Conveyancing Lawyers in Victoria and New South Wales

Conveyancing (Victoria & New South Wales)
Sartori Legal Services | Victoria & NSW | Phone: 03 5721 8500
Last updated: 15 January 2026

Conveyancing Solicitors – Victoria & New South Wales
Buying or selling property is one of the largest financial decisions most people make. Conveyancing is the legal process that helps ensure the transfer of property is completed correctly, safely and on time.

Sartori Legal Services acts for the client only.
The role is to protect the client's interests, explain what the contract means, manage risk, and guide the transaction from start to finish.

Call 03 5721 8500 to discuss a sale or purchase (residential, rural or commercial) in Victoria or NSW.

Important Notice (Read Before You Sign Anything)

Do not sign a Contract of Sale (or make an offer) before you have had legal advice.
Once signed, a contract can become legally binding quickly (and in some circumstances immediately). Many property issues are difficult or expensive to fix after signing.

This page provides general information only. It is not legal advice and may not reflect the requirements of every transaction.

Fixed-Fee Conveyancing (Standard Residential Matters)

Sartori Legal Services charges a fixed fee for standard residential conveyancing (buying or selling), to provide cost certainty and reduce surprises.

Inclusive professional fees (no add-ons for standard items)
The fixed fee is inclusive and does not include “add-ons” to professional fees for routine conveyancing work. In particular, no extra professional fee is charged for Verification of Identity (VOI) or other standard administrative steps that form part of a typical conveyance.

Third-party costs (disbursements)
Conveyancing commonly involves disbursements—costs charged by external providers—which are separate from professional fees. Depending on the matter, these may include:

• title and property searches
• council, water, owners corporation and other certificates (as applicable)
• lodgement and registration fees
• electronic conveyancing platform fees
• stamp duty.

Likely disbursements are outlined at the start of the matter to assist with budgeting.

 

What Is Conveyancing?

Conveyancing is the legal work involved in transferring ownership of real estate from a seller to a buyer. It typically includes:

1. reviewing and negotiating the Contract of Sale
2. checking title and property details (including restrictions and encumbrances)
3. managing legal disclosures and certificates
4. liaising with lenders, agents and the other side's representative
5. calculating adjustments (rates, owners corporation fees, etc.)
6. completing settlement and ensuring the transfer is registered.

Most property in Australia is held under the Torrens Title system, meaning ownership is recorded on a government register. Many matters are now completed electronically via platforms operating under the national e-conveyancing framework (including ARNECC requirements).

Who Can Do Conveyancing? (Conveyancer vs Solicitor)

Depending on the state and transaction type, conveyancing may be performed by a licensed conveyancer or a solicitor.

A solicitor can:

• conduct conveyancing; and
• assist with broader legal issues that can arise alongside the purchase/sale (for example, contract risk allocation, disputes, complex titles, deceased estates, or commercial considerations).

Sartori Legal Services provides conveyancing services for:

• sales and purchases (buyer or seller)
• residential, rural and commercial property
• off-the-plan transactions
• deceased estate sales
• sale by mortgagee
• retirement villages and nursing homes
• complex conveyancing matters in Victoria, and conveyancing matters in NSW.

Verification of Identity (VOI) – A Core Step in Modern Conveyancing

VOI is now an integral part of conveyancing in Victoria and NSW.
VOI is a standard identity-check process designed to reduce the risk of fraud in property transactions. It is required in many dealings with land, particularly where documents are signed and lodged electronically.

Why VOI is required VOI supports the integrity of the land titles system by:

• confirming the client is the person they claim to be; and
• helping prevent fraudulent transfers, mortgages, and other dealings.

How the VOI process works (general overview)

VOI usually involves:

1. Booking an appointment early
   VOI should be completed as early as practical to avoid settlement delays.
2. Providing acceptable identity documents
   Clients are asked to provide identity documents (typically a mix of photo ID and supporting documents). The exact combination may vary depending on what documents are available.
3. Identity check conducted (often in person)
   VOI is commonly completed face-to-face, or via an approved alternative process where permitted in the circumstances.
4. Record kept and certification completed
   A record is made that the VOI was completed in accordance with the requirements applicable to the transaction.

Cost approach
For standard residential conveyancing matters charged on a fixed-fee basis, VOI is included in the professional fee and is not charged as an additional professional fee item. However, remote VOI may incur an additional disbursement, depending on the method.

