Choosing property advice across Australia
Conveyancer or solicitor in Australia?
Choose property advice around the contract, the property jurisdiction and the legal questions you need answered. Speak to a suitable professional before signing so you understand the obligations you may be taking on.
Aquarius Lawyers confirms the proposed work, boundaries and likely third-party charges in writing before work begins.
- Jurisdiction
- The property's state or territory
- Legal questions
- The contract and ownership arrangements
- Deadline
- When you are being asked to sign
. General information for property across Australia. For the local professional-role comparison, read our NSW conveyancer and solicitor guide.
Professional scope depends on your matter and jurisdiction.
Conveyancing concerns the legal steps in a property purchase, sale or transfer. A conveyancer may suit a transaction that fits their permitted work and agreed scope. Where licensed conveyancers practise, licensing arrangements and permitted work depend on the state or territory. Check the relevant local requirements and the practitioner's authority to handle your matter.
A solicitor is a lawyer who may undertake conveyancing and provide broader legal advice within their practice and agreed scope. A transaction involving a dispute, an ownership structure or another legal issue may need that broader advice. Being a lawyer does not mean every specialist task is included in a conveyancing quote.
Ask each professional which documents and legal questions they will address, what is excluded and when they will refer you to another practitioner. Compare professional fees, GST and likely third-party charges against that written scope.
Get advice before signing a property contract.
A signed contract can create binding obligations. The point at which you become bound and any rights to withdraw depend on the contract, transaction stage and the property's jurisdiction. Do not assume that later amendments, a cooling-off right or finance failure will let you leave the contract.
Advice before signing helps you understand the terms, identify checks and decide whether to seek protective conditions while there is still an opportunity to negotiate. A professional can explain the legal consequences of your proposed decision within the confirmed engagement. If you have already signed, explain that immediately and provide every relevant deadline.
For a NSW property, our NSW property contract review guide explains what to send when asking about review scope before exchange or an auction.
When to ask about broader legal advice.
Tell the adviser about these issues before signing. Each can change the advice, documents or work your transaction needs.
Negotiated terms or protective conditions
Ask for advice if you want to change the contract or need a protective condition about finance, inspections, access or settlement. A lawyer can explain the effect of the proposed wording and negotiate within the agreed scope. Have any agreed change recorded in the contract before you sign. A verbal assurance or a request made later may not protect you.
Ownership shares with a co-buyer
If you are buying with someone else, clarify each co-buyer's ownership share and how the property will be held. Contributions, survivorship and what happens if one owner wants to sell can raise different legal questions. Ask whether a separate co-ownership agreement or other advice is needed before committing to the purchase.
Company, trust or SMSF ownership
Buying through a company, a trust or a self-managed superannuation fund (SMSF) needs care about the correct purchaser, authority to sign and the ownership structure. The contract may also interact with trust documents, borrowing arrangements, tax or superannuation rules. Ask a suitable lawyer which legal work is included and whether separate tax or financial advice is required before the purchaser is named or the contract is signed.
Off-the-plan, commercial or estate matters
An off-the-plan purchase can raise questions about completion dates, changes to the property and rights under the contract. Commercial property may require advice on leases, business use and due diligence. An estate sale or transfer may require confirmation of the executor's authority and estate documents. Explain the particular matter so a lawyer can confirm the relevant advice and any separate work.
Property records, occupation and intended use
A lease may affect occupation or vacant possession, while strata records can raise questions about by-laws, levies and common property. Easements and boundary issues may restrict access or reveal a mismatch with what you expect to buy. Check approvals for buildings or alterations and whether planning or land-use restrictions allow your intended use. These issues may need legal advice as well as a survey, inspection or advice from another specialist.
Finance, deadlines, defects or a contract breach
Raise concerns about final finance approval, settlement deadlines or property defects before you commit. Ask how the actual contract deals with each concern and what happens if you or the other party breaches a term. If finance fails or a defect appears after signing, you may still have binding obligations. Get advice promptly about your rights, notices and deadlines rather than assuming you can cancel or delay settlement.
Independent advice on financial documents or a binding financial agreement
A lender or another party may ask you to obtain independent legal advice on financial documents, such as a guarantee. A binding financial agreement raises separate family-law questions and requirements for independent advice. These matters may need a suitable practitioner and a separately confirmed scope. Do not assume that an ordinary conveyancing engagement includes them or that the same lawyer can advise everyone involved.
Common questions
Questions about conveyancers and solicitors.
Check the advice you need, the property's jurisdiction and the agreed scope before choosing your representative.
What is the difference between a conveyancer and a solicitor in Australia?
A conveyancer focuses on property transfer work within the permitted scope in the relevant jurisdiction. Where licensed conveyancers practise, licensing arrangements and permitted work depend on the state or territory. A solicitor is a lawyer who may also provide broader legal advice within their practice and agreed scope. Check the practitioner and the work included for your property.
When should I speak to a lawyer before signing a property contract?
Speak to a suitable lawyer before signing if you need negotiated conditions, unusual ownership arrangements or advice about property restrictions, finance, defects or a possible breach. Off-the-plan, commercial and estate matters can also raise wider legal questions. Send the complete contract and your deadline so the available advice can be confirmed.
Can I change or leave the contract after I sign?
A signed contract can create binding obligations. Do not assume the other party will agree to later amendments, that a cooling-off right applies, or that finance failure lets you leave. Your rights depend on the contract, transaction stage and the property's state or territory. Get advice before signing and promptly if a problem arises afterwards.
Does conveyancing include independent advice on financial documents or a binding financial agreement?
Not automatically. Independent advice on a guarantee or other financial documents, and advice on a binding financial agreement, may require a suitable practitioner and a separate engagement. Confirm the adviser's role, independence and written scope before relying on that advice.
How should I compare a conveyancer's and a solicitor's quote?
Compare the work and advice included, exclusions, professional fees, GST and likely third-party charges. Ask what happens if a dispute or another legal issue falls outside the engagement. The appropriate service depends on your property, jurisdiction and legal questions as well as cost.
This guide is general information, not advice on your contract, finance or ownership arrangements. Legal advice depends on your documents and circumstances. Confirm the relevant state or territory requirements and the practitioner's scope for your matter.
Ask Aquarius Lawyers about the advice you need.
Tell us the property's state or territory, your matter details, the available documents and your signing or settlement deadline. Aquarius Lawyers can confirm the proposed legal work and any separately scoped advice in writing.