Buying your first home, whether a house or apartment , can feel exciting and overwhelming. There are so many new opportunities on the horizon. Yet, there’s also so much to think about – especially the legal side. Many first home buyers overlook this part, but it’s essential to get it right. That’s where a conveyancer can help. They handle the legal work involved in transferring property ownership to make the process smoother.

In this article, we explain what a conveyancer does, how they differ from regular lawyers, and why they’re useful when buying a home. We also explore whether you can manage without a conveyancer, and share tips on how to find a good one.

What is a conveyancer?

A conveyancer specialises in the legal process of transferring property ownership from one person to another. They ensure the transaction complies with all legal requirements.

As part of their role, they prepare and review contracts, conduct searches on the property, and manage the settlement process. Their job is to protect you from potential legal risks and ensure everything runs smoothly.

Conveyancers focus exclusively on property transactions, which makes them knowledgeable and efficient in this area. For first home buyers , their expertise can simplify what might otherwise be a confusing process.

How does a conveyancer differ from a regular lawyer?

A conveyancer specialises in property transactions, while a lawyer handles a broader range of legal matters.

Lawyers may assist with property purchases, but they also handle areas like criminal law, family law, or business disputes. Conveyancers focus solely on property, which can make their services more affordable for straightforward transactions.

Comparison: Conveyancer vs lawyer

Understanding the differences can be useful in deciding which professional suits your specific needs:

Aspect	Conveyancer	Lawyer
Specialisation	Property transactions only	Broad legal expertise, including property law
Cost	Generally more affordable for straightforward cases	Typically higher due to broader qualifications
Qualifications	Licensed conveyancer	Law degree and legal practising certificate
Services provided	Contract reviews, title searches, settlement	Includes conveyancing plus handling disputes, wills, and more
When to choose	Standard property transactions	Complex legal issues or disputes involving property

When might a lawyer be preferred?

While conveyancers are experts in standard property transactions, some situations require the broader expertise of a lawyer.

• Complex property disputes: If there’s a disagreement over ownership or boundaries, a lawyer’s legal training can help resolve these issues.
• Commercial property transactions: Lawyers may be needed for contracts involving businesses, leases, or other commercial considerations.
• Off-the-plan purchases: If you’re buying a property that hasn’t been built yet, a lawyer can navigate the extra complexities in the contract.
• Unusual legal circumstances: Situations like inherited property, joint ownership agreements, or bankruptcy require a lawyer’s expertise.
• Litigation risks: If there’s a chance of legal action, such as a claim against the seller, a lawyer might be better equipped to assist.

What are the benefits of working with a conveyancer to buy a first home?

A conveyancer’s expertise can simplify the process of buying your first home, making it potentially less overwhelming and more manageable. Here are some possible benefits:

• Expertise in property law: Conveyancers specialise in property transactions, and seek to ensure everything complies with legal requirements.
• Thorough contract reviews: They check contracts for potential issues, helping you understand the terms before signing.
• Property searches: Conveyancers conduct checks on the property’s title, zoning, and other legal factors to avoid surprises later.
• Efficient settlement process: They coordinate with banks, sellers, and other parties to ensure settlement goes smoothly and on time.
• Cost-effective service: For standard transactions, conveyancers often provide affordable solutions tailored to first home buyers’ needs.

Please note this information is general and doesn’t consider your specific circumstances. It’s wise to consult a licensed professional to figure out the best approach for your situation.

Could a first home buyer purchase a property without a conveyancer?

Yes. You can buy a property without a conveyancer, but it’s not typically recommended due to the complexities involved. Here are some of the legal and financial implications of buying property:

Understanding contracts

• Property sale contracts are detailed and include legal terms that can be challenging to interpret.
• Missing key clauses or overlooking special conditions can leave buyers at a disadvantage.
• Negotiating amendments requires legal expertise to ensure your rights are protected.

Performing due diligence

• Buyers must investigate the property’s title, zoning, and any restrictions, such as easements or covenants.
• Conducting environmental and building compliance checks ensures the property meets legal standards.
• Overlooking due diligence can result in unexpected liabilities or additional costs after purchase.

Managing settlement

• Coordinating with banks, sellers, and government agencies during settlement requires precision and timely communication.
• Calculating adjustments for rates, taxes, and utility bills must be accurate to avoid financial discrepancies.
• Any delays or errors in the settlement process can jeopardise the transaction and incur penalties.

Handling the legal process yourself means managing contracts, title searches, and settlement without professional help. Mistakes can be costly. Without a conveyancer who specialises in navigating property transactions, you’ll need a strong understanding of property law.

While some buyers might succeed without professional assistance, the risks often outweigh the potential savings. Legal errors can lead to serious consequences.

If you’re considering going without a conveyancer, weigh the risks and think about whether you’re comfortable handling these tasks alone.

How can I find a conveyancer?

Though buying a house can be complicated, finding the right conveyancer doesn’t have to be. Start by asking for recommendations from friends, family, or trusted professionals. Real estate agents often work with conveyancers and might suggest reliable options.

You can also look online for reviews and testimonials. Websites of professional associations, like the Australian Institute of Conveyancers , list licensed conveyancers by state. Exploring these resources can help you find qualified professionals.

Before deciding, contact a few conveyancers to discuss your needs. Ask about their fees, experience with first home buyers, and familiarity with local laws. Their willingness to communicate and explain the process can be a good indicator of their suitability.

Each property purchase is unique, so take the time to find a conveyancer who understands your situation.

What else should I consider?

Timing is crucial when engaging a conveyancer. It could help to contact one as soon as you decide to make an offer. Their early involvement ensures they can review the contract before you sign, helping to identify any potential issues.

Costs for conveyancers vary depending on their experience and how complex the transaction is. Many (not all) conveyancers offer fixed fees, which can help you budget more effectively. Be sure to confirm what their services include to avoid unexpected charges later.

Conveyancing laws and practices differ between Australian states and territories. Ensure your conveyancer is licensed and experienced in the area where the property is located.

Lastly, clear communication is key. A good conveyancer will keep you informed throughout the process, answering any questions and addressing concerns. Choosing a professional you feel comfortable working with can make a big difference.

Wrap up: conveyancers and first homes

A conveyancer plays a vital role in managing the legal side of buying your first home. They handle the details, from contracts to settlement, making the process more manageable. While it’s possible to buy without one, the risks and challenges can often outweigh the potential savings.

Finding the right conveyancer is about understanding your needs and choosing someone experienced, reliable and trustworthy. Their support can provide peace of mind during what can be a stressful process. Take the time to make decisions that suit your circumstances, and you home-buying journey can be much easier.