If you are buying or selling property, you might be wondering what a conveyancer checks during the process. It is a fair question because much of the work happens quietly in the background, and it can feel like your conveyancer is “just waiting for settlement day”.
In reality, a conveyancer checks dozens of important details to protect you. They review the contract of sale, confirm the property’s title details, and clearly explain any legal risks involved. They also check land tax and relevant ATO requirements and manage every step needed for a smooth settlement.
Most importantly, a conveyancer helps prevent delays, disputes, unexpected costs, and stressful surprises along the way.
What Is a Conveyancer Responsible For?
A conveyancer is responsible for the legal side of buying, selling or transferring property. Their job is to guide you, review the documents, ensure you understand what you are agreeing to before you sign and help prevent costly mistakes or delays during the transaction.
A conveyancer is usually responsible for:
- Reviewing the Contract of Sale and explaining your obligations.
- Checking title details, restrictions, legal ownership and any registered interests.
- Communicating with banks, real estate agents, and the legal representatives of the other side.
- Coordinating settlement and confirming everything is ready.
What a Conveyancer Checks When You Are Buying a Property
When you are buying, the goal is not just to “get the keys”. The goal is to buy the right property, under the right conditions, with no legal surprises.
Your conveyancer checks the things that could cause:
- Financial loss or extra costs.
- Legal restrictions you did not expect.
- Settlement delays and penalty interest.
- Disputes with the seller after the exchange.
1. Contract of Sale Review
Your conveyancer checks your Contract of Sale carefully before you exchange. This is one of the most important steps, because once contracts are exchanged, you are legally committed in most situations.
Your conveyancer will check details including:
- Purchase price, deposit amount, and payment timing.
- Settlement date and important deadlines.
- Cooling-off period and how it applies to you.
- Inclusions and exclusionsare listed in the contract.
They also check special conditions, because these can change your rights in ways you may not notice. Special conditions are usually added by the seller or their representative and drafted in their favour.
Your conveyancer may explain contract terms such as:
- What happens if something goes wrong and you can’t settle on the agreed date.
- Whether you can ask for more time to settle, how that works, and what it might cost you.
- What are your options if your bank isn’t ready with the loan funds in time.
- What happens if the property is damaged or changed between exchange and settlement?
They will also help you understand important practical contract issues, such as what “vacant possession” means, what happens if the property is tenanted, what your obligations are from exchange until settlement and what to do if the settlement date needs to change.
2. Checking Inclusions and Exclusions
A lot of buyer stress comes from confusion about what stays and what goes.
Your conveyancer checks the contract to confirm:
- What fixtures are included (like built-in ovens or dishwashers).
- What fittings are included (like lights or curtains).
- Whether any items are excluded (like a shed or air conditioner).
- Whether anything is listed that you expected to stay.
This is important because you do not want a surprise on settlement day where an important item has been removed, and the contract does not protect you.
3. Title Search and Ownership Checks
A conveyancer checks the title of the property to confirm you are buying the correct land, from the correct legal owner.
They check information such as:
- The lot and the deposited plan details.
- The legal property description.
- The registered owner name or names.
- Any dealings registered on the title.
This check matters because errors can happen. Sometimes the seller’s name is recorded differently across documents, or the title has more than one owner, or there is a complication like a deceased estate or family law matter.
4. Mortgages, Encumbrances, and Other Dealings on Title
Most properties have a mortgage registered on title and that mortgage needs to be removed at settlement. Your conveyancer checks the title to confirm what is registered and what needs to be dealt with.
They check for:
- A registered mortgage or multiple mortgages.
- A caveat or notice on title (where applicable).
- Restrictions that affect ownership transfer.
- Other registered interests that may need attention.
This is important because if the seller’s mortgage discharge is delayed, your settlement can be delayed too. That can cause inconvenience, storage costs, accommodation issues and a lot of stress.
5. Easements, Covenants, and Restrictions on Title
Many people do not discover easements or restrictions until they want to renovate or build. Your conveyancer checks for these early.
They check for:
- Easements for drainage, sewer, or utilities.
- Easements for access or shared driveways.
- Covenants that restrict construction or land use.
- Restrictions that affect future development.
These restrictions can affect your plans. For example, you might want to build a granny flat, extend the house, add a pool, or build a new garage. Restrictions can make that more difficult.
Your conveyancer will explain what is shown on the title, what it may mean for you, and what questions you should ask before you proceed.
