While we’re based in Western Sydney, we handle property transactions across NSW and offer seamless remote conveyancing services.

• Western Sydney

• North Sydney

• Central Coast

• Hunter Valley

• Camden

• Campbelltown

• Castle Hill

• Liverpool

• Parramatta

• Penrith

• Fairfield

Conveyancing is the legal process of transferring ownership of property from one person to another. It involves preparing, verifying, and lodging documents to ensure the property transfer is legally valid and complies with NSW laws.

A cooling off period is the immediate period after your sale or purchase of property and usually runs for 5 business days after you exchange contracts, starting the next business day after you exchange. You do not count public or bank holidays. 

If you purchase a property at auction, under the terms of the auction, you would have waived your right to a cooling off period. 

In some circumstances, in the negotiation of your sale or purchase, you may provide an authority (known as a s.66W certificate) which waives your right to a cooling off period. This is completed through your conveyancer as it is your conveyancers obligation to advise you of your right to a cooling off period and the effect of waiving same.

If you are purchasing a property "off the plan", you are entitled to a 10 day cooling off period starting on the next business day after exchange.

The cooling off period in all circumstances is subject to negotiation except if the property is purchased at auction. 

Most purchasers use their cooling off period to ensure they have unconditional financing for their purchase and have obtained pest and building reports, strata reports, and written advice on the contract. 

Buying or selling property is a massive decision and shouldn’t be taken lightly. And while many have tried to do their own conveyancing, there is a lot that can go wrong if you don’t have the required legal knowledge and experience. Not to mention the hours of legal work that go into preparing property contracts and other documentation. 

Instead of trying to work everything out yourself, a qualified property conveyancer can provide you with everything you need to smoothly transfer property from one party to another. Additionally, conveyancers have the protection of professional indemnity insurance, which in turn protects you. Our conveyancing team work hard to simplify the settlement process, explaining legal jargon and ensuring you know what’s happening at each stage. This way you get a seamless and stress-free conveyancing experience.

The conveyancing process typically includes:

• Reviewing the contract of sale.

• Conducting property searches and checks.

• Ensuring legal compliance, including transfer of title.

• Calculating settlement adjustments (e.g., council rates).

• Coordinating settlement with the other party and their representatives.

When buying a property, the process involves:

1. Reviewing the contract of sale.

2. Conducting inspections (e.g., building and pest).

3. Exchanging contracts with the seller.

4. Paying the deposit.

5. Finalising finances and completing settlement.

When selling a property, the process includes:

1. Preparing a contract of sale, including required disclosures.

2. Negotiating terms with the buyer.

3. Exchanging signed contracts.

4. Ensuring settlement is completed and funds are transferred.

• Exchange: The point when both parties sign and exchange contracts, making the transaction legally binding.

• Settlement: The final stage, where the buyer pays the balance, and ownership is officially transferred to them.

Stamp duty is a tax paid by the buyer on the purchase of property. The amount varies based on the property's value and whether the buyer qualifies for exemptions or concessions (e.g., first-home buyers). The duty must typically be paid before or on settlement.

What searches are conducted during conveyancing?

Searches depend on the property but may include:

• Title search (to confirm ownership and any encumbrances).

• Council and water rate searches.

• Zoning and planning restrictions.

• Strata reports (for units or apartments).

These searches ensure the property is free of issues that could affect ownership or use.

Ordinarily settlement occurs 42 days after you exchange contracts but it can be shortened or extended by way of agreement between the parties. 

You would ordinarily lose your 0.25% deposit.

If you withdraw from the contract after the cooling off period has expired, you would ordinarily lose the full deposit (10% or less) and you might also be sued for damages which includes any losses suffered by the vendor for your breach of contract. 

If you are getting close to the cooling off period expiry and you are still not in a position to proceed with the purchase, your Conveyancer may request an extension on the cooling off period. This is not guaranteed to be agreed by the vendor so you should do everything you can to be ready before cooling off expires.