears. In much of Australia, the law says otherwise. In NSW and the ACT, a contract of sale must exist before your property can be advertised at all. In Victoria, no buyer can sign until your Section 32 vendor statement is ready. In South Australia, the Form 1 disclosure must be served before settlement can proceed.

Practically, that means the first professional in your sale is not the agent or the photographer: it is the licensed conveyancer or conveyancing solicitor who prepares your contract and disclosure documents. Engaging one before you list means your property can go to market the moment you're ready, rather than waiting on paperwork while the campaign clock runs.

State by state rules

NSW and ACT

A contract of sale must be prepared before marketing begins. It includes prescribed documents such as the title search and the planning certificate, which take time to order. In the ACT, conveyancing is carried out by conveyancing solicitors.

Victoria

The Section 32 vendor statement must be given to a buyer before they sign the contract. Preparing it means gathering title, planning, outgoings and other prescribed information, so early engagement matters.

Queensland

Conveyancing for sellers is carried out by conveyancing solicitors. The contract is typically prepared when you appoint your agent, and disclosure obligations apply before signing.

Western Australia

Settlement agents (licensed conveyancers) commonly act for sellers. The contract is usually prepared by the agent on the standard form, with your conveyancer managing disclosure and settlement.

South Australia

The Form 1 vendor disclosure statement must be prepared and served, and errors can give buyers the right to cool off late in the process, so accuracy matters from the start.

What the government charges when you sell

Preparing your contract and disclosure documents involves government and document fees: title searches, plan copies, council certificates, and the fee to register your discharge of mortgage. These are set by state registries and councils, not by your conveyancer, and they apply whoever acts for you. Our state guides list each fee with its official source.

Paying at settlement

Getting started early does not mean paying early. Your conveyancing and other selling costs can be funded and repaid from your sale proceeds when your property settles, so there is nothing to pay until settlement. How pay at settlement works.