Conveyancing and the Contract of Sale: A Seller's Guide (Australia)
If you are selling your home in Australia, two things will shape the legal side of your sale: conveyancing and the contract of sale. These sound intimidating, especially for first-time private sellers, but the reality is reassuring. The legal work is handled by a professional, and it is exactly the same process whether you sell through a traditional agent or privately. Understanding what happens — and who does what — takes most of the worry out of the process.
This guide explains what conveyancing is, what a conveyancer does for a seller, what a contract of sale contains, how vendor disclosure varies by state, the timeline from listing to settlement, and roughly what it costs. It is general information for an Australian audience. Property law differs between states and territories, so you should always engage a licensed conveyancer or solicitor in your state before signing anything.
What is conveyancing?
Conveyancing is the legal process of transferring ownership of property from one person to another. For a seller (often called the vendor), it covers everything from preparing the contract of sale, to meeting your disclosure obligations, to completing the final transfer of title and money on settlement day.
Conveyancing is a specialised legal task. It is normally carried out by a licensed conveyancer or a solicitor. Both are qualified to do the work; a solicitor can also advise on broader legal matters, which can be useful for complex sales (deceased estates, disputes, or unusual title arrangements). A licensed conveyancer focuses specifically on property transactions and is often the more cost-effective choice for a straightforward sale.
What does a conveyancer do for a seller?
Your conveyancer or solicitor typically:
- Prepares the contract of sale and the required vendor disclosure documents for your state.
- Orders the necessary title searches, planning certificates, and government certificates.
- Explains the terms of the contract and any special conditions to you before you sign.
- Liaises with the buyer's conveyancer or solicitor on your behalf.
- Handles the exchange of contracts and the buyer's deposit.
- Calculates the adjustment of council rates, water rates, and any owners corporation or strata fees.
- Coordinates settlement — confirming figures, discharging any mortgage, and arranging the transfer of title and funds.
In short, the conveyancer manages the legal and administrative machinery of the sale so you do not have to. This is the same specialist doing the same job regardless of how you found your buyer.
What is in a contract of sale?
The contract of sale is the legal agreement that sets out the terms on which you are selling the property. While the exact format and required attachments vary by state, a contract of sale generally includes:
- The names of the seller and buyer and the property address and title details.
- The agreed price and the deposit amount.
- The proposed settlement period.
- What is included in the sale — fixtures, fittings, and any chattels such as appliances.
- Any special conditions, such as the sale being subject to the buyer obtaining finance or a satisfactory building and pest inspection.
- The required vendor disclosure material for your state.
Because the contract defines your legal obligations, it should always be prepared and reviewed by your conveyancer or solicitor. Never rely on a generic template downloaded from the internet.
Vendor disclosure varies by state
One of the most important — and most state-specific — parts of selling is vendor disclosure. This is the seller's obligation to disclose certain information about the property to the buyer before they commit. Getting it wrong can give the buyer rights to withdraw or claim compensation, so this is another reason to rely on a local professional. Requirements differ across the states and territories, but some well-known examples include:
- Victoria — the seller must provide a Section 32 statement (a "vendor's statement") before the contract is signed, disclosing matters such as title, planning, rates, and any known defects covered by the legislation.
- New South Wales — the contract of sale must include a set of prescribed documents, such as the title, a drainage diagram, and relevant planning certificates, before the property can be offered for sale.
- Queensland — from 1 August 2025, sellers must give buyers a Form 2 seller disclosure statement with prescribed certificates before the contract is signed.
Other states and territories have their own rules and terminology. The key point is that disclosure is a legal requirement everywhere in some form, and your conveyancer will know exactly what applies where your property is located.
The selling process: from listing to settlement
Although details vary by state, the overall journey of a private sale follows a familiar path. The table below outlines the typical stages and rough timing.
| Stage | What happens | Typical timing |
|---|---|---|
| 1. List the property | You market the home; your conveyancer prepares the contract and disclosure documents. | Before going to market |
| 2. Offer received | A buyer makes an offer; you negotiate price and conditions. | Varies |
| 3. Contracts exchanged / signed | Both parties sign; the buyer usually pays a deposit. In some states this is called "exchange". | On acceptance |
| 4. Cooling-off period | In many states the buyer has a short cooling-off window (rules and length vary; auctions are often exempt). | A few days (state-dependent) |
| 5. Conditions satisfied | Finance, inspections, and other special conditions are met; the contract becomes unconditional. | Within the agreed period |
| 6. Settlement | The balance is paid, any mortgage is discharged, and title transfers to the buyer. | ~30–90 days after exchange |
The difference between exchange and settlement
Exchange (or signing of contracts) is the point at which the deal becomes legally binding. The buyer typically pays a deposit at this stage, but ownership has not yet changed hands. Settlement is the later, final step where the buyer pays the remaining balance, any existing mortgage over the property is discharged, and legal ownership is officially transferred. The gap between the two — the settlement period — is commonly around 30 to 90 days, though it is negotiable and set out in the contract.
How much does conveyancing cost?
Conveyancing fees for a seller typically range from around $800 to $2,500, depending on the state, the complexity of the sale, and whether you use a licensed conveyancer or a solicitor. On top of the professional's fee, expect additional disbursements — the actual cost of title searches, certificates, and government fees, which vary by state.
It is worth asking any conveyancer for a full quote that separates their fee from disbursements, so you can compare like with like.
Selling privately puts you on equal footing
Here is the point that surprises many first-time sellers: conveyancing is identical whether you use an agent or sell privately. A real estate agent does not do the legal work — a conveyancer or solicitor does, in both cases. The agent simply markets the property and negotiates. When you sell privately, you still engage the same kind of licensed professional to handle the contract, disclosure, and settlement. Legally, a private seller is on exactly the same footing as one using an agent.
This is precisely where Beat The Agent removes the biggest worry first-time private sellers have. Our flat fee of $2,199 includes a conveyancing service and a dedicated sales concierge who guides you through contracts and settlement step by step. You get the professional legal work handled and a real person to answer your questions — without the traditional agent's commission. You can see exactly what is covered on our pricing page, and if you are weighing up the practical side of a private sale, our guide on how to sell without an agent walks through the rest.
Frequently asked questions
Do I need a conveyancer or a solicitor to sell my house?
In practice, yes. While some states do not strictly require you to use one, the conveyancing process involves legally binding documents and state-specific disclosure obligations. Engaging a licensed conveyancer or solicitor protects you and is strongly recommended for every sale.
When should I engage my conveyancer?
Ideally before you list the property. In several states the contract and vendor disclosure documents must be prepared before you can legally offer the home for sale, so having your conveyancer involved early keeps you compliant and ready for offers.
How long does settlement take?
The settlement period is negotiated and written into the contract. It is commonly around 30 to 90 days after contracts are exchanged, though it can be shorter or longer depending on what both parties agree to.
Is conveyancing different if I sell without an agent?
No. The legal work is the same either way and is done by a conveyancer or solicitor, not the agent. Selling privately does not change your legal obligations or the settlement process — it simply saves you the agent's commission.
Ready to sell on your own terms with the legal work taken care of? Create your free account and get started with Beat The Agent today. This article is general information only and not legal advice — always confirm the requirements for your state with a licensed conveyancer or solicitor.