Buying a home in Melbourne: what does a conveyancer do?

1 day ago

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Updated: 48 minutes ago

Quick answer: A conveyancer (or a solicitor) handles the legal and administrative side of buying property. In Victoria that includes checking the vendor's statement and contract, doing searches, helping with duty paperwork and managing settlement. Both licensed conveyancers and lawyers can do this work. Consumer Affairs Victoria recommends you engage your own representative, and check that they are licensed.

Key takeaways

Conveyancing is the legal process of transferring ownership of a property from seller to buyer.
In Victoria it can be done by a lawyer or by a licensed conveyancer. They are regulated by different bodies.
Have the vendor's statement and contract checked before you make an offer or bid at auction.
Settlement is usually done online through PEXA, and your representative normally pays stamp duty for you.
Ask about scope, fees and insurance in writing before you hire anyone.

What is conveyancing?

Conveyancing is the legal and administrative work involved in transferring ownership of property. For a buyer, it means checking what you are actually buying, making sure the contract is sound, and completing the transfer and payments at settlement.

It is separate from your finance, from the real estate agent's role and from inspections of the building itself. A conveyancer does not tell you whether a property is a good buy. They work on the paperwork, the title and the legal terms. Consumer Affairs Victoria (CAV) also notes that the vendor's statement does not cover building condition, so finding out about anything it leaves out is your responsibility.

What does a conveyancer do when I buy a home?

For a buyer, a conveyancer or solicitor can check the vendor's statement, advise on the terms and conditions of the contract of sale, and conduct searches. They then help with duty paperwork and settlement. CAV advises having this checked before you make an offer or bid at auction.

Here is the usual order of work. Details vary by purchase, so treat this as a guide only.

Before you commit: Your representative reviews the vendor's statement (often called the section 32 statement) and the contract. CAV says the statement is set by section 32 of the Sale of Land Act 1962 and covers title matters such as mortgages, covenants, easements and zoning, plus outgoings such as rates.
Searches: They carry out searches on the property. We didn't find an official list of exactly which searches are standard, so ask which ones will be done.
Contract advice: They explain the terms, including any special conditions, and what they mean for you.
Duty paperwork: The State Revenue Office (SRO) says all property transfers need a Digital Duties Form, even if the transfer is exempt, and that your conveyancer, solicitor or bank normally pays duty on your behalf through Duties Online.
Settlement: They coordinate with the seller's side and your lender, and complete the financial settlement and lodgement. CAV explains that outgoings such as rates are apportioned at settlement, with the seller covering costs up to settlement day and the buyer from the following day.

How does stamp duty fit in?

In Victoria, the buyer pays land transfer duty, which the SRO also calls stamp duty. It is calculated on the dutiable value of the property, which is usually the price paid or the market value if that is more. Duty is normally paid at settlement, and late payment can bring penalty tax and interest.

The SRO says rates are tiered and depend on how the property will be used, your residency status and any concessions or exemptions. We haven't quoted figures here because they change; use the SRO's land transfer duty calculator and current rates pages for your situation. The SRO also says you should complete any relevant concession forms before settlement so the right concession is claimed, so ask your representative how they handle this.

What is PEXA and e-conveyancing?

E-conveyancing replaces paper transfer documents with digital ones, completed in a shared online workspace. PEXA operates Australia's national electronic conveyancing platform, which lets lawyers, conveyancers and financial institutions lodge documents and complete financial settlement online. In Victoria, licensed conveyancers who settle online must use PEXA's system.

You usually won't use PEXA yourself. Your representative or your lender's representative works in the workspace on your behalf. PEXA describes the process as finishing once settlement, lodgement and disbursement of funds are completed. Ask your conveyancer or solicitor whether your settlement will be online and what you need to sign beforehand.

Who can do conveyancing in Victoria?

