What does a conveyancer actually do? A Victorian buyer's guide

If you're buying or selling property in Victoria for the first time, you've probably been told you need a conveyancer. You've also probably nodded along without really knowing what one does, or whether you should use a conveyancer or a lawyer in the first place. Fair enough. The difference matters, and most people only learn it when something goes sideways at settlement.

This guide explains exactly what a conveyancer does in Victoria, what they're legally allowed to do, and where the line between a conveyancer and a property lawyer sits. By the end, you'll know which one your transaction actually calls for.

The short version

A conveyancer handles the legal and administrative work involved in transferring property from seller to buyer. That includes reviewing contracts, ordering property searches, calculating adjustments, liaising with the other side, and making sure the title transfer and funds flow correctly at settlement.

In Victoria, both licensed conveyancers and property lawyers can do this work. Conveyancers are restricted to "conveyancing work" as defined in the Conveyancers Act 2006 (Vic). Lawyers can do everything a conveyancer does plus anything the transaction throws up that falls outside that narrow scope.

What a conveyancer does, step by step

The job is bigger than most people realise. Here is what the work actually looks like from the moment you engage someone through to the day you get the keys.

Preparing and reviewing the contract and Section 32

Every property transaction in Victoria is governed by a Contract of Sale and a Section 32 Vendor Statement (named after Section 32 of the Sale of Land Act 1962 (Vic)). The Section 32 is the vendor's upfront disclosure document and it covers title details, planning information, rates, owners corporation details, and known defects.

If you are selling, your conveyancer or lawyer will prepare these documents. This involves ordering a series of searches to identify title details, council and water authority rates, a land tax clearance certificate, and often a planning certificate.

If you are buying, your conveyancer or lawyer will read these documents carefully, flag anything concerning, and explain what you are actually signing up for. This is the single most valuable thing they do before you commit. For a deeper dive, see our guide on what's in a contract of sale and our homebuyer's guide to the Section 32.

Managing the cooling-off period

Private-sale purchases in Victoria come with a three clear business day cooling-off period under Section 31 of the Sale of Land Act 1962 (Vic), with specific exceptions (auctions, properties purchased within three clear business days of an auction, and certain other cases). Your conveyancer or lawyer makes sure the cooling-off clock is correctly tracked and advises on your rights within it. For the detail on how this works, see our cooling-off period guide.

Liaising with the other side

Your conveyancer or lawyer deals with the other side's representative on all the practical pieces of the transaction: special conditions, any requests for additional information, extension of deadlines, and so on. Most of this happens behind the scenes and you never see it, which is the sign it's being done well.

Coordinating with your lender

If you're a purchaser and you're borrowing, your lender needs to prepare loan documents, certify funds, and be ready to transfer at settlement. Your conveyancer or lawyer coordinates this, chases anything missing, and confirms everything is in place in the days before settlement.

Preparing the Statement of Adjustments

Rates, water, owners corporation fees, and land tax are all paid by whoever owns the property at the time of the bill. At settlement, these need to be apportioned between vendor and purchaser based on who owned the property for what portion of the billing period. The Statement of Adjustments is the document that sets this out.

Our Statement of Adjustments guide walks through what gets adjusted and who pays what.

Settling on the PEXA platform

Residential property settlements in Victoria are conducted electronically on PEXA (Property Exchange Australia). Your conveyancer or lawyer prepares the settlement workspace, confirms figures, signs documents digitally, and on settlement day orchestrates the simultaneous transfer of title and funds. Our PEXA guide explains how the platform works.

Verifying your identity

Before settlement, you'll be asked to complete a Verification of Identity (VOI) process. This is required by the Registrar of Titles under rules administered through the Australian Registrars' National Electronic Conveyancing Council (ARNECC). Our VOI guide explains why it matters.

Handling stamp duty

If you're buying, your conveyancer or lawyer calculates land transfer duty (commonly called stamp duty), checks whether you qualify for any exemptions or concessions (such as the first home buyer exemption or the off-the-plan concession), and lodges the duty return with the State Revenue Office. Our stamp duty budgeting guide covers the numbers.

What a conveyancer is not allowed to do

This is the part most buyers and sellers don't know until they run into it.

A licensed conveyancer in Victoria is authorised to carry out "conveyancing work" as defined in Section 4 of the Conveyancers Act 2006 (Vic). That definition covers legal work related to the transaction itself: preparing agreements, transfers, leases and mortgages, and giving advice that is "consequential or ancillary" to the transaction. It does not cover everything else.

Conveyancers are regulated by Consumer Affairs Victoria. Complaints about non-lawyer conveyancers go to Consumer Affairs Victoria, which can investigate and refer matters to the Victorian Civil and Administrative Tribunal (VCAT) under the Conveyancers Act 2006 (Vic).

Lawyers are regulated under the Legal Profession Uniform Law, administered in Victoria by the Victorian Legal Services Board and Commissioner (VLSB+C), which commenced on 1 July 2015.

In practice, there are several things a conveyancer typically cannot help you with:

• Representing you in a dispute at VCAT or in court if the transaction goes wrong

• Advising on how the transaction interacts with your will, your trust structure, or your estate plan

• Tax advice beyond the duty calculation (capital gains, GST, principal place of residence elections)

• Drafting unusual special conditions, such as complex subdivision conditions or unusual vendor terms protection clauses

• Family law issues where the property is being bought or sold as part of a separation

• Significant title defects, caveats, or boundary disputes that need to be litigated or negotiated

None of this means a conveyancer can't do a perfectly good job on a straightforward purchase. Plenty do. But if something unexpected comes up, a conveyancer's options are limited. They will often refer you to a lawyer at that point, which usually costs more and slows things down.

When to use a lawyer instead

Our position at Nextstep Legal is straightforward: you should use a lawyer when the transaction has any meaningful complexity. That generally includes off-the-plan purchases, purchases from or into a trust or SMSF, properties with easements or restrictive covenants that affect your plans, contracts with unusual special conditions, properties bought as part of a family law settlement, and any purchase where a dispute already looks likely.

For genuinely simple purchases, a licensed conveyancer can handle the job. The challenge is that you often don't know whether a purchase is simple until someone with broader legal training has looked at the contract. And even then, issues can crop up unexpectedly.

How Nextstep Legal does it

At Nextstep Legal, every purchase is handled by a lawyer. That means when something unusual appears in a contract, or when a question comes up about how the deal fits with your broader plans, you're already talking to the person who can help.

Ready to have your contract reviewed? Book a free contract review, or get a quote if you're further along and want to engage us for your purchase.

This article provides general information about Victorian property law. It's not a substitute for legal advice on your specific situation. If you'd like to discuss your circumstances, get in touch.