In Queensland, conveyancing must be provided by a law practice, with the legal work done by or under a solicitor's supervision. Queensland does not license standalone conveyancers. In other states, a licensed conveyancer may handle a property transfer within the scope permitted there.
Who can provide conveyancing in your state?
What does a conveyancer do?
A conveyancer is a legal professional who specialises in executing property transactions, i.e. conveyancing.
The distinction depends on your state. For a Queensland purchase, appoint a solicitor or law practice; a conveyancing clerk may assist under supervision. Elsewhere, check the conveyancer's licence and permitted scope.
Conveyancers usually do the following tasks:
- A solicitor can explain the contract, advise on amendments and identify legal issues affecting your purchase. Ask what advice and searches are included, and what happens if a dispute arises.
- Giving legal advice. Conveyancers are licensed to prepare and offer legal advice on the contract, explaining any implications of certain clauses. According to the Australian Institute of Conveyancers, conveyancers, like solicitors, have indemnity insurance for offering this advice.
- Making inquiries about the title and zoning of a property. Conveyancers also analyse flooding reports and council approvals, which are all vitally important when buying a property.
- Preparation of settlement papers. A conveyancer will arrange many things, including a settlement date. They will also give you a breakdown of the funds to complete, i.e.the monies that will be paid out to relevant parties on settlement. They also ensure your biggest asset (your property) is transferred in your name correctly.
A conveyancer deals with all parties related to the purchase of a property: real estate agents, banks, mortgage brokers, the seller's solicitors, the bank's solicitors, the state revenue office (the Queensland Revenue Office here), local councils, buyers agents and any other related stakeholders. A great conveyancer will take the time to talk to you and explain things every step of the way.
Check that the professional is authorised and experienced in the state where you are buying. State requirements differ, so local knowledge can help them identify the relevant searches, deadlines and contract issues.
We recommend the following conveyancers in Brisbane and Queensland:
- KV Conveyancing
- Phone: 0419 220 226
- Email: kylie@kvconveyancing.com.au
- www.kvconveyancing.com.au
What does a lawyer do?
A conveyancer authorised in the relevant state focuses on property transfers within their permitted scope. A solicitor can also advise on broader legal matters and disputes.
Property experience matters in either case. Ask how often the provider handles purchases like yours.
Read more: 5 simple steps to settlement.
Qualifications
A solicitor must be admitted to practice and hold the required practising authority. That does not mean every solicitor specialises in property law. Check their conveyancing experience and who will supervise your file.
Outside Queensland, conveyancers complete a conveyancing qualification and supervised practical experience before they can apply for a licence. Conveyancers are licensed or registered by their state regulator, and the requirements differ from state to state. Membership of the Australian Institute of Conveyancers is voluntary.
What are their fees and costs
How much does a lawyer charge?
A solicitor may quote a fixed conveyancing fee, an hourly rate or a combination. A licensed conveyancer's quote also depends on the work included. You cannot infer the total cost from the job title.
How much does a conveyancer charge?
Ask for a written quote covering professional fees, GST, searches and disbursements. Costs vary by state, property and complexity. Confirm the additional charges for contract amendments, a failed purchase or a dispute.
Before you hire a conveyancer, you can ask the following questions so you aren't blindsided by extra costs:
- What are your fees and charges?
- What will I have to pay at settlement?
- Are there any other additional costs?
Check contract review and response times
Ask whether the provider can review the contract before your offer or signing deadline. Turnaround depends on the file and workload, not simply whether the provider is a solicitor or licensed conveyancer.
Before signing
- Give the provider the contract, property details and your deadline. Ask when you can expect advice.
- If the contract contains unusual conditions or the transaction is complex, allow time for questions and amendments.
During negotiations
- Confirm who will respond to contract changes and how to reach them for an urgent deadline.
- Ask whether amendments and further advice are included in the quote or charged separately.
When delays happen, who handles them better?
Delays usually occur when:
- A seller refuses to adjust contract terms
- Council searches or bank approvals take longer than expected
- Disputes arise near settlement
In these situations:
- In a state that licenses conveyancers, ask when an issue falls outside the provider's permitted scope and requires a solicitor.
- For a Queensland purchase, ask your law practice who will advise on disputes, notices and extensions, and whether that work has additional fees.
