Conveyancing FAQs NSW — Mallia Conveyancing

Question 1

What does a conveyancer do?

Accepted Answer

A conveyancer is a licensed professional who manages the legal and administrative aspects of transferring property ownership from one person to another. In NSW, conveyancers are licensed under the Conveyancers Licensing Act 2003. Your conveyancer reviews and prepares contracts, conducts property searches, liaises with the other party's legal representative, coordinates with your lender, and attends settlement on your behalf. They ensure that the transfer of ownership is legally valid and that your interests are protected throughout the entire process. At Mallia Conveyancing, we also take the time to explain every step to you in plain English — so you always know exactly what's happening and why.

Question 2

When should I contact a conveyancer?

Accepted Answer

The earlier, the better. Ideally, you should contact a conveyancer before you sign anything. If you're buying, contact us as soon as you find a property you're interested in — or even before, so we can explain the process and be ready to act quickly when you need us. We can review the contract before you sign, which is one of the most important things you can do to protect yourself. If you're selling, contact us as soon as you decide to sell. In NSW, a Contract of Sale must be prepared before the property can be advertised, so engaging us early means your property can go to market without delay.

Question 3

How long does settlement take?

Accepted Answer

In NSW, the standard settlement period for a residential property purchase or sale is typically 42 days (six weeks) from the date of exchange of contracts, though this can be negotiated between the parties. For off-the-plan purchases, settlement occurs when the property is registered — which can take anywhere from 12 months to several years, depending on the development. For refinancing and family transfers, the timeframe is generally shorter — often 2–4 weeks — as there is no exchange process involved. We'll give you a clear timeline at the outset and keep you updated throughout.

Question 4

What costs are involved in conveyancing?

Accepted Answer

Conveyancing costs generally fall into two categories: professional fees and disbursements. Our professional fees are fixed and transparent — we'll provide you with a clear quote upfront so you know exactly what you'll pay. There are no hidden charges or unexpected extras. Disbursements are the out-of-pocket expenses we incur on your behalf, such as title searches, council and water certificates, and other property certificates. These are passed on to you at cost. In addition to conveyancing costs, buyers should also budget for stamp duty (transfer duty), which is a NSW government tax on property purchases. First home buyers may be eligible for exemptions or concessions. We'll advise you on all applicable costs when you contact us for a quote.

Question 5

Can you review a contract before I sign?

Accepted Answer

Absolutely — and we strongly recommend it. Reviewing the contract before you sign is one of the most important steps you can take to protect yourself. A contract of sale is a legally binding document, and once you've exchanged contracts, you're committed to the transaction. Before that point, however, there is an opportunity to negotiate conditions, seek clarification, or walk away if something isn't right. We review contracts thoroughly, explain every clause in plain English, and advise you on anything that needs attention — whether that's an unusual condition, an easement, a restriction on the title, or a clause that could expose you to risk. Contact us before you sign, and we'll make sure you're fully informed.

Question 6

What happens on settlement day?

Accepted Answer

Settlement day is when the legal transfer of ownership takes place. On this day, the balance of the purchase price is paid to the vendor, and the title to the property is transferred to the buyer. In NSW, settlements are now conducted electronically through the PEXA platform in most cases. This means that funds are transferred and documents are lodged digitally — there's no need for anyone to physically attend a settlement room. We handle everything on your behalf. We verify that all documents are in order, confirm that the financial adjustments are correct, and ensure that the title is transferred into your name. Once settlement is complete, we notify you immediately — and if you're buying, you can collect the keys.

Question 7

Do I need to attend settlement?

Accepted Answer

No — you don't need to attend settlement. We attend on your behalf and handle everything for you. In NSW, most settlements are now conducted electronically through the PEXA platform, which means there is no physical settlement room to attend. Everything is managed digitally by the conveyancers and lenders involved. We'll keep you informed throughout the day and contact you as soon as settlement is complete. If you're buying, your real estate agent will then arrange for you to collect the keys.

Question 8

What is the cooling-off period?

Accepted Answer

In NSW, residential property buyers have a five-business-day cooling-off period after exchange of contracts. During this period, you can withdraw from the contract, but you will forfeit 0.25% of the purchase price as a penalty. The cooling-off period does not apply if you waive it (by exchanging with a Section 66W certificate), if the property was purchased at auction, or if the contract was exchanged on the same day as the auction. We'll explain your cooling-off rights clearly before exchange and advise you on whether waiving the cooling-off period is appropriate in your circumstances.

Question 9

What is stamp duty and how much will I pay?

Accepted Answer

Stamp duty (officially called transfer duty in NSW) is a state government tax payable by the buyer on the purchase of property. The amount depends on the purchase price of the property and whether you are eligible for any concessions or exemptions. First home buyers in NSW may be eligible for a full or partial exemption from stamp duty, depending on the purchase price. There are also concessions available for eligible buyers of new homes and vacant land. We'll advise you on your stamp duty obligations and any concessions you may be entitled to when you contact us for a quote.

Question 10

Do you offer mobile or after-hours appointments?

Accepted Answer

Yes — we understand that life is busy, and we want to make the conveyancing process as convenient as possible for you. We offer mobile appointments, which means we can come to you — whether that's at your home, your workplace, or another location that suits you. We also offer after-hours and weekend appointments by arrangement. If you'd like to discuss your property transaction outside of standard business hours, simply contact us and we'll do our best to accommodate you.

Question 11

What is the difference between a conveyancer and a solicitor?

Accepted Answer

Both conveyancers and solicitors can handle property transactions in NSW. The key difference is in their scope of practice. A licensed conveyancer specialises exclusively in property law and conveyancing. They are licensed under the Conveyancers Licensing Act 2003 and are experts in the specific legal requirements of property transactions. A solicitor has a broader legal qualification and can practise across multiple areas of law, including conveyancing. For straightforward residential property transactions, a licensed conveyancer is typically the most cost-effective and efficient choice — and at Mallia Conveyancing, we bring deep expertise and genuine personal service to every transaction.

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