The Conveyancing Process for Property Sellers: A Complete Guide

Whether you’re upgrading, downsizing, or moving interstate, selling a property in Australia requires more than just signing a contract and handing over the keys. The legal procedures behind a sale can feel complex — but that’s where the conveyancing process for property sellers comes into play.

In this guide, we’ll break down each stage of the conveyancing journey in a clear and simple way. If you’re a homeowner aged between 28 and 55 looking to sell confidently, read on with Legal Finda as we take you through everything you need to know to sell your property legally and stress-free.

What Is the Conveyancing Process for Property Sellers?

Conveyancing is the legal transfer of property ownership from seller to buyer. For sellers, it involves preparing the contract, handling disclosures, coordinating with the buyer’s legal team, and managing the settlement process. The conveyancing process for property sellers ensures that all your legal obligations are met, documents are correct, and the transaction is completed without hitches.

Step 1: Engage a Conveyancer or Solicitor Early

As soon as you decide to sell, it’s wise to engage a licensed conveyancer or property lawyer. They’ll help you prepare the Contract of Sale and ensure all the legal requirements are met from the beginning.

Key responsibilities include:

• Drafting the contract and Section 32 (Vendor’s Statement)
• Advising on any encumbrances or caveats
• Reviewing the title and zoning certificates
• Explaining your legal duties as a seller

Starting this process early prevents delays when you find a buyer.

Step 2: Prepare the Contract of Sale

Your conveyancer or lawyer will prepare the Contract of Sale, which includes the price, settlement period, and any conditions. It also contains the Vendor’s Disclosure Statement (known as the Section 32 in VIC, or equivalent in other states), which discloses essential information about the property.

Common inclusions:

• Title deed information
• Outstanding mortgages or easements
• Council rates and zoning
• Any building approvals or works done
• Special conditions (e.g. rent-back agreements or delayed settlement)

Accuracy here is crucial. If the contract is incomplete or misleading, the buyer can pull out or sue for damages.

Step 3: Manage Open Homes and Offers

While real estate agents handle marketing, your legal team should be available to assist when offers come in. Once an offer is accepted, the buyer signs the contract, and a cooling-off period may apply depending on your state.

Tip: Avoid accepting verbal offers — ensure all offers are in writing and formally signed.

Step 4: Exchange of Contracts

The exchange of contracts is a major milestone. Once both you and the buyer sign identical contracts, the sale becomes legally binding (after any applicable cooling-off period).

At this point, the buyer usually pays a deposit (often 10%), which is held in trust until settlement.

Your conveyancer’s role at this stage includes:

• Reviewing the buyer’s signed contract
• Confirming terms and conditions
• Ensuring the deposit is paid correctly
• Explaining your obligations leading up to settlement

Step 5: Respond to Buyer Requests

Buyers will often raise pre-settlement queries or requests, such as:

• Clarifications on boundaries
• Access to conduct final inspections
• Requests for repairs (depending on contract terms)

Your conveyancer helps you navigate these issues, respond formally, and keep negotiations on track. This part of the conveyancing process for property sellers is often underestimated but essential to avoid disputes.

Step 6: Pre-Settlement Preparation

In the days or weeks leading up to settlement, your conveyancer coordinates with:

• Your bank (to discharge any mortgage)
• The buyer’s legal team
• The buyer’s bank or financier
• The agent (for key handover logistics)

They’ll calculate adjustments (e.g. council rates, water usage), finalise the settlement statement, and ensure you’re ready for the big day.

Step 7: Settlement Day

On settlement day, the legal and financial transaction is completed. You don’t need to attend physically — your conveyancer handles everything on your behalf.

What happens:

• The buyer’s funds are transferred to your bank
• Your mortgage (if any) is discharged
• Ownership is transferred via electronic lodgement (e.g. through PEXA)
• The agent is authorised to release the keys

Once settlement is complete, your property is officially sold!

State-Based Variations in the Conveyancing Process

The legal process of selling a house in Australia varies slightly between states and territories.

New South Wales (NSW):

• The contract must be ready before advertising
• Section 66W Certificate can waive the cooling-off period

Victoria (VIC):

• A detailed Section 32 Statement is legally required
• Cooling-off period is 3 business days

Queensland (QLD):

• Seller disclosures are more limited
• Building and pest clauses are common in contracts

Each state has its own regulations, so a local conveyancer is invaluable for navigating local rules.

Common Questions About Selling Property

What does a conveyancer do when selling property?

A conveyancer handles all legal paperwork, ensures accurate disclosures, liaises with the buyer’s team, and facilitates settlement — ensuring your sale complies with Australian property laws.

Can I sell without a conveyancer?

Technically yes, but it’s highly risky. Errors in the contract or failing to disclose important information can lead to fines or legal action. Engaging a professional is well worth the peace of mind.

What are the legal risks of selling property?

• Incomplete disclosures
• Failing to discharge the mortgage correctly
• Contract errors
• Breaching contract terms (e.g. not vacating on time)

With the right conveyancer, these risks can be minimised.

The Role of Legal Finda in the Process

Navigating the conveyancing process for property sellers doesn’t need to be overwhelming. Legal Finda connects sellers like you with vetted conveyancing lawyers and specialists across Australia. Whether you're in Sydney, Melbourne, Brisbane or beyond, we match you with professionals who understand your state’s legal requirements and act in your best interest.

Conclusion

Selling a property in Australia involves more than just finding a buyer. The conveyancing process for property sellers ensures every legal box is ticked — from preparing contracts to settlement day.

With Legal Finda, you’ll gain access to trusted legal professionals who make the process smoother, safer, and less stressful. Ready to get started? Let Legal Finda help you sell with confidence.