Should I use a solicitor or a conveyancer?
Start with the state's rules, then the contract and property risks. For a Queensland purchase, use a law practice even when the transaction appears straightforward.
Look at your transaction type
- Outside Queensland, a licensed conveyancer may suit a straightforward transaction within their permitted scope. A solicitor can advise on broader legal issues or disputes. Confirm authorisation and the work included.
- Off-the-plan purchase: ask your solicitor to review developer conditions, completion timing and any rights if plans change.
- Subdivision or land with easements: These deals involve planning approvals and council conditions. A solicitor can step in if legal issues appear.
- Family transfer: ask about duty, grant eligibility, valuations and how the contract should be documented.
- Risk of disagreement: If you suspect any dispute over boundaries or inclusions, you'll want legal backup ready from day one.
Consider your budget flexibility
- Budget: ask for a complete written quote, including searches and additional-work charges.
- Complexity: ask whether disputes or further advice are included or will be billed separately.
Think about ongoing support
- Ongoing contact: confirm who manages the file and how to reach them before a deadline.
- Escalation: ask who advises on a breach, delay or dispute, and what extra costs may apply.
Assess your risk comfort level
- Scope: choose an authorised provider whose permitted work covers the transaction.
- Risk: have the relevant contract and property issues assessed; no provider can remove every uncertainty.
Final takeaway
For a Queensland property, choose a solicitor or law practice with relevant conveyancing experience. The need for a law practice does not disappear for a simple purchase.
In other states, assess a licensed conveyancer's permitted scope against the transaction. If there are disputes or broader legal issues, ask whether you need a solicitor.
Check to see if you are eligible for a home loan
What to ask for different purchases
Still unsure who should handle your contract? Match your situation below to make a confident decision.
Scenario | Best Choice | Why It Works |
You're a first home buyer purchasing a standard house or unit | Conveyancing expert | For a straightforward purchase outside Queensland, a licensed conveyancer may be suitable within their scope. Compare their quote and availability with a property solicitor's. In Queensland, appoint a law practice. |
You're buying off-the-plan or a property with a body corporate | Property solicitor | They review complex clauses and explain long-term risks before you commit. |
You're buying with a partner, family member or during separation | Property solicitor | They set up ownership structures correctly to protect both parties. |
You're purchasing with a guarantor (e.g. using Mum and Dad's equity) | Property solicitor | A guarantor should obtain independent legal advice about the guarantee, including how their property is exposed if the borrower cannot repay. Legal advice does not remove that financial risk. |
You're subdividing or planning to build on land | Property solicitor | They manage zoning laws, council approvals and development conditions. |
You're buying interstate or in a different legal jurisdiction | Property solicitor | Check the provider's current authorisation in your state, property experience and who will supervise the work. |
What are the laws regarding conveyancing?
The conveyancing process varies from one state to another in terms of time requirements, fees, regulations, forms, local laws, and government departments.
Every state follows similar steps, but the details vary.
However, every conveyancing and law firm is required to meet the minimum professional standards and regulations of the local legal entities.
What are the laws in Queensland?
Queensland doesn't license conveyancers. Conveyancing is legal work here, so only a solicitor or law practice can provide it. Conveyancing clerks can do much of the day-to-day work, but under a solicitor's supervision, and the practice must hold professional indemnity insurance. The Legal Services Commission has prosecuted businesses that offered conveyancing without being a law practice.
So in Queensland, whoever handles your file works for a law practice. Ask who the supervising solicitor is and what the fixed fee covers.
Queensland also has a standardised contract which was created by the Real Estate Institute of Queensland (REIQ). This means that if an agent uses this contract outside the special conditions, the contract remains the same no matter the agent or property. It makes contracts easier to compare, but special conditions still vary, so have your solicitor review the contract before you sign.
What about the other australian states?
In other states, such as Tasmania, Northern Territory, Western Australia, South Australia, Victoria, or New South Wales, it is either a licensed conveyancer or a lawyer who offers conveyancing services.
However, it is important to understand that the conveyancer cannot give any advice unrelated to conveyancing.
Bonus: other things to consider
Before hiring a legal professional, keep the following things in mind so you can make a well-informed decision:
- Check the provider's qualifications, permitted scope and professional indemnity cover. Ask what any free initial advice includes and whether further work attracts a fee.
