What to Ask Your Conveyancer Before Signing a Contract

When buying or selling property in Australia, one of the most important steps you’ll go through is conveyancing, the legal transfer of property ownership from the seller to the buyer.

For most property transactions, engaging a conveyancer is essential. However, many buyers and sellers aren’t entirely sure what conveyancers do or how they can assist beyond managing the paperwork.

This article outlines key questions to ask before hiring a conveyancer to help you understand their role and ensure they’re the right fit for your property transaction.

Understanding the Role of a Conveyancer

A conveyancer manages the legal and administrative steps involved in transferring property ownership. Their duties include reviewing the contract, checking the title, arranging searches, liaising with banks and real estate agents, and preparing documents for settlement. Their goal is to ensure the transaction is legally sound, runs on time, and protects your interests as a buyer or seller.

While both conveyancers and solicitors can handle property transfers, there’s an important distinction. A conveyancer specialises specifically in property law and conveyancing matters. A property solicitor, on the other hand, has broader legal training and can provide additional legal advice or representation if the matter becomes complex.

Situations involving disputes, boundary issues, title defects, off-the-plan contracts, deceased estates, or unexpected contract variations may require a solicitor’s involvement. This is why it’s often beneficial to choose a conveyancing team that has both conveyancers and solicitors available when needed.

Understanding your conveyancer’s role and when extra legal support might be required, helps you make informed decisions before signing a contract. Asking the right questions early promotes clarity, protects your interests, and reduces the chance of costly surprises later.

Conveyancing in New South Wales

In NSW, conveyancing involves the legal process of transferring property ownership from seller to buyer. A conveyancer in NSW manages each step, including reviewing the contract of sale, conducting title searches, and preparing settlement documents.

NSW has specific disclosure requirements, sellers must provide zoning certificates (Section 10.7), drainage diagrams, and other prescribed documents before contracts are exchanged. Buyers can also take advantage of a statutory cooling-off period to finalise finance or arrange inspections.

Most settlements in NSW now occur electronically through PEXA, streamlining the process and ensuring security. Whether you’re purchasing residential or commercial property, working with an experienced NSW conveyancer ensures compliance, minimises risk, and helps your transaction progress smoothly.

Conveyancing in Queensland

Queensland conveyancing follows similar principles but with key differences. A conveyancer in QLD reviews the contract of sale, conducts searches, and coordinates settlement.

Unlike NSW, Queensland contracts are typically signed before all searches are completed, with standard conditions such as finance approval and building and pest inspections included to protect buyers.

From 1 August 2025, Queensland’s new seller disclosure regime requires sellers to provide key information upfront, including encumbrances, title details, and relevant certificates. Like NSW, most QLD settlements now occur electronically via PEXA for faster and more secure transfers.

Top Questions to Ask Before You Sign

1. What services are included in your conveyancing fee?

It’s essential to understand exactly what your conveyancing fee covers. In both Queensland and NSW, a conveyancer usually manages the contract review, searches, coordination with banks or lenders, settlement arrangements, and lodging documents with the Land Titles Office.

However, processes differ slightly between states, in Queensland, searches are often done after signing, while in NSW, mandatory disclosure documents must be provided before exchange.

You should also ask about disbursements, such as title searches, council certificates, and PEXA fees, as these are usually charged separately.

At Bush to Beach Legal, you can view indicative conveyancing fees for QLD and NSW on our website. Costs may vary depending on the property type, location, and complexity, so requesting a personalised quote and discussing your situation with our team is the best way to get started.

2. Will I have a cooling-off period, and how does it work?

Cooling-off periods allow buyers a short window to reconsider a purchase after signing.

In New South Wales, most buyers have a five-business-day cooling-off period unless waived by a Section 66W Certificate. In Queensland, a five-day cooling-off period also applies, although a small termination fee may be payable if the buyer withdraws.

Ask your conveyancer to clarify how the cooling-off period applies in your state, when it starts, and what may affect your rights. This ensures you fully understand your options and can avoid unintended financial consequences.

3. How should I handle building and pest inspections?

Building and pest inspections are handled differently between states, so it’s important to get guidance from a conveyancer familiar with your area.

In Queensland, inspections are typically part of the contract conditions. Buyers usually sign first, then arrange inspections during the conditional period. If major issues arise, they may be able to renegotiate, request repairs, or terminate the contract, depending on the terms.

In New South Wales, inspections should generally be completed before exchanging contracts. Once contracts are exchanged, the agreement becomes legally binding. Conducting inspections early reduces the risk of unexpected costs or disputes later.

Useful questions include:

• When should inspections be booked?
• How long will it take to receive the reports?
• What happens if problems are found?
• Can price or contract terms be adjusted based on inspection results?

4. Are there any risks or red flags in the contract?

A key part of your conveyancer’s role is identifying anything that could affect your ownership or use of the property.

They’ll check for easements, encumbrances, zoning restrictions, or unapproved structures and may recommend further enquiries if something appears unclear.

Disclosure obligations differ between states:

• In NSW, sellers must provide prescribed disclosure documents upfront (title search, zoning certificate, drainage diagrams, etc.).

• In QLD, seller disclosure is now mandatory before contract but covers slightly different details.

Ask your conveyancer to explain any issues in plain English. A good conveyancer won’t just identify risks but will also explain their practical impact, helping you make informed, confident decisions.

5. How do finance and lender requirements affect my timeline?

Your conveyancer coordinates with your lender or broker to ensure finance approval and settlement align with the contract schedule.

In Queensland, most contracts include a finance clause, giving buyers a set period to obtain formal approval after signing. If delays occur, your conveyancer may need to negotiate an extension to prevent termination.

In New South Wales, finance is usually secured before exchange, as contracts become binding once exchanged. This makes preparation and lender communication critical.

Ask your conveyancer about common causes of delay, such as slow bank processing, valuation issues, or incomplete documentation, so you can plan ahead and avoid unnecessary stress.

Final Thoughts

Choosing the right conveyancer in Queensland or NSW isn’t just about completing paperwork — it’s about having an expert who explains the process clearly, identifies risks early, and guides you through every decision with confidence.

Each property transaction is unique. Factors like finance timing, inspections, seller disclosure requirements, and contract terms all influence how smoothly settlement proceeds. A skilled conveyancer takes the time to outline your options, highlight potential red flags, and ensure you’re protected every step of the way.

If you’re unsure where to begin, Bush to Beach Legal is here to help. Reach out to our friendly team for a personalised quote and straightforward guidance about your next property move. The right support early on can make your property journey simpler, safer, and far less stressful.