6. Planning and Zoning Checks (Section 10.7 Certificate)
In NSW, the contract includes a planning certificate known as the Section 10.7 Certificate. Your conveyancer checks this because it contains important details about how the land can be used.
They review information such as:
- The zoning of the land.
- Permitted uses and limitations.
- Planning restrictions that affect development.
- Land risk indicators are included in the certificate.
Zoning matters because it can change what you can do with the property. You might assume you can run a home business, build an extension, add an additional dwelling, or subdivide the land in the future. The zoning and planning controls may affect your options.
If the property has planning limitations, your conveyancer will flag it early so you can decide whether you still want to proceed.
7. Strata Checks (If Buying a Unit or Townhouse)
Strata is one of the biggest areas where buyers can get caught out. The unit itself may look perfect, but the building and strata records can reveal serious issues.
Your conveyancer will recommend strata investigations and help you understand what the records show. They will look for:
- Strata levy amounts and payment history.
- Minutes from meetings and upcoming decisions.
- Disputes, defects, or legal issues.
- Capital works fund balance and planned works.
Strata checks can reveal costs you may not expect, such as special levies for repairs, major works planned, long-term building issues, or ongoing disputes within the strata scheme.
These checks help you understand the financial health of the building and the risk of unexpected payments after you buy.
8. Building and Pest Conditions – Understanding Your Rights in NSW
Your conveyancer does not physically inspect the property, but they do explain how building and pest inspections work under NSW contract law and what legal protections you do (and don’t) have.
Your conveyancer will help you understand:
- Whether you should arrange building and pest inspections before exchanging contracts, which is the safest option in NSW.
- How the cooling-off period works and whether it applies to your purchase.
- What are your rights if inspections reveal problems during the cooling-off period.
- When you can withdraw from the contract, and what it may cost you to do so.
This is important because many buyers assume building and pest inspections automatically protect them. In NSW, that’s not the case. Your rights depend on when the inspections are done, whether a cooling-off period applies, and whether contracts have already been exchanged.
9. Finance Checks and Timing Risks
Finance is one of the most common reasons property transactions become stressful in NSW. Even buyers who are financially prepared can run into problems if loan approval or funding is delayed.
While your conveyancer does not manage your loan approval, they do help you understand the legal risks around timing once contracts are exchanged.
Your conveyancer will explain:
- That NSW contracts are generally not subject to finance, meaning you are legally committed once you exchange.
- The settlement date is set out in the contract, and what happens if you are not ready to settle on time.
- Your legal obligations if your loan funds are delayed.
- The consequences of a delayed settlement include penalty interest, additional costs, and potential legal action by the seller.
Many buyers rely on loan pre-approval and assume they are protected. Your conveyancer will explain that pre-approval is not a guarantee of funding and that delays or issues with finance do not usually excuse late settlement under NSW contracts.
Understanding these risks early helps buyers plan properly and avoid costly surprises.
10. Deposit Handling and Trust Account Checks
The deposit is often the buyer’s biggest worry early on, especially when large amounts of money are involved.
Your conveyancer checks deposit terms such as:
- The deposit amount and due date.
- Who holds the deposit (agent or vendor’s representative).
- Whether the deposit can be released early.
- What happens if the contract falls through.
Early deposit release is a common request from sellers. Your conveyancer will explain what it means, what the risks are, whether it is a good idea for your situation, and what safer options may be available.
11. Insurance and Risk Timing (Important for Buyers)
Many buyers are surprised to learn that risk can change after the exchange. Your conveyancer helps you understand your responsibilities during the time between exchange and settlement.
They may remind you to consider:
- Insurance timing for the property.
- Your obligations if damage occurs before settlement.
- What happens if the seller cannot give vacant possession.
- What steps to take if something changes.
12. Council, Water, and Adjustment Checks
Adjustments are an important settlement detail. They ensure the seller pays for outgoings up to the settlement date, and you pay from the settlement onwards.
Your conveyancer checks adjustments for:
- Council rates.
- Water rates.
- Strata levies if relevant.
- Other outgoings listed in the contract.
They also verify that the adjustment figures are calculated correctly, as mistakes can alter the settlement amount and cause delays.
What a Conveyancer Checks When You Are Selling a Property
Sellers sometimes assume conveyancing is simpler on their side, but selling property in NSW still involves important legal responsibilities. Your conveyancer prepares and reviews the contract of sale, ensures you meet your vendor disclosure obligations, and manages the legal steps of the transaction to help protect your interests and ensure the sale progresses smoothly to settlement.
