What Does a Conveyancer Do When Selling a House?

What does a conveyancer do when selling a house? The work starts before the property is advertised. The contract and required disclosure must be ready for the sale method, and problems are easier to manage before a buyer is waiting for an answer.

A seller’s conveyancer or solicitor can prepare or review documents, coordinate the mortgage discharge, answer the buyer’s legal enquiries and complete settlement. The exact steps vary by state or territory.

The simplest seller timeline is: appoint your legal representative, gather property documents, prepare compliant sale material, disclose accurately, agree the contract, then coordinate discharge and settlement.

Conveyancing for sellers starts before listing

When to appoint a conveyancer for selling a house

Engage a conveyancer for selling a house before marketing or as soon as you decide to sell. In some jurisdictions, an agent cannot market or offer the property until a contract or prescribed documents are available.

Early appointment gives time to deal with:

• missing title or ownership information;
• a mortgage that needs discharge;
• company, trust or deceased-estate ownership;
• unapproved building work;
• tenancy or lease documents;
• strata or owners corporation records;
• pool, planning or compliance certificates;
• tax and clearance-certificate requirements.

Contract of sale conveyancer: preparing the legal pack

A contract of sale conveyancer or property solicitor will ask for information about the owners, title, mortgage, property, inclusions, sale method and preferred settlement.

The legal pack may include the contract, title search, plan, registered interests and disclosures required by local law. The name and form of those disclosures differ around Australia.

For example, Consumer Affairs Victoria explains that a seller needs a contract and a Section 32 vendor statement, and recommends using a legal practitioner or conveyancer to prepare them. That is Victorian guidance, not a national template.

Information to give your representative

• full legal names of all registered owners;
• property address and title details if available;
• lender and loan information;
• agent details and intended sale method;
• fixtures and items that will be included or excluded;
• tenancy, lease or licence documents;
• renovations, permits and known notices;
• strata or owners corporation information;
• preferred deposit and settlement terms;
• anything that could affect title, use or access.

Accurate disclosure is not the place for optimistic guesswork. If you do not know whether work was approved, say so and ask how it should be investigated.

PROCESS AT A GLANCE

The journey, step by step

1. 1Appoint early
2. 2Gather documents
3. 3Prepare disclosure
4. 4Issue contract
5. 5Answer enquiries
6. 6Settle

Vendor statement conveyancer and disclosure duties

“Vendor statement” is commonly associated with Victoria’s Section 32 statement, but every jurisdiction has its own sale and disclosure framework. A vendor statement conveyancer must work with the rules for the land’s location.

Disclosure may cover matters such as title interests, planning, services, outgoings, notices, building work or owners corporation information. Missing or incorrect material can delay a sale and may create rights or remedies for the buyer.

Do not copy disclosure from an old sale. Ownership, rates, registrations and notices may have changed.

Selling property conveyancer: choosing the provider

Compare providers on the work you need rather than the cheapest headline fee.

Ask:

1. Are you entitled to act in this jurisdiction?
2. Is contract and disclosure preparation included?
3. What searches and certificates are expected?
4. How are buyer amendments and enquiries handled?
5. Is mortgage discharge coordination included?
6. What triggers an additional fee?
7. Who handles urgent auction or exchange questions?

Request an itemised quote separating professional fees, disbursements, GST and possible extras. See conveyancing costs for a comparison framework.

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USEFUL FACT

Marketing a property before the legal pack is ready can delay a buyer who wants to make an offer quickly.

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PRACTICAL ADVICE

Use a known phone number to verify any request to change bank details. Property transactions are a common target for payment-redirection fraud.

Mortgage discharge should start early

If there is a mortgage on title, your lender must prepare a discharge and coordinate settlement. Lender processing times vary, and the amount required to discharge the loan affects the settlement funds.

Complete the lender’s discharge authority promptly. Tell your representative about every secured loan, guarantee or facility connected to the property. Do not assume a loan with a zero balance has automatically been removed from title.

Reviewing offers and buyer amendments

Price is only one term. A lower offer with confirmed finance and a workable settlement may be stronger than a higher offer loaded with uncertainty. Your agent can handle commercial negotiation; your conveyancer or solicitor can explain the legal effect of requested conditions.

Common buyer requests concern:

• finance approval;
• building, pest or strata reports;
• settlement timing;
• early access;
• inclusions and repairs;
• deposit amount or release;
• changes to special conditions.

Do not agree to a variation casually by message. Have legal changes documented properly.

Auction sellers need a ready contract

Auction timelines are unforgiving. The contract and disclosure should be available early enough for potential buyers to review them. If a buyer proposes changes before auction, decide with advice whether you will accept them and how the auctioneer or agent should handle the arrangement.

The seller generally does not receive a buyer-style cooling-off right after exchange. In NSW, Fair Trading guidance states that there is no cooling-off period for sellers. Confirm the rule for your jurisdiction and sale method.

ATO clearance certificate: do not leave it until settlement

For contracts signed on or after 1 January 2025, the Australian Taxation Office says the foreign resident capital gains withholding rate is 15% and the former property-value threshold has been removed.

Australian resident vendors generally need to provide an ATO clearance certificate to the purchaser by settlement to prevent withholding. The ATO says:

• processing can take up to 28 days;
• the certificate is valid for 12 months;
• each vendor applies separately;
• the entity holding legal title is the entity that applies.