- Do not use price alone as a measure of quality. Compare the scope, exclusions, experience and response arrangements in writing.
- Compare qualifications, experience, scope of work and the total fee. An incentive or discount alone does not tell you whether a provider is suitable.
Make sure you keep all these factors in mind when choosing a conveyancer, as it will help you execute the transaction smoothly.
Bonus: can I do the work of a conveyancer myself?
You can research the property yourself, but legal deadlines and contract rights need separate attention. Ask a solicitor to review the terms before signing, especially if you are considering doing any settlement work yourself.
A DIY kit does not replace advice about your contract, searches or state rules. Check what tasks you can lawfully undertake and what a law practice must handle.
Professional conveyancing can help identify title, approval and other issues before settlement. Ask which searches and advice the fee includes; paying a fee does not guarantee that every risk will be found.
Bonus: what conveyancing searches should I do?
Your conveyancer will conduct many searches, and this is why we strongly advise you don't do it yourself because one search may take you a long time. Some of the searches conducted by a conveyancer include:
- Title search. You should not buy a property without this search. The title search shows you who the registered owner is and if any caveats need to be removed before settlement. Ideally, this search should be done twice: first when you sign the contract and second, on the morning of settlement.
- Registered plan search. This shows you the boundary of the land and where exactly it is situated on the street. This prevents issues of a vendor selling you part of their neighbour's property.
- Easements and encumbrance search. Easements are created from a need to access your land. For example, the city council may need to access your land to maintain a manhole. Consequently, you will never be able to build over that manhole. So your conveyancer needs to conduct this search, especially if one of the reasons you are buying the property is to build a nice man cave in the back.
- Land Tax search. This search shows whether or not there is any outstanding land tax on the property. If you don't do this search, any outstanding land tax amount will be passed onto you as the buyer.
- Rates search. This search will show you how much you can expect to pay in rates per quarter or year. This is important because you may think you have found a bargain and then end up having to pay high rates every month. Rates search will also show whether the seller has paid all their rates. If they haven't, you can get them to pay for any outstanding rates. This search is also useful for adjustments so that the vendor is responsible for the rates until the settlement date, and then the responsibility goes to you after settlement.
- Special water meter reading. In this case, the council representative will check the water meter as close to settlement as possible so that water usage can be adjusted at settlement. This is good to have in case there is a water leakage, in which case the seller has to pay for the additional water usage caused by the leakage.
- Flood search. This is important as it will show you if the property has been flooded before and, if so, what level the water reached. With increased climate change, insurance companies are now wary of insuring properties prone to disasters.
- Transport and main roads search. This will show whether the state government plans road or rail works near your house. Imagine ten years from now having a noisy highway just outside your backyard. This will also reduce your property value.
- Contaminated land searches: check the Environmental Management Register and Contaminated Land Register. Ask your solicitor about disclosure, contract rights and deadlines if a listing is found; do not assume you can automatically terminate.
- Pool safety register search. If the property you are buying has a pool, you can use this search to ensure a pool safety certificate has been issued, provided the pool safety certificate was not provided with the contract.
- Minor civil dispute search. This will help you determine if the seller is currently in the Queensland Civil and Administrative Tribunal (QCAT) disputing things like trees and fences.
Ask your solicitor which searches against the seller or relevant assets are needed. Bankruptcy, court proceedings or security interests may require further advice; a personal property securities search is not a substitute for a land title search.
The number of searches you conduct depends on the conveyancer you have hired, the type of property you are buying, and your future plans.
Would you like to learn about your situation?
Summary: the main differences
Lawyer | Conveyancer | |
Scope | Property and broader legal advice | Property transfers within permitted scope |
Price | Check fixed or hourly quote | Check fees and exclusions |
Type of property transaction | Straightforward or complex | Within permitted scope; not standalone in Qld |
A solicitor can provide property and broader legal advice. A licensed conveyancer's work is limited by state rules, and Queensland requires a law practice. Choose based on authorisation, relevant experience, scope and the written quote.
Lawyer and conveyancer frequently asked questions
Next steps and getting your home loan approved
We can help organise your home loan and coordinate finance timing with your legal representative. Ask your solicitor to review the contract before you sign.
If you want to get started, please give us a call on 1300 088 065 or book a free assessment online to see how we can help.
