Why Use a Conveyancing Solicitor When Buying Property?
Using a conveyancing solicitor when you buy protects you at every stage. A solicitor understands the legal detail of a property purchase and makes sure the transaction is handled correctly. We review the contract and the documents attached to it before you sign, and we conduct the searches that reveal problems a buyer cannot see, such as easements, zoning restrictions, or unapproved building work.
Because we are a solicitor’s firm and not only a conveyancing practice, we can also advise if your purchase involves a deceased estate, a separation, a family trust or a dispute, without you needing to engage a separate lawyer. See our guide to the difference between a solicitor and a conveyancer in NSW.
The Buying Process in NSW, Step by Step
Step 1: Arrange your finance
Before you make an offer, speak to your lender or broker about pre-approval so you know how much you can borrow. Pre-approval helps you move quickly and with confidence once you find the right property.
Step 2: Have the contract reviewed before you sign
Ask the agent to send the contract to us before you commit. We review the contract for sale and the documents the law requires the seller to attach, including the planning certificate issued by council under section 10.7 of the Environmental Planning and Assessment Act 1979, the title search and the drainage diagram. We explain the special conditions, the inclusions, the deposit and the settlement period. This is the stage where problems are cheapest to fix.
Step 3: Exchange, deposit and cooling-off
The purchase becomes binding when contracts are exchanged. You pay the deposit, which is commonly 10% of the price. For most residential purchases by private treaty you have a five business day cooling-off period, during which you can withdraw but forfeit 0.25% of the price. The cooling-off period can be waived with a section 66W certificate from your solicitor, and there is no cooling-off period when you buy at auction.
Step 4: Searches and due diligence
Before exchange, or within the cooling-off period, we complete the searches that confirm what you are buying, and we recommend a building and pest inspection and, for a unit, a strata report. We raise any issues with the seller’s representative and advise you on your options.
Step 5: Settlement
Settlement usually occurs 42 days after exchange, although this can be negotiated. It is now completed electronically through PEXA. We calculate the adjustments for council and water rates, attend to the transfer of duty, and on settlement the title is registered in your name and the keys are released.
Searches and Due Diligence Every Buyer Should Consider
Good due diligence is what separates a smooth purchase from an expensive surprise. The checks we recommend for most buyers include:
- Title search: confirms who owns the land and any mortgages, easements or covenants registered on it.
- Section 10.7 planning certificate: shows zoning and planning controls, including flood, bushfire and mine subsidence notations.
- Building and pest inspection: identifies structural problems, pest damage and unapproved work before you are committed.
- Strata report: for a unit or townhouse, reviews the owners corporation’s finances, levies and any disputes.
Our guide to what a seller must disclose when selling property in NSW explains the documents that should already be attached to the contract, and what their absence can mean for you as the buyer. For a full list of what to check before you sign, see our home buyer’s checklist for NSW.
Buying Your First Home in NSW
First home buyers in NSW may be eligible for government help that can significantly reduce the upfront cost of buying. The two main NSW schemes are:
- First Home Buyers Assistance Scheme: a full or partial exemption from transfer (stamp) duty for eligible first home buyers, administered by Revenue NSW.
- First Home Owner Grant (New Homes): a one-off grant for eligible first home buyers who buy or build a new home, also administered by Revenue NSW.
First home buyers may also be eligible for the federal First Home Guarantee, which can reduce the deposit needed to buy, administered by Housing Australia.
Eligibility rules, property value limits and the amounts available change from time to time, so we check your eligibility against the current rules when we review your contract. For the latest details, see Revenue NSW and Housing Australia.
Buying Property in Maitland and the Hunter Valley
Local knowledge matters when you buy. We act for buyers across Maitland, East Maitland, Rutherford, Thornton, Greenhills, Kurri Kurri, Cessnock, Newcastle and the wider Hunter. Some local matters we check on your behalf:
- Flood notations: many properties near the Hunter River floodplain carry flood-related notations on the section 10.7 certificate, which lenders and insurers will ask about.
- Mine subsidence districts: large parts of the Lower Hunter are within declared mine subsidence districts, which can affect past and future building approvals.
- Unapproved structures: older Hunter homes often have sheds, carports or enclosed verandahs built without approval, which we identify before you are committed.
Fixed-Price Conveyancing for Buyers
We offer fixed-price conveyancing for most standard purchases, so you know our fee before we start rather than wondering what the final bill will be. The cost of a purchase conveyance includes our professional fee plus disbursements, which are the third-party costs of searches, the planning certificate and registration. If your purchase involves something outside the standard process, such as a deceased estate or a complex title issue, we will tell you upfront and give you a clear estimate for the additional work.
Frequently Asked Questions About Buying Property in NSW
Do I need a solicitor or a conveyancer to buy property?
Both a licensed conveyancer and a solicitor can handle a standard purchase in NSW. A solicitor can also advise if your purchase becomes complicated, for example a deceased estate, a family law matter or a dispute, without you needing to engage a separate lawyer.
What is the cooling-off period when buying in NSW?
For most residential purchases by private treaty you have a five business day cooling-off period after exchange, during which you can withdraw but forfeit 0.25% of the price. It can be waived with a section 66W certificate, and there is no cooling-off period when you buy at auction.
What searches should I do before buying a property?
At a minimum, a title search and the section 10.7 planning certificate, which we obtain and review. We also recommend a building and pest inspection, and a strata report if you are buying a unit or townhouse.
What government help is available for first home buyers in NSW?
Eligible first home buyers may receive a transfer duty exemption or concession under the First Home Buyers Assistance Scheme, and a grant for a new home under the First Home Owner Grant, both administered by Revenue NSW. A federal First Home Guarantee may also help with the deposit. Eligibility and limits change, so we check the current rules against your purchase, and you can confirm details with Revenue NSW.
How long does it take to settle when buying?
Settlement usually occurs 42 days after exchange of contracts, although a shorter or longer period can be negotiated. The timeline depends on your finance, the results of searches, and whether any issues arise.
Should I get a building and pest inspection?
Yes. A building and pest inspection is strongly recommended before you are committed, as it can reveal structural problems, pest damage or unapproved work. We can help you make your purchase conditional on a satisfactory inspection.
How much does conveyancing cost when buying?
Costs depend on your purchase and include our professional fee plus disbursements for searches, the planning certificate and registration. We offer fixed-price conveyancing for most standard purchases so you know our fee upfront, and we give you a clear estimate before we start.
Buying Soon? Have Your Contract Checked First
The best time to involve a solicitor is before you sign anything. We review the contract, explain your obligations, complete the searches and guide you through to settlement, so you buy with confidence.
Thinking of selling as well? Our selling property team can coordinate both sides, and for an overview of the whole process see our conveyancing services. Buying a new build? See off the plan purchase.
Book a consultation with our conveyancing team today, or call us on (02) 4933 5111. Check our FAQ page if you have any questions.
