Solicitor or Conveyancer: Who Do You Need When Buying Property?

Signing property purchase documents

Buying property involves contracts, searches, settlement and state-specific rules, so you’ll need a professional on your side. The two options are a licensed conveyancer or a solicitor. They’re not the same, and choosing the right one can save you money without leaving you exposed.

What a conveyancer does

A conveyancer specialises in the legal transfer of property. In NSW and most states they must be licensed. Their work includes:

  • Reviewing the contract of sale and explaining your obligations
  • Ordering searches and checking certificates
  • Calculating adjustments for rates, water and strata
  • Liaising with your lender and preparing for settlement
  • Lodging documents and settling, now usually electronically

What a solicitor adds

A solicitor can do everything a conveyancer does, plus give broader legal advice. Consider a solicitor when:

  • The purchase is commercial, or includes an existing lease or business
  • You’re buying through a company, trust or SMSF
  • The property has easements, unapproved works, zoning or title issues
  • It’s an off-the-plan or development site purchase
  • There’s a dispute, or the deal is complex or unusual

Which should you choose?

For a straightforward home or residential investment purchase, an experienced conveyancer is usually enough. For commercial property, SMSF purchases, development sites or anything out of the ordinary, use a solicitor with property experience.

Tip: make sure your contract includes a finance clause (or that you have formal approval) before you exchange. Your conveyancer or solicitor can negotiate this, and it protects your deposit if finance falls through.

How a broker fits in

Your broker, solicitor or conveyancer and accountant should work together. We coordinate with your legal team so loan approval, valuation and settlement dates line up. Read about our home loans, commercial property finance and buying property through an SMSF.

Frequently asked questions

Is a conveyancer cheaper than a solicitor?

Usually, yes, for a straightforward residential purchase. Solicitors generally charge more but can give broader legal advice and handle disputes.

Do I need a solicitor for a commercial property purchase?

It’s strongly recommended. Commercial contracts often involve leases, GST, zoning and trust or company structures that go beyond standard conveyancing.

When should I engage a conveyancer or solicitor?

Before you sign or bid. They can review the contract and arrange changes, such as a finance or building inspection clause, while you still have time to negotiate.

Talk to Peak Capital

Book a free 15-minute call with a Sydney commercial finance broker. We’ll tell you what you can borrow and which lenders fit your situation.

Get a free quote  Call 0401 132 581

This article is general information only and doesn’t take into account your objectives, financial situation or needs. Speak to us or your accountant before making a decision.