General “Before You Commit” Guidelines (Consumer-Focused Information)

The following are practical guidelines commonly reflected in consumer-facing resources and are provided here as general guidance:

1. Arrange finance early
   Pre-approval is not unconditional approval. Understand any lender requirements and timing.
2. Read the Contract of Sale carefully
   Pay attention to special conditions, settlement period, deposit terms, inclusions/exclusions, and default clauses.
3. Review the seller disclosure documents
   In Victoria, the vendor statement (commonly called the Section 32) is particularly important. In NSW, disclosure requirements differ and the contract package typically includes prescribed documents.
4. Obtain relevant searches and reports
   Common issues include easements, covenants, planning/zoning constraints, notices, building approvals, and owners corporation matters.
5. Consider building and pest inspections
   These can identify issues not obvious at inspection and may support negotiations. If possible, have these done before the contract is signed.
6. Understand cooling-off rules
   Cooling-off periods can apply in private sales but often do not apply in auctions and may be excluded or limited depending on the circumstances and state.
7. Do a final inspection before settlement
   Confirm the property is in the agreed condition and that inclusions remain.

Conveyancing – Typical Steps (At a Glance)

While every matter is different, most conveyancing transactions follow a similar pathway:

1. Engagement (instructions, initial guidance, and ID/VOI planning)
2. Contract review / contract preparation (depending on whether acting for buyer or seller)
3. Due diligence & searches (title checks, planning, rates, owners corporation, etc.)
4. Negotiation (special conditions, settlement date, risk items)
5. Signing and exchange / acceptance (timing varies by state and method of sale)
6. Finance and lender requirements (if applicable)
7. Pre-settlement preparation (adjustments, transfer documents, settlement booking)
8. Final inspection (buyer)
9. Settlement (often electronic)
10. Post-settlement (registration, notices, and confirmation of completion)

Victoria Conveyancing – Key Steps and Features

In Victoria, conveyancing commonly involves:

1. Contract of Sale and Vendor Statement (Section 32)

• A seller is generally required to provide a Vendor Statement (Section 32) containing key disclosures (such as title details, restrictions, outgoings, notices, services, and other prescribed information).

2. Buyer's review before signing

• A buyer should have the Contract and Section 32 reviewed before signing to identify unacceptable risks or negotiate changes.

3. Cooling-off (private treaty sales)

• A cooling-off period may apply in some circumstances, but it is limited and does not apply in all sale types (including most auctions).

4. Due diligence and searches

• Typical searches may include title/plan, council and water enquiries, land tax enquiries (where relevant), and owners corporation documentation where applicable.

5. VOI

• VOI is completed early in the matter and is a key step supporting secure settlement and lodgement.

6. Settlement preparation and adjustments

• Adjustments are commonly made for council rates, water rates, owners corporation fees and other outgoings.

7. Settlement and registration

• Settlement is frequently conducted electronically and ownership is then registered with the Victorian land registry.

New South Wales Conveyancing – Key Steps and Features

In NSW, conveyancing commonly involves:

1. Contract preparation (often before marketing)

• A contract is typically prepared for the seller early and usually includes prescribed disclosure documents.

2. Pre-exchange negotiation

• In many NSW private treaty matters, negotiation of contract terms commonly occurs before exchange (i.e., before contracts are signed/exchanged and the deal becomes binding), including negotiation of any special conditions.

3. Exchange of contracts

• Exchange is a key milestone in NSW practice and is commonly the point at which the transaction becomes binding (subject to any negotiated conditions).

4. Cooling-off (where applicable)

• A cooling-off period may apply to some residential purchases, but it can be varied or waived and does not apply to every transaction type.

5. Due diligence and searches

• Searches commonly include title, council and water/sewerage enquiries, and additional enquiries depending on the property (including strata records where applicable).

6. VOI

• VOI is completed early in the matter and is a key step supporting secure settlement and lodgement.

7. Settlement

• Settlement occurs on the agreed date, often electronically, with post-settlement registration following.

Common Issues That Conveyancing Helps Manage

Conveyancing is not merely “paperwork”. It is risk management. Examples of issues that can arise include:

• easements, covenants and restrictions affecting building or use
• planning/zoning constraints or notices
• title defects, caveats, or ownership issues
• owners corporation / strata issues (fees, disputes, special levies, building defects)
• incorrect or incomplete inclusions/exclusions (appliances, fixtures)
• short settlement timeframes or finance timing problems
• disputes about the condition of the property at settlement
• complex transactions (deceased estates, mortgagee sales, rural properties)

How Sartori Legal Services Can Assist

For Buyers

• contract and disclosure review before signing
• guidance on key risks and recommended due diligence
• negotiation of special conditions
• coordination with lender/broker (where applicable)
• settlement and registration.

For Sellers

• preparation of Contract of Sale and required disclosure documentation
• guidance on compliance and risk
• negotiation and settlement management
• stakeholder arrangements where appropriate.

Property Types

• residential, rural and commercial
• off-the-plan purchases and sales
• deceased estate sales
• sale by mortgagee
• retirement villages