Buying or selling property is usually the biggest transaction people make, and the contract is where things go wrong. Here's how property law and conveyancing work in Australia, and the property lawyers we list in each city.
Property lawyers by city
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What property lawyers do
Property law covers buying and selling homes and land, commercial leases, off the plan purchases, subdivisions and development, and the disputes that come out of all of them. Conveyancing, the paperwork and settlement of a sale, is the most common part of it.
The rules are state based. Contracts, disclosure requirements, cooling off periods, stamp duty and who can do conveyancing all differ between states, so you want someone who works in the state where the property is.
When a property lawyer is worth it
- Before you sign or bid, to check the contract and special conditions.
- Off the plan purchases, where sunset clauses and changes to the plans can cause problems years later.
- Commercial leases and property, where the terms are negotiable and the money is larger.
- When something goes wrong, such as a failed settlement, a deposit dispute or building defects.
What to ask before you hire one
- Is it a fixed fee? Most conveyancing is done for a fixed fee plus searches and other costs.
- Who will handle my file, a lawyer or a conveyancing clerk?
- Will you review the contract before I sign, and is that included in the fee?
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Property lawyers: common questions
Do I need a lawyer or a conveyancer?
For a standard purchase or sale, a licensed conveyancer can usually do the job in most states. In Queensland there's no licensed conveyancer profession, so conveyancing is done by solicitors or their staff. A property lawyer is the better choice for off the plan purchases, complex contracts, commercial property, or anything that turns into a dispute.
Is there a cooling off period when I buy?
In most states, yes, but it varies. For example, it's 5 business days in NSW (10 for off the plan purchases) and Queensland and 3 business days in Victoria, while Western Australia and Tasmania have no general cooling off period. There's usually no cooling off when you buy at auction, and backing out during the period can cost you a small part of the price.
When should I get a lawyer to look at the contract?
Before you sign it or bid at auction. Once you've exchanged contracts or the hammer has fallen, it's much harder and more expensive to get out of terms you don't like.
Can a property lawyer help with disputes?
Yes. Property lawyers handle disputes over contracts, deposits, building defects, leases, boundaries and co-owners who want to sell. Building and tenancy disputes often go to a state tribunal rather than a court.
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