A conveyancer manages the legal and administrative process of transferring property ownership from a seller to a buyer. Their role includes reviewing the contract of sale, conducting property and title searches, preparing and lodging settlement documents, liaising with your bank and other parties, calculating settlement adjustments, tracking deadlines, and coordinating the day of settlement itself.
When buying or selling a home in Perth, understanding the role of a conveyancer and what they do for buyers and sellers at each stage of the transaction helps you navigate the process with greater confidence.
So, let’s explore what a conveyancer does. Learn whether you actually need one, how a conveyancer differs from a solicitor, and what conveyancing typically costs in Western Australia.
What Is a Conveyancer? What Role Do They Play in Property Transactions?
A conveyancer is a licensed professional who manages the legal transfer of property ownership and protects their client’s interests from the day a contract is signed to the day settlement is finalised.
“Conveyancing” is the umbrella term for this entire process.
At its core, a conveyancer’s job is to make sure the legal side of your purchase or sale is handled correctly. That means the contract is sound, the title is clear, the right searches are done, and every document is lodged on time. They act on your behalf throughout, flagging anything that could put your money or your ownership at risk before it becomes a problem.
Conveyancing rules and terminology aren’t identical across Australia. Requirements, licensing bodies and even the job title itself change from state to state.
In Western Australia, conveyancers are commonly known as settlement agents, and the two terms are used interchangeably. Under WA Settlement Agent Licensing requirements, your property transaction must be handled either by:
- A licensed agent holding a current Settlement Agent Licence and triennial certificate under the Settlement Agents Act 1981
- A practising solicitor (Australian legal practitioner)
Now that you know what a conveyancer actually is, let’s look at how their day-to-day duties change depending on whether they’re acting for the buyer or the seller.
What Does a Conveyancer Do When Buying or Selling a House?
The general role of the conveyancer is the same whether it’s property sale or purchase, as they ensure that the process of legal ownership transfer proceeds smoothly for you. However, their specific responsibilities will depend on the particular side of the deal.
As a buyer, your conveyancer will be mainly preoccupied with ensuring your protection beforehand, through reviewing contracts and conducting various searches and assessments of conditions. As a seller, they will have to ensure that all your documentation and disclosures are done correctly.
Here’s how the two sides compare:
| Role of Conveyancer for the Buyer | Role of Conveyancer for the Seller |
| Review the sale contract | Prepare and manage sale documentation |
| Conduct property and title searches | Address title and ownership requirements |
| Check conditions and important deadlines | Liaise regarding mortgage discharge (if applicable) |
| Coordinate with the buyer’s lender | Liaise with the seller’s lender where required |
| Calculate settlement adjustments | Review settlement adjustments |
| Prepare for property transfer | Prepare for transfer of ownership |
| Coordinate settlement | Coordinate settlement and receipt of funds |
Once you can see how the two roles differ side by side, it’s worth going deeper into what actually happens on the buyer’s side of a transaction.
What Does a Conveyancer Do When Buying a House?
When buying a house, a conveyancer reviews the contract, conducts property and title searches, prepares and lodges documents, liaises with your lender, and coordinates settlement so the purchase goes through legally and on time. Let’s get into the detail:
Review the Contract and Explain Your Obligations
Your conveyancer reviews the contract of sale line by line before you’re locked into anything. They will assist you to understand the dates for settlement, finance, and inspection conditions, along with any other conditions that come with the sale.
Conduct Relevant Property and Title Searches
The conveyancing lawyer conducts searches to identify anything that cam impact your rights to ownership and occupation of the property such as easements, caveats, and restrictive covenants that may be on the title. Like in case of a title search, there may be an easement on part of the backyard which is very important before any renovations.
Prepare Documents and Manage Important Deadlines
From transfer documents to statutory declarations, your conveyancer prepares, checks and lodges everything the transaction requires. They keep track of every date that matters: finance approval, inspections and settlement itself.
Liaise With Banks and Other Parties
Rather than you chasing updates from three different people, your conveyancer communicates directly with your lender, the seller’s representative, the real estate agent and relevant authorities on your behalf.
Calculate Adjustments and Coordinate Settlement
During the final stages, they do the necessary adjustment calculations, which include council rates. They make sure that all money and documentation is ready and arrange for the final completion of the sale so that it passes into your ownership.
Selling a property brings a different set of priorities. So, here’s what your conveyancer takes care of when you’re the one handing over the keys.
What Does a Conveyancer Do When Selling a House?
For property sale, the conveyancer prepares the documents, checks title, arranges mortgage discharge if necessary, and facilitates settlement with the buyer’s party. They make sure the sale is done properly. Let’s have a look on each of the tasks:
Review and Manage Sale Documentation
Your conveyancer prepares and reviews the contract of sale and any disclosure documents required under WA law. They ensure that the papers reflect the agreement made between you and the buyer.
Check Title and Ownership Details
They make sure the title does not have any defects that may prevent settlement, including resolving any outstanding caveat on the title before the date of settlement.
Liaise With the Lender About Mortgage Discharge
If there is a mortgage on the property, your conveyancer coordinates with your lender to get the mortgage discharged before the settlement date.
