Conveyancer vs Solicitor When Buying a Home in NSW

When you're buying property in NSW, you'll need a licensed professional to handle the legal side of the transfer — reviewing the contract, conducting searches, managing settlement, and registering you as the new owner. That person is either a licensed conveyancer or a solicitor (lawyer) with property experience.

Most first home buyers in Sydney use a conveyancer. Here's why — and when you might want a solicitor instead.

What Is a Conveyancer?

A licensed conveyancer is a specialist in property transfer law. In NSW, they are licensed under the Conveyancers Licensing Act and are permitted to handle all standard residential property transactions. They cannot advise on matters outside property conveyancing — tax law, family law, estate disputes — but for a standard purchase, they do everything needed.

What Is a Solicitor?

A solicitor (or property lawyer) is a fully qualified lawyer who can handle property transactions plus a wider range of legal matters. In a standard purchase, a solicitor does the same work as a conveyancer — but you're paying for broader qualifications you likely won't use.

What They Both Do for You

• Review the contract of sale before you sign
• Advise on any unusual terms, easements, or encumbrances
• Conduct property title searches and council searches
• Check for outstanding rates, land tax, or strata levies
• Prepare transfer documents
• Coordinate with your lender and the vendor's representative
• Manage settlement — ensure all funds transfer and title is registered

Cost Comparison

Provider	Typical Fee Range (NSW)	Inclusions
Licensed conveyancer	$800 – $1,800	Standard searches, settlement, title registration
Property solicitor	$1,500 – $3,000+	Same as above, plus broader legal capacity
Online/fixed-fee conveyancer	$550 – $1,200	Suitable for straightforward purchases

Disbursements (searches, government fees) are charged separately on top of professional fees — typically $300–$800.

When to Use a Solicitor Instead

• Purchasing in a family trust or company structure
• Complex off-the-plan contracts with unusual special conditions
• Property with development approval or zoning disputes
• Purchase involves a deceased estate
• You need advice on stamp duty exemption eligibility (legal opinion)
• Purchase involves a matrimonial property settlement

What to Ask Before Hiring

• Are you licensed in NSW? (confirm ASIC or NSW Fair Trading registration)
• Is your fee fixed or hourly? What's included?
• Do you handle electronic settlement (PEXA)?
• How do you communicate — phone, email, online portal?
• How quickly can you turn around a contract review?
• What happens if settlement is delayed — any extra fees?

The Contract Review: Why It Matters Before Exchange

Exchanging contracts is legally binding. Your conveyancer or solicitor should review the contract before you sign — not after. In NSW you have a 5-business-day cooling-off period after exchange (with a 0.25% penalty if you withdraw), but it's always better to identify issues before being locked in.

Common issues a good conveyancer catches:

• Easements affecting development potential or extensions
• Section 88B restrictions limiting use of the land
• Outstanding council notices or orders
• Vendor retaining fixtures or fittings not listed
• Special conditions favouring the vendor's timeline

Frequently Asked Questions