Your conveyancer may help with the transaction process, but complex residency or tax questions should go to an accountant or tax lawyer.

From exchange to settlement

Once the contract is binding, the seller’s representative tracks conditions and dates, responds to legal enquiries, coordinates with the lender and prepares settlement figures.

Settlement adjustments

Council rates, water, rent, land tax or strata levies may be adjusted under the contract. The settlement statement shows how the purchase price is converted into the amount paid at settlement.

Final inspection and property condition

The buyer may conduct a final inspection shortly before settlement. Keep the property in the condition required by the contract and leave included items in place. If damage or another issue arises, tell your representative promptly.

Electronic settlement

PEXA is used by participating lawyers, conveyancers and financial institutions to complete electronic transfers, mortgages and discharges. Your representative and lender coordinate the workspace; you must provide documents and verified instructions on time.

Stage	Your role	Conveyancer or solicitor role
Before listing	Provide title, mortgage, ownership, tenancy and renovation information	Prepare the contract and jurisdiction-specific disclosure material
Offer or auction	Review commercial terms with the agent and decide what to accept	Explain legal amendments, settlement dates and special conditions
Before settlement	Complete discharge, tax and identity requests and prepare the property	Answer buyer enquiries, calculate adjustments and coordinate the lender
Settlement	Provide verified payment directions and vacate as agreed	Complete electronic settlement, discharge the mortgage and account for proceeds

Seller settlement checklist

Before contracts are signed

• Appoint the conveyancer or solicitor.
• Provide ownership and mortgage details.
• Gather permits, leases and strata information.
• Confirm inclusions and exclusions.
• Review the draft contract and disclosure.
• Apply early for the ATO clearance certificate where applicable.

After exchange

• Complete mortgage discharge paperwork.
• Track buyer conditions and settlement dates.
• Respond to document requests promptly.
• Keep insurance and the property maintained.
• Confirm moving and vacant-possession arrangements.
• Verify payment instructions using a trusted phone number.

Before settlement

• Remove excluded goods and rubbish.
• Leave included fixtures and keys as agreed.
• Check the settlement statement.
• Confirm the destination for net sale proceeds securely.
• Wait for settlement confirmation before assuming completion.

Common seller mistakes

Marketing before the legal documents are ready

This can compress review time and expose missing information when buyers are already interested.

Assuming the agent handles legal disclosure

The agent manages marketing and negotiation. Legal preparation and advice belong with an appropriately qualified professional.

Forgetting tax timing

The ATO clearance certificate, CGT advice or GST treatment may need attention well before settlement.

Sending bank details by ordinary email without verification

Property settlements are targeted by payment-redirection scams. Follow the provider’s secure process and independently verify changes.

When a seller may need more than routine conveyancing

Tell the provider if the property is owned by a company or trust, forms part of a deceased estate, is subject to a family-law arrangement, has a commercial lease, includes a business sale or may involve GST. These issues can affect who has authority to sign and what advice is needed.

A selling property conveyancer may coordinate the transfer while a solicitor or accountant handles the connected issue. Ask who owns each task and whether the settlement date is realistic.

Questions to ask before signing the agency agreement

The agent’s agreement and the land sale contract are different documents. Before marketing begins, align the practical details:

• Are the legal sale documents ready?
• Which fixtures and chattels are included?
• Is the property sold with vacant possession or a tenancy?
• Who can approve contract changes?
• What settlement range is workable for the lender and your next move?
• How will offers and proposed conditions be sent to your legal representative?

This small coordination step helps prevent the advertisement, agent conversation and legal contract from saying different things.

QUICK SELF-CHECK

Test what you have learned

Answer all three questions, then check your score. This quiz is educational and is not legal advice.

1When should a seller appoint a conveyancer?

Before or early in the listing process Only after settlement

2Does the sales agent replace legal disclosure advice?

No Yes

3Should mortgage discharge start early?

Yes No

CHECK MY SCORERESET QUIZ

COMMON QUESTIONS

Frequently asked questions

Do I need conveyancing before listing my property?

Often, yes. The required contract and disclosure framework depends on the jurisdiction. Early preparation also reduces delays when an offer arrives.

Can the buyer and seller use the same conveyancer?

Conflict rules apply and the parties’ interests can diverge. Independent representation is common. Ask the professional to explain whether they can act and what happens if a conflict arises.

Who prepares the contract of sale?

The responsible professional varies with the jurisdiction and service model. Use an appropriately authorised conveyancer or solicitor, not a generic document copied from another transaction.

What if there is an unapproved renovation?

Tell your representative before marketing. The issue may affect disclosure, buyer enquiries, insurance, valuation or negotiations. Council, building or specialist advice may be needed.

When will I receive the sale proceeds?

Net funds are usually distributed after settlement once the lender, adjustments and transaction expenses have been dealt with. Confirm timing and verified bank details with your representative.

Find a seller conveyancer

Compare conveyancers by jurisdiction, seller experience, document scope, availability and total quote. Conveyancers Australia helps users connect with providers; it does not prepare the contract or give legal advice.

Sources and further reading

• Consumer Affairs Victoria: Conveyancing and contracts for sellers
• NSW Government: Conveyancing for buyers and sellers
• ATO: Capital gains withholding clearance certificate
• PEXA: PEXA Exchange

This article provides general information only. Seller obligations and transaction documents vary by jurisdiction.