Both lawyers and licensed conveyancers can do conveyancing work in Victoria. The Legal Services Board and Commissioner says non-lawyers who run a conveyancing business for fee or reward must be licensed under the Conveyancers Act 2006. Lawyers need a current practising certificate. They are regulated by different bodies.

| | Licensed conveyancer | Solicitor (lawyer) | |---|---|---| | What they are | A non-lawyer licensed to carry out conveyancing work for a fee | A legal practitioner who can also give general legal advice | | Who licenses and regulates them | Business Licensing Authority, with the register and guidance published by Consumer Affairs Victoria | Victorian Legal Services Board and Commissioner | | What they may do | Conveyancing work; the Board and Commissioner says they may not carry out legal work that is not "conveyancing work" under the Act | Conveyancing and wider legal work | | How to check | Search CAV's public register of licensed conveyancers | Check the Board and Commissioner's register of lawyers | | Where complaints go | Consumer Affairs Victoria | Legal Services Board and Commissioner | | Protection if trust money is misused | CAV says you can claim from the Victorian Property Fund, which it administers | CAV says lawyers fall under the Fidelity Fund instead |

CAV also says licensed conveyancers must have professional indemnity insurance. If your matter is complicated, for example it involves a company or trust buyer, a dispute or something outside the standard contract, a solicitor may be the safer choice because they can give wider legal advice. We didn't find official guidance that sorts matters into "conveyancer" versus "solicitor" cases, so ask each of them directly.

What should I ask before I hire a conveyancer?

Ask whether they are licensed or hold a practising certificate, what is included in their fee, who will actually do the work, and how they will keep you updated. Get the answers in writing. CAV says that if you use a conveyancer, you should make sure they are licensed.

Questions to ask before you hire

Are you a licensed conveyancer or a solicitor, and what is your licence or practising certificate number?
Can I check you on the public register?
What exactly does your fee include, and what costs sit outside it (for example searches, settlement fees or other charges)?
Who will work on my file, and will I be able to contact them directly?
Will you review the vendor's statement and contract before I make an offer or bid?
Do you hold professional indemnity insurance?
How will you handle my deposit and settlement funds?
Will settlement be online through PEXA, and what do I need to sign?
What happens if the contract has a problem or settlement is delayed?
If I have a concern about your service, who do I complain to?

What costs should I expect?

You will generally pay a professional fee for the conveyancer or solicitor, plus outlays such as searches, and government costs such as stamp duty and registration charges. We didn't find an official page that states typical conveyancing fees, so we haven't quoted any. Ask for an itemised quote in writing.

The SRO's page on the costs of buying and owning a property sets out the government side, including land transfer duty and, for owners of some land, annual land tax. Fees from private providers vary by provider and by the complexity of your purchase, so compare quotes on what is actually included, not on the headline figure alone.

Frequently asked questions

Do I have to use a conveyancer to buy a home in Victoria? We didn't find an official rule requiring every buyer to use one for a standard purchase. CAV does recommend you engage your own legal practitioner or conveyancer, and advises having the vendor's statement checked before you make an offer or bid at auction.

What's the difference between a conveyancer and a solicitor? Both can do conveyancing work. A licensed conveyancer is a non-lawyer licensed by the Business Licensing Authority (the register and guidance are on Consumer Affairs Victoria's website) and limited to conveyancing work. A solicitor is regulated by the Legal Services Board and Commissioner and can also give wider legal advice.

Who pays stamp duty, and who sends it to the government? The buyer pays land transfer duty. The SRO says your conveyancer, solicitor or bank normally pays it for you through Duties Online, usually at settlement. Every transfer needs a Digital Duties Form, even if exempt, and late payment can attract penalty tax and interest.

What is the vendor's statement? It is a document the seller must give you before you sign the contract, covering matters such as mortgages, easements, zoning and rates under section 32 of the Sale of Land Act 1962. CAV says it doesn't cover building condition, so you still need to make your own enquiries.

How do I check a conveyancer's licence? Search Consumer Affairs Victoria's public register of licensed conveyancers, which shows licence details. For a solicitor, check the Victorian Legal Services Board and Commissioner's register of lawyers. If something goes wrong, complaints about a conveyancer go to CAV and complaints about a lawyer go to the Board and Commissioner.

Will I need to attend settlement in person? Not usually where settlement is online. PEXA says e-conveyancing replaces paper documents with digital ones in a shared workspace, and your representative works in that workspace for you. Ask your conveyancer or solicitor what you need to sign or do beforehand.

Sources

This article is general information published by Marl Legal Pty Ltd (law firm registration E0031205). It is general in nature, is not legal advice, and does not take into account your objectives, financial situation or needs. Speak to a licensed conveyancer or a solicitor before you act. Last updated 4 November 2026.