Frequently Asked Questions
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In NSW, a Licensed Conveyancer is fully qualified to handle all conveyancing work — the legal process involved in buying, selling or transferring property. You do not need a solicitor. Licensed Conveyancers are specialists in property law, regulated under the Conveyancers Licensing Act 2003 (NSW). If a dispute arises that requires litigation, a solicitor would be needed — but this is rare in a standard conveyancing matter.
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A solicitor is a general legal practitioner who can advise on many areas of law. A Licensed Conveyancer specialises exclusively in property law and conveyancing. Because property transactions are all we do, we typically have deeper practical knowledge in this specific area than a generalist solicitor — and we are usually more cost-effective for a standard conveyancing matter.
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Your conveyancer manages the legal transfer of property from one person or entity to another. This includes reviewing or preparing the Contract for Sale, conducting title searches, advising on any issues with the property, liaising with your bank, preparing transfer documentation, calculating settlement figures, and attending to settlement — which in NSW is almost always now conducted electronically through the PEXA system.
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The time between exchange and settlement is agreed by the parties and is typically 42 days (six weeks) for residential property in NSW, though it can be shorter or longer. Contract preparation for vendors generally takes a few business days once we have all the information required. We always work to the agreed timeline and will alert you well in advance if anything might affect settlement.
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For private treaty residential sales in NSW, the purchaser has a 5-business-day cooling off period after exchange of contracts. During this period, the purchaser may withdraw from the purchase but will forfeit 0.25% of the purchase price.The cooling off period does not apply to properties sold at auction or under auction conditions. A purchaser can also waive the cooling off period by having their conveyancer or solicitor provide a Section 66W certificate — sometimes required when competing with another offer or when a vendor requires certainty in a short timeframe. We will advise you before any decision is made.
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Your conveyancer coordinates with all parties — your bank, the other party’s conveyancer or solicitor, Revenue NSW and the NSW Land Registry Service via the PEXA workspace. The remainder of the purchase price is paid, any mortgage is discharged, and the transfer of title is lodged with NSW Land Registry Services. You do not need to attend yourself — we handle everything and notify you the moment settlement is complete.
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A Section 10.7 planning certificate is issued by the local council and discloses zoning and planning information affecting the property — including development restrictions, flood or bush fire prone land notations, and other overlays. It is a mandatory attachment to every residential Contract for Sale in NSW. As a vendor’s conveyancer we obtain it when preparing your contract; as a buyer’s conveyancer we review it so you understand any planning implications.
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PEXA (Property Exchange Australia) is the electronic conveyancing platform through which most NSW property settlements and transfers are now conducted. Rather than parties attending a settlement room with physical documents and bank cheques, everything is coordinated digitally in a secure online workspace. It makes settlement faster, more accurate and reliable, and significantly reduces the risk of last-minute delays.
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ConveyAbility charges a fixed professional fee — you will know your costs from the very beginning of your matter. In addition, there are disbursements (third-party costs such as title searches, planning certificates, Revenue NSW fees, NSW Land Registry Service fees and PEXA fees) which we will outline upfront. For a specific quote, please see our Fees page or contact us directly. Our Fees
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Transfer duty (often referred to as stamp duty) is a NSW government tax payable by the purchaser on most property purchases. The amount depends on the purchase price or, in some cases, the value of the property. First home buyers may be eligible for exemptions or concessions under the First Home Buyer Assistance Scheme. We will advise you of the transfer duty applicable to your purchase and arrange for the duty to be processed via the Revenue NSW online platform, usually as part of the settlement process.
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No. A conveyancer cannot act for both parties in the same transaction — this is a conflict of interest prohibited by our professional rules. Each party should have their own independent legal representation in a standard property purchase of sale.
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Not at all. We are based in Queenscliff on Sydney’s Northern Beaches, but we act for clients across all of NSW. Electronic conveyancing means location is not a barrier. We regularly assist clients in metropolitan Sydney, regional NSW, and interstate buyers purchasing NSW property. We even assist clients who are based overseas.
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A building and pest inspection is not a legal requirement, but it is strongly recommended for buyers of houses, townhouses and freestanding properties. It gives you a professional assessment of the property’s structural condition and identifies any pest activity before you are committed to the purchase. For strata properties, a strata inspection report serves a similar purpose. We are happy to suggest inspection services if you need a recommendation.
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If you are buying a strata property, a strata inspection report reviews the owners’ corporation records — the Administration and Capital Works Fund fund balances, outstanding levies, building defects, major repairs undertaken or required, insurance details, and minutes of recent meetings. It gives you a clear picture of the financial and physical health of the building before you commit. We strongly recommend obtaining and reading one prior to exchange.