Plain-English summary

Lawyers can perform conveyancing. A property lawyer may assist from the beginning of a transaction, including reviewing and explaining the contract, advising on legal rights and obligations, identifying risks, preparing appropriate special conditions and managing the conveyancing process through to settlement.

A registered conveyancer specialises in conveyancing work. A lawyer can also provide legal advice beyond the procedural steps of transferring property where the transaction raises broader contractual or legal issues. The right choice depends on the transaction and the advice required.

One of the most useful times to obtain advice is before signing. Once a contract has been signed, the parties may already be legally bound and the available options can be more limited.

Video transcript

00:02 — I wanted to share some thoughts with you about a comment I heard from a close friend. She said:

00:11 — “I thought lawyers don’t do conveyancing.” And I realised this is actually a really common misconception. So let me clear it up.

00:17 — You do not need to use a conveyancer for your conveyancing and only call a lawyer when something goes wrong.

00:26 — A lawyer can handle your conveyancing from the very beginning right through to settlement.

00:32 — Conveyancers specialise in the conveyancing process. But here’s an important distinction:

00:39 — A conveyancer’s advice is limited to the scope of conveyancing.

00:49 — A lawyer can provide broader legal advice. We can review and explain your contract,

00:56 — advise you about your rights, obligations and legal risks, and importantly,

01:01 — draft special conditions tailored to protect your interests, whether you’re a vendor or a purchaser.

01:07 — And you shouldn’t necessarily wait until something goes wrong to get legal advice.

01:13 — Some of the most important legal advice happens before you sign.

01:19 — So remember, a lawyer isn’t just someone you call when your property transaction goes wrong.

01:25 — A lawyer can handle the entire conveyancing process and much more.

What can a property lawyer do during conveyancing?

The work required varies between transactions. Depending on the circumstances, a property lawyer may assist with:

• reviewing a proposed contract before the client signs;
• explaining the client’s contractual rights and obligations;
• identifying legal risks or unusual provisions;
• drafting or negotiating special conditions where appropriate;
• checking the legal documentation relevant to the transfer;
• communicating with the other party’s representative and the financial institutions involved;
• preparing for electronic settlement and completing the transfer process; and
• advising when a dispute, default, delay or other legal issue arises.

Not every transaction requires the same work. Advice should be tailored to the property, the contract, the client’s objectives and the issues identified.

Why obtain advice before signing?

A property contract can create binding obligations. Contract terms may affect matters such as the settlement date, finance arrangements, inclusions, adjustments, access, repairs, default consequences and whether particular conditions must be satisfied.

Early advice allows questions to be raised and proposed protections to be considered before the parties become bound. A lawyer may be able to explain unclear provisions or recommend a special condition suited to the transaction. Whether a condition is appropriate will depend on the facts and the other party’s agreement.

If the contract has already been signed, obtain advice promptly rather than assuming that a cooling-off right or another exit option applies. Rights and time limits can depend on the transaction and the circumstances.

Lawyer or conveyancer: what is the difference?

Both lawyers and registered conveyancers may provide conveyancing services within their professional scope. Conveyancers specialise in property transfer work. Lawyers can also deal with legal issues connected with the transaction and provide broader legal advice within their areas of practice.

The distinction may matter where a contract requires amendment, the ownership structure raises questions, a dispute develops, or the transaction interacts with another legal issue. A prospective client should ask what work is included, what advice will be provided and how unexpected legal issues will be handled.

Common questions

Can a lawyer manage the entire conveyancing process?

Yes. As the video explains, a lawyer can manage a conveyance from the early contract stage through to settlement.

Should I contact a lawyer before signing a property contract?

It is often prudent to obtain advice before signing, particularly if you do not understand a provision, require a special condition or want the legal risks explained.

Can PA Law assist buyers and sellers?

Yes. PA Law provides conveyancing and property-law assistance for purchasers and vendors in Gawler, Adelaide and elsewhere in South Australia.

Do lawyers do conveyancing for Gawler property?

PA Law assists buyers and sellers in Gawler, Adelaide and across South Australia. When enquiring, explain the property location, whether you are buying or selling, and whether you have already signed. Mention an auction, finance condition or settlement date straight away.

What should I have ready for a contract review?

Have the proposed or signed contract, any vendor disclosure documents supplied to you and the relevant correspondence available. Write down any promises or conditions that matter to you and ask whether they are reflected in the documents. Confirm what work is included and the costs before instructing a representative.

For independent background, see SA.GOV.AU’s explanation of conveyancers and solicitors and its buying a home guide.

Buying or selling property?

Contact PA Law early for help reviewing the contract, understanding your obligations and managing the conveyancing process through to settlement.

Contact PA Law Conveyancing services

Discuss your next step with PA Law

Based in Evanston South, PA Law assists clients in Gawler, Adelaide and across South Australia. Appointments, including telephone and Microsoft Teams consultations where appropriate, are by arrangement.

Tell us which video prompted your enquiry, what you need help with and any deadline. Request an appointment or call 0431 614 696. Learn about PA Law and Principal Solicitor Manal Amro.