PA LAW ARTICLES · CONVEYANCING
Author: Manal Amro, Principal Solicitor, PA Law Pty Ltd
Last reviewed:
Do lawyers do conveyancing? Yes. In South Australia, a solicitor who practises in property law can handle conveyancing from reviewing the contract before you sign through to settlement. Both solicitors and registered conveyancers provide conveyancing services. A property lawyer can also advise on related legal issues within their areas of practice.
If you are buying or selling property in Gawler, Adelaide or elsewhere in South Australia, involving your solicitor early gives you an opportunity to understand the contract, discuss any conditions you need and prepare for important deadlines.
A friend once told me, “I thought lawyers don’t do conveyancing.” It highlighted a common misunderstanding about the role lawyers play in buying and selling property. The transaction involves contractual obligations and decisions that may affect your interests long after settlement.
At PA Law, we provide conveyancing services for buyers and sellers, including contract advice and settlement assistance.
What is conveyancing in South Australia?
Conveyancing is the legal process of transferring ownership of property from one person or entity to another. Both solicitors and registered conveyancers carry out this work in South Australia.
It includes preparing transfer documents and completing the legal requirements associated with the transaction. For a buyer or seller, the work may involve reviewing the contract, examining relevant property information, coordinating with lenders, calculating settlement adjustments and arranging settlement.
The work required depends on the property, the contract and your circumstances. See SA.GOV.AU’s explanation of conveyancers and solicitors.
Do lawyers do conveyancing? 7 essential services
A property lawyer can assist throughout the transaction. Depending on the agreed scope of work, this may include:
- Reviewing and explaining the contract before you sign.
- Advising on your rights, obligations and relevant deadlines.
- Reviewing the Form 1 vendor’s statement and relevant title information.
- Identifying legal issues that need further investigation.
- Drafting or negotiating appropriate special conditions.
- Preparing transfer documents and coordinating settlement arrangements.
- Advising on contractual problems, delays or disputes.
For example, you may need the purchase to depend on finance approval, the sale of another property or a satisfactory inspection. The wording of the relevant condition matters: it should explain what must happen, by when, and what rights the parties have if the condition is not satisfied.
Any proposed condition must be appropriate to the transaction and agreed by the parties.
Lawyer or conveyancer in South Australia — what is the difference?
A registered conveyancer specialises in conveyancing and can provide advice within the authorised scope of that work.
A lawyer who practises in property law can also carry out conveyancing, while providing broader legal advice within their areas of practice. This can be useful when the transaction connects with another legal issue, such as estate administration, company ownership or a contractual dispute.
Both professions have a role in property transactions. When choosing your representative, ask about their experience, the advice included in their service and how they will handle issues outside the agreed work.
Why get a property contract review before signing?
Before signing is an opportunity to understand the obligations you are about to accept and negotiate any changes you need.
A standard contract still needs careful consideration. The Legal Services Commission of South Australia recommends having property contracts checked by someone with relevant knowledge, particularly where terms have been added or removed. Read its guidance on the property contract.
Questions worth asking include:
- Does the contract contain the conditions I need?
- Are the finance and settlement dates achievable?
- Are agreed inclusions and exclusions recorded accurately?
- Will the property be sold with vacant possession or an existing tenancy?
- What happens if either party cannot meet a deadline?
For example: suppose you are buying a home and the seller agrees to leave a particular item of furniture. Ask for that agreement to be recorded in the contract. South Australian Government guidance explains that movable items are generally excluded unless specified.
Once a contract is binding, changing its terms may require the other party’s agreement. Early advice helps you identify questions while there is still an opportunity to address them.
Does the Form 1 tell me everything about the property?
The Form 1 vendor’s statement provides important disclosures about the property. It should be considered alongside the contract and relevant searches.
However, it does not replace your own enquiries or appropriate inspections. Consumer and Business Services recommends obtaining the Form 1 before signing where possible and explains that buyers are responsible for investigating matters not covered by the statement. Its Tips for buying a home guide explains these checks.
Tell your solicitor how you intend to use the property. Plans to renovate, extend or use it for a particular purpose may raise questions that should be investigated before you commit.
Can a lawyer help if you have already signed?
Yes. Contact your solicitor promptly and provide the complete signed contract, the Form 1 if received, and relevant correspondence.
Highlight any approaching finance, inspection or settlement deadlines. Do not assume that you can withdraw simply because you have changed your mind.
Many South Australian private purchases have a cooling-off period, but whether it applies and when it expires must be checked against your circumstances. Read the South Australian Government’s buying a home guide and obtain advice about your particular deadline.
Frequently asked questions about conveyancing lawyers
Do I need both a lawyer and a conveyancer?
Usually, you can engage a solicitor who provides conveyancing to manage the transaction. You do not ordinarily need a separate conveyancer for the same work. Confirm the scope of the solicitor’s engagement at the outset.
Do lawyers do conveyancing for sellers as well as buyers?
Yes. A property lawyer can assist sellers with transaction documents, contractual obligations and settlement arrangements, including coordinating with the seller’s agent, lender and the buyer’s representative.
What should I send for a contract review?
Send the proposed or signed contract, the Form 1 if available, and any relevant correspondence. Include the property address, important dates and any promises or conditions that matter to you.
How much does conveyancing cost?
The cost depends on the transaction and the work required. Ask for a written explanation of professional fees, GST, searches, third-party charges and any circumstances that may require additional work.
Watch Manal explain the lawyer’s role in conveyancing
Read the original video guide and full transcript or watch the video on YouTube.
Do lawyers do conveyancing in Gawler and Adelaide?
PA Law assists buyers and sellers in Gawler, Adelaide and across South Australia. We are based in Evanston South, with appointments available by arrangement.
If you are preparing to buy or sell, contact us early to discuss the contract and the conveyancing assistance you need. If you have already signed, let us know about any approaching deadlines.
Speak with PA Law about your property transaction.
Call: 0431 614 696
Email: manal@palaw.au
Explore our conveyancing services or request an appointment.
This article provides general information about South Australian property transactions. It does not constitute legal advice. Obtain advice tailored to your documents and circumstances.