1. Preparing the Contract of Sale
Before your property is listed, your conveyancer helps prepare the contract. This step matters because a clean contract helps the sale move faster and reduces negotiation issues.
They check:
- The title details and ownership information.
- Vendor disclosure requirements.
- Inclusions and exclusions.
- Special conditions and settlement terms.
If something is missing from the contract, it can slow down the exchange, create buyer hesitation, or lead to disputes.
2. Mortgage and Discharge Checks
If there is a mortgage registered on your property, it must be formally discharged at settlement. Your conveyancer starts this process early, as coordinating with lenders is a key part of a smooth sale.
Your conveyancer will:
- Confirm which lender holds the mortgage registered on the title
- Check whether there is more than one mortgage or loan affecting the property
- Request the lender’s discharge authority and coordinate with the bank to arrange settlement
- Ensure the discharge of the mortgage is correctly handled at settlement, soa clear title can be transferred to the buyer
While your conveyancer does not control the bank’s internal timeframes, they communicate with the lender and other parties to help keep settlement on track and avoid last-minute issues.
3. Responding to Buyer Questions and Negotiations
Buyers often send questions or request changes to the contract. Your conveyancer carefully reviews each request and advises you on what to accept, negotiate, refuse, or clarify in writing before agreeing.
They check:
- Whether the buyer’s request is fair.
- Whether the change increases your risk.
- Whether it affects settlement timing.
- Whether it impacts your obligations.
4. Adjustments and Seller Settlement Figures
Sellers also need accurate settlement figures. Your conveyancer checks the settlement statement to make sure the numbers are correct before settlement.
They check:
- The council and water adjustments.
- Strata levy adjustments, if applicable.
- Loan payout figure
- Agent commission, if included in the figures.
- The final payout amount to you.
Legal Searches a Conveyancer Orders (And Why They Matter)
Legal searches are part of due diligence. They confirm key information and reduce risk for both parties.
Depending on the property, your conveyancer may organise or review:
- Title searches for updated title status.
- Planning checks to confirm restrictions.
- Strata searches for records and building information.
- Bankruptcy searches were relevant.
Identity Checks and Fraud Prevention
Conveyancing fraud is a real risk in property transactions. That is why identity checks are now a standard part of the process.
Your conveyancer checks:
- Verification of Identity requirements.
- That your legal name matches your documents.
- Those instructions come directly from you.
- That the bank details are confirmed safely.
They may also remind you to be careful with emails and bank details, because scammers can target property transactions. These checks protect your money and your identity.
What Happens Right Before Settlement?
Settlement is when the property changes ownership, and the money is transferred. Your conveyancer checks that everything is ready before that happens, because a single missing detail can delay the whole process.
Right before settlement, your conveyancer checks:
- All documents are signed correctly.
- All figures are final and balanced.
- The bank is ready if finance is involved.
- Settlement is booked and confirmed through PEXA
They also carefully review the final settlement statement so the numbers add up. This includes checking adjustments, confirming deposit amounts, ensuring the final funds required match expectations, and making sure all fees and charges have been applied correctly.
Common Issues Conveyancers Find (And Fix Early)
Conveyancers often prevent problems that clients never even see. These issues can happen in any transaction, even when the property and people seem straightforward.
Common issues include:
- Errors in names, documents, or title details.
- Strata disputes, defects, or financial concerns.
- Easements that limit building or renovation plans.
- Delays caused by lender discharge processing.
When these problems are found early, they can often be fixed with less stress. When they are found late, they can cause real disruption.
What Your Conveyancer Does Not Check
It is also helpful to understand what a conveyancer does not do, so you know what other checks you may need.
A conveyancer does not:
- Inspect the physical property condition.
- Guarantee building quality or workmanship.
- Provide a market valuation.
- Provide financial planning advice.
However, they can still guide you on risks and suggest where further advice may help.
Why Conveyancing Checks Matter
The conveyancing process is not just about transferring property ownership. It is about making sure the transaction is legally safe and financially fair.
Conveyancing checks help you:
- Avoid hidden legal restrictions.
- Reduce settlement delays and stress.
- Prevent disputes after exchange.
- Protect your money and rights.
Whether you are buying or selling, these checks are designed to make the process smoother and safer.
Final Thoughts
So, what does a conveyancer check during the process? They check the contract terms, the title details, property restrictions, strata risks, identity requirements, and settlement figures so your transaction can progress with fewer surprises.
If you want clear guidance, detailed checks, advice in plain English, and a team you can trust from start to finish, Strictly Conveyancing can help you through your purchase or sale with confidence. Contact us today.
