Licensed Conveyancer vs Solicitor: Who Should Handle Your Property Transaction?
Published October 2026
When you buy or sell property in NSW, you’ll need someone to handle the legal side of the transaction: reviewing or preparing the contract, managing the deposit, calculating settlement figures and completing the transfer. That person can be a licensed conveyancer or a solicitor. Both are qualified to do the work, so what’s the difference, and does it matter which you choose? This post explains how each is regulated, what each can do, and when you might need one over the other.
The Short Answer
For most home purchases and sales in NSW, either will do the job. The NSW Government says conveyancers and solicitors are equally qualified to do conveyancing. Conveyancers specialise in property transactions. It’s all they do, day in, day out. Solicitors, on the other hand, can work across any area of law, and for many of them conveyancing is one part of a broader practice.
A licensed conveyancer is usually the practical choice for a standard purchase or sale, including for first home buyers. If your sale or transfer is part of a separation or court proceedings, you’ll also need a solicitor to advise you on the legal side, but the property transaction itself can still be handled by an experienced conveyancer working alongside them.
Both Can Do Your Conveyancing
The work is the same whichever you choose: reviewing or preparing the contract, making searches and enquiries, advising you on your obligations, calculating adjustments, arranging electronic settlement and lodging the transfer.
Most licensed conveyancers hold an unrestricted licence, which covers residential, commercial and rural property.
How Licensed Conveyancers Are Regulated
Conveyancers are licensed by NSW Fair Trading under the Conveyancers Licensing Act 2003. To hold a full licence, a conveyancer needs recognised conveyancing qualifications and at least two years of practical experience. Licensed conveyancers must also:
hold professional indemnity insurance, which protects you if a mistake is made
complete ongoing professional development every year
contribute to the Property Services Compensation Fund, which you may be able to claim from if a conveyancer is dishonest with money you’ve entrusted to them.
How Solicitors Are Regulated
Solicitors are admitted to the legal profession and hold a practising certificate issued by the Law Society of NSW. Like conveyancers, they must hold professional indemnity insurance, and money held in a solicitor’s trust account is protected by the Legal Practitioners Fidelity Fund.
The main difference is scope. A solicitor can act in any area of law, not only property: going to court, running disputes, family law, wills and estates, and more. Some solicitors specialise in property; for others, conveyancing is one part of a broader practice.
Selling? Your Contract Comes First
In NSW, a residential property can’t be offered for sale until a contract has been prepared, and the draft contract must be available for inspection at the agent’s office. The contract must include a title search, drainage diagrams, a planning certificate from the local council and copies of any easements or covenants affecting the land.
So if you’re selling, engage your conveyancer or solicitor before the property goes on the market, not after a buyer is found. Either can prepare the contract.
Does Your Conveyancer Need to Be Local?
No. Most NSW settlements now happen electronically through PEXA, and contracts, ID checks and signing can all be done online. That means you can choose a conveyancer from anywhere in NSW, whether you’re buying in Newcastle, on the Central Coast or out west. What matters more is their experience with your type of property and how easy they are to reach.
When You Might Also Need a Solicitor
For most residential purchases and sales, a licensed conveyancer is all you need. Some matters raise legal questions beyond the property itself, and that’s when a solicitor comes in. Even then, the solicitor doesn’t have to do the conveyancing. Often the smoothest approach is a solicitor handling the legal advice and an experienced conveyancer handling the sale or transfer.
Separation and family law property settlements. If you and your former partner are selling a property, or one of you is transferring it to the other, your family lawyer advises you and formalises the agreement, for example through consent orders or a binding financial agreement. The sale or transfer itself is conveyancing. Cathie has handled many of these, working with each party’s lawyers to carry out the agreement and make sure the proceeds are paid out as it requires.
Court-ordered sales and transfers. Where a court orders a property to be sold or transferred, a solicitor runs the court side. Cathie has a lot of experience completing sales and transfers that are part of court proceedings, working to the terms and timeframes the orders set.
Disputes. If the transaction itself turns into a dispute, for example the other party refuses to settle and it heads to court, you’ll need a solicitor.
Contested or complicated deceased estates, where a solicitor advises the executor or the beneficiaries.
Complex structures, such as trusts, company purchases or tax planning (for tax, you’ll need your accountant too).
A good conveyancer will tell you early when part of your matter needs a solicitor, and work alongside your solicitor or accountant so the property side runs smoothly.
How to Choose
Whoever you choose, it’s worth asking:
Are you licensed or admitted? You can check a conveyancer’s licence with the NSW Government’s licence check, or find a solicitor through the Law Society of NSW.
How much of your work is conveyancing? Experience with the type of property you’re buying or selling matters, whether it’s a strata unit, an off-the-plan purchase or a rural block.
What’s included in the fee? Ask for a written quote that sets out the professional fee and the likely disbursements (searches, certificates and government fees), and check whether the fee is fixed or charged by the hour.
Who will actually handle my matter, and how easy will they be to reach?
Common Questions
Should a first home buyer use a conveyancer or a solicitor?
For a standard purchase, a licensed conveyancer is usually all you need. Make sure they’ll also handle your transfer duty and any First Home Buyers Assistance Scheme concession with Revenue NSW, so it’s all lodged in time for settlement.
Is a conveyancer cheaper than a solicitor?
Not necessarily. Fees vary from practice to practice, whichever you choose. Compare written quotes that show the professional fee and the disbursements side by side.
We’re separating. Do we need a solicitor to sell our home?
You’ll need a family lawyer to advise you and formalise how the property is divided, but the sale or transfer itself can be handled by a licensed conveyancer working with your lawyers. Look for a conveyancer with experience in property settlements under consent orders or a financial agreement.
Can the same conveyancer act for both the buyer and the seller?
No. Each party needs their own conveyancer or solicitor, because acting for both sides would be a conflict of interest.
About ConveyAbility
ConveyAbility is a licensed conveyancing practice based in Queenscliff on Sydney’s Northern Beaches, led by Principal Cathie Mascord, a licensed conveyancer with over 11 years’ experience and a member of the Australian Institute of Conveyancers (NSW Division). We act for buyers and sellers across all of NSW on a fixed-fee basis, with everything handled remotely by phone, email and online signing. Cathie also has extensive experience with sales and transfers that are part of a separation or court proceedings, working alongside clients’ family lawyers and solicitors. Get in touch for a fixed-fee quote.
This post is general information, not legal advice. Information checked as at 9 October 2026.
ConveyAbility — 100 Queenscliff Road, Queenscliff NSW 2096