Conveyancing is the legal process of transferring ownership of real property from one person to another. Whether you are buying your first home, selling an investment property or transferring land within your family, conveyancing is a critical step that ensures the legal title is properly transferred, financial obligations are met and your interests are protected. In New South Wales, conveyancing involves a detailed sequence of steps that must be carried out in accordance with state laws, including the Conveyancing Act 1919, the Real Property Act 1900, and various contract and consumer protection regulations
At Golottas Solicitors, our experienced team of property solicitors provides comprehensive conveyancing services to buyers and sellers across Sydney and Western Sydney. We guide clients through every stage of the process from preparing and reviewing contracts to settlement and post-settlement requirements. Our goal is to make property transactions smooth, legally sound and stress-free
The conveyancing process in NSW can be broken into three main stages. The first is pre-contract, which involves the initial preparation and review of the Contract for Sale. The second stage is the exchange of contracts, when both parties sign and legally commit to the transaction. The third stage is settlement, when final payment is made and legal ownership changes hands
For vendors or sellers, the process begins with preparing a Contract for Sale of Land. This must be completed before the property can be listed or advertised. The contract includes information about the property title, zoning, inclusions and exclusions, as well as mandatory disclosure documents such as a title search, drainage diagram, and planning certificate. Failure to provide a complete and accurate contract can lead to legal delays or the contract being challenged. A solicitor ensures all required documents are in place and that the terms of the sale protect the seller’s interests
Buyers also benefit from engaging a solicitor early in the process. Before signing any documents, a property lawyer can review the contract, explain the terms, identify any risks and negotiate amendments. This is particularly important when it comes to clauses dealing with settlement dates, deposit conditions, pest and building inspections and special conditions. For example, a buyer may wish to insert a clause making the purchase conditional on obtaining finance or the results of a satisfactory building report
Once both parties are satisfied with the terms, they sign identical copies of the contract and exchange them. This is when the agreement becomes legally binding. The buyer usually pays a deposit of 10 percent of the purchase price unless a different amount is agreed. From this point on, penalties apply for default and withdrawing from the contract can be legally and financially costly. It is also important to note that buyers in NSW typically have a five business day cooling-off period, although this can be waived by signing a certificate prepared by a solicitor
Between exchange and settlement, a number of important legal and administrative tasks must be completed. These include arranging property searches, confirming finance approval, finalising stamp duty obligations, and liaising with banks or mortgage brokers. Your solicitor will also conduct checks to ensure there are no outstanding council rates, land tax liabilities or other encumbrances on the title. Any discrepancies or unpaid charges must be resolved before settlement can occur
Settlement is the final step in the conveyancing process. On the agreed date, the buyer’s funds are transferred to the seller and legal ownership of the property is transferred to the buyer. With the introduction of electronic conveyancing through PEXA (Property Exchange Australia), most settlements are now conducted online. Once settlement occurs, the title is updated with NSW Land Registry Services and the buyer becomes the new legal owner. If a mortgage is involved, the lender will be registered on the title as mortgagee
One of the key benefits of using a conveyancing solicitor rather than a conveyancer is the ability to handle more complex legal issues. While both are licensed to perform standard property transactions, solicitors can provide broader legal advice, assist with disputes, and draft customised clauses to suit unique situations. This can be critical in transactions involving off-the-plan purchases, strata title properties, family transfers or transactions where one party is overseas
Conveyancing is not just about paperwork. A skilled solicitor will proactively identify and address risks that could delay or derail the transaction. For example, a building inspection may reveal structural issues, prompting a renegotiation of the price. A zoning certificate might uncover future developments that impact the property’s value. An experienced lawyer can help navigate these situations and ensure your rights are preserved
It is also important to consider stamp duty, a state tax payable by the buyer on most property purchases in NSW. The amount depends on the purchase price and whether any concessions apply. First home buyers may be eligible for discounts or exemptions under the First Home Buyer Assistance Scheme. Your solicitor can advise on the applicable rates, assist with lodgement and ensure that payment deadlines are met
For sellers, a good solicitor ensures that all your obligations are met so that settlement proceeds on time and without surprises. This includes discharging mortgages, finalising rates, dealing with tenants if the property is leased and coordinating with real estate agents. If a dispute arises, such as a buyer failing to settle on time, your solicitor can take immediate steps to protect your rights, including issuing default notices or seeking damages
When buying or selling property, timing is everything. Delays in document preparation, contract review or finance approval can lead to missed settlement dates and financial penalties. Engaging a solicitor early in the process ensures that deadlines are met, your questions are answered, and you remain in control throughout the transaction
Conveyancing also plays an important role in property development, commercial leasing, land subdivisions and family law property settlements. At Golottas Solicitors, we offer tailored legal solutions to individuals, investors, businesses and developers who require advice on a wide range of property matters. Our deep knowledge of NSW property law, combined with our practical experience, allows us to deliver efficient, cost-effective results for our clients
Below is a summary of key conveyancing stages for quick reference
| Stage | Action |
| Pre-contract | Contract preparation or review, include all required certificates and disclosures |
| Exchange | Contracts signed and exchanged, deposit paid, agreement becomes legally binding |
| Between exchange and settlement | Conduct property searches, organise finance, arrange inspections, confirm stamp duty |
| Settlement | Final payment made, legal ownership transferred, title updated through NSW Land Registry |
Conclusion
Conveyancing in NSW is a legally detailed and time-sensitive process that requires careful management to ensure a smooth property transaction. Whether you are buying or selling a home, engaging an experienced conveyancing solicitor ensures that every legal detail is handled correctly and that your interests are fully protected from contract to completion. At Golottas Solicitors, we assist clients with residential and commercial conveyancing across Sydney and Western Sydney. We offer practical legal support, responsive service and a commitment to making property transactions as simple and stress-free as possible. Contact our office today to find out how we can assist with your upcoming property transaction