Communicate With the Buyer’s Representative
Your conveyancer will be in charge of responding to questions raised by the buyer’s conveyancer, as well as facilitating documentation and settlement.
Calculate Adjustments and Complete Settlement
On the settlement day, they finalise the adjustments. They make sure that the funds are received to facilitate the settlement of the transaction.
Seeing buyer and seller duties broken down separately is useful. But the full picture only makes sense once you follow the transaction from start to finish.
What Does a Conveyancer Do at Each Stage of the Property Transaction?
The work of the conveyancer is spread throughout four phases: before or around signing the contract, the pre-settlement phase, the settlement phase and finally, post settlement phase.
Phase I: Prior to or at Contract Phase
Your conveyancer goes through the contract before signing and let you know all the major responsibilities that you have and the important deadlines that you need to be aware of.
Phase II: The Pre-Settlement Phase
This is where most of the work is done. The pre-settlement phase includes property and title search, document preparations, communication with lenders, etc. The conveyancing process involves monitoring as conditions get fulfilled.
Phase III: The Settlement Phase
In this phase, your conveyancer handles the settlement on your behalf. They make sure that all the requirements have been fulfilled before the transaction is processed.
Phase IV: Post Settlement
This phase takes care of all the necessary paperwork along with notifying the concerned authority, as well as giving you the settlement statement.
Conveyancer vs Solicitor: What’s the Difference?
A conveyancer specialises solely in property transactions, while a solicitor is a fully qualified legal practitioner who can handle conveyancing plus a much broader range of legal matters, including disputes, complex titles, deceased estates and family law.
| Conveyancer | Solicitor | |
| Specialisation | Property transactions only | Broader areas of law |
| Scope | Conveyancing and settlement matters | Conveyancing plus wider legal issues |
| Best suited to | Simple property transactions | Transactions involving legal complexity or disputes |
This is where Hoe Lawyers differs from most Perth settlement agencies.
As a general legal practice, our solicitors carry out conveyancing with the same legal team on hand if a title issue, contract dispute or estate complication comes up, rather than sending you off for a separate referral partway through your transaction.
Do You Need a Conveyancer to Buy or Sell a House in WA?
You’re not legally required to use a conveyancer to buy or sell property in Australia. However, property dealings are made up of legal agreements, strict time limits, and the substantial amount of money involved in settlements which make the DIY approach quite risky.
Undertaking property matters without expert assistance can lead you to make such mistakes as overlooking the deadline for finance and inspection, failure to provide all relevant documents, missing an easement or caveat attached to the title, etc.
Engaging a conveyancer gives you a clear picture of your obligations and timeline before you’re committed to anything.
When Should You Engage a Conveyancer?
Ideally, before you sign anything, even before you make an offer.
Engaging a conveyancer early means your contract can be reviewed and your obligations explained while you still have the flexibility to negotiate terms or walk away entirely. Waiting until settlement is approaching leaves far less room to fix anything that comes up.
Of course, timing is only one part of the decision. Budget is usually the other, so let’s look at what conveyancing actually costs in Perth.
How Much Does a Conveyancer Cost in Perth?
In Perth, conveyancing fees range from around $800 to $2,000 for sellers and $1,500 to $3,000 for buyers. Prices depend on many factors, including the type of real estate and complexity of the deal.
Fees usually consist of two parts:
- Fee for professional services provided by the conveyancer;
- Disbursements – third party charges. Including title searches, registration at Landgate and identity verification.
Fees charged for the buyers’ side are slightly higher than those for the sellers’ side.
FAQs About Conveyancers in Perth
- Do I need a conveyancer or solicitor when buying a house?
You can engage either a conveyancer or solicitor when buying a house. A conveyancer focuses on the transfer of property transactions. A solicitor may be involved in wider or more complex issues associated with the purchase.
- Do you need a conveyancer before making an offer?
No, however, having your contract checked prior to signing will ensure you know your responsibilities and won’t be stuck in an unfavorable situation.
- How long does the conveyancing process take?
The conveyancing process in Perth takes 4 to 6 weeks from the date of signing Offer and Acceptance contract. The duration depends on the terms of your contract, approval of financing, complexity of the deal and settlement date agreed upon.
- Is a conveyancer the same as a settlement agent in WA?
Yes. In Western Australia, both terms are identical. They are used interchangeably.
- Is it better to use a conveyancer or solicitor?
A conveyancer is the most cost-effective choice compared to solicitor for many straight property transactions. A solicitor is a better option when there are issues concerning contracts or other legal matters.
Need Legal Help with Buying or Selling Property in Perth?
Conveyancing becomes extremely significant in ensuring that the process of either purchasing or selling the property is taken care of in every legal and administrative aspect, from signing the agreement through to closing day. It becomes necessary to get the right individual on your side to ensure that the sale or purchase goes on without any hitch.
Isn’t it better to leave the task of contracts, deadline, and other paperwork to an experienced legal team while you do your moving part?
Talk to Hoe Lawyers About Your Perth Property Transaction
Hoe Lawyers is a Perth-based general legal practice offering residential and commercial property conveyancing alongside clear legal advice, professional and prompt service, and transparent costs.
Buying your first home? Selling an investment property or handling something more complex? Our specialised conveyancers are here to guide you through every stage, from contract to settlement.