If you’ve ever bought or sold property, you’ll know there’s more to it than just signing a contract and picking up the keys. A big part of the process happens behind the scenes, thanks to the expertise of conveyancing solicitors. But what exactly do they do? If you’re curious or preparing for your own property transaction, let’s break it down step by step. This guide will take you through everything conveyancing solicitors handle, from the first stages to the moment the property becomes legally yours.
What Is Conveyancing?
Conveyancing is the legal process of transferring property ownership from one person to another. It sounds simple, right? In reality, there’s a lot more to it. Every transaction involves legal checks, contracts, and financial arrangements, all of which must be carried out correctly to avoid potential issues down the line. That’s where conveyancing solicitors Canberra step in—they’re there to make sure everything is watertight.
So, whether you’re buying your first home, selling an investment property, or managing a more complex situation like shared ownership, your solicitor will guide you through every stage. Let’s look at what those stages involve.
1. Initial Instructions
The first step begins as soon as you hire a conveyancing solicitor. They’ll request some basic details from you, like your identification, information about the property, and any relevant documents. At this point, they’ll also outline their fees and explain the process so you know exactly what to expect.
If you’re the buyer, this is when you’ll provide details about your mortgage lender (if applicable). If you’re the seller, you’ll share documents like the property title and details of any planning permissions or ongoing agreements.
Why This Step Matters
This initial setup isn’t just about admin; it sets the foundation for a smooth transaction. A solicitor who gathers the right details early can avoid unnecessary delays later on.
2. Legal Checks and Searches
For buyers, the next big task is conducting legal checks and property searches. This step ensures there are no nasty surprises tied to the property, like unpaid debts, planning restrictions, or environmental risks. These checks typically include:
- Title Search – Confirms the seller has the legal right to sell the property.
- Local Authority Search – Identifies planning permissions, nearby developments, and potential zoning issues.
- Environmental Search – Checks for flood risks, contamination, or other environmental hazards.
- Water and Drainage Search – Ensures the property is connected to the public water supply and drainage systems.
If you’re the seller, this stage might involve responding to questions raised by the buyer’s solicitor. It’s all part of ensuring everything is above board.
3. Drafting and Reviewing Contracts
The contract is the core document that lays out the terms of the sale. Your conveyancing solicitor will either draft it (if you’re selling) or review it (if you’re buying). They’ll look for anything unusual or problematic, like restrictive covenants or unclear boundaries.
If you’re a buyer, your solicitor will also check the terms of the mortgage offer to make sure they align with the contract.
The Back-and-Forth Process
This stage often involves negotiation. Buyers may request amendments to the contract, like including fixtures or addressing repair concerns. Sellers may push back, and it’s the solicitor’s job to ensure everyone agrees before moving forward.
4. Exchange of Contracts
Once both parties are satisfied with the contract, the next major milestone is the exchange. At this point, the agreement becomes legally binding. For buyers, this is when you’ll usually pay your deposit—often 10% of the property price.
After the exchange, neither party can back out without facing significant financial penalties. It’s a crucial moment in the process and one that ensures everyone is committed to seeing the transaction through.
5. Final Checks and Completion Preparation
Between exchange and completion, the solicitor’s focus shifts to finalising details. This stage includes:
- Arranging Finances – For buyers, this means liaising with your mortgage provider to ensure funds are released on time.
- Transferring Deeds – Solicitors will prepare the documents needed to transfer legal ownership.
- Coordinating with the Seller’s Solicitor – Ensuring everything is in place for the agreed completion date.
This is also when buyers will need to transfer the remaining balance of the property price (minus the deposit already paid) to their solicitor’s account.
6. Completion Day
Completion is the day everything becomes official—you get the keys, and the seller vacates the property. Behind the scenes, the buyer’s solicitor will:
- Transfer the full purchase amount to the seller’s solicitor.
- Handle any final checks, like confirming receipt of funds.
- Register the buyer as the new legal owner with the Land Registry.
For sellers, this is the day you’ll receive the proceeds of the sale, minus any outstanding mortgage balance or solicitor’s fees.
7. Post-Completion Tasks
Even after completion, a few final steps remain. The buyer’s solicitor will handle the stamp duty payment and confirm the title transfer with the Land Registry. They’ll also send you copies of the updated title documents for your records.
If you’re selling, your solicitor will ensure any restrictions or financial ties to the property are properly removed.
Why Professional Support Matters
Conveyancing might sound like a straightforward series of steps, but each one requires careful attention to detail. A missed search, an error in the contract, or a delay in financial arrangements can cause headaches—or worse, jeopardise the transaction altogether. That’s why hiring a reliable conveyancing solicitor is essential.
Beyond the paperwork, a good solicitor offers peace of mind. They’ll guide you through the process, explain any legal jargon, and ensure every deadline is met. Whether you’re buying your dream home or selling a property you’ve outgrown, their expertise ensures a smooth and stress-free experience.
Ready to Begin Your Journey?
Buying or selling property is a major milestone, and understanding the role of your conveyancing solicitor can make the process feel far less daunting. From the first step to the last, their goal is to protect your interests and make sure the transaction goes off without a hitch. So, as you take the next step in your property journey, remember—you’re in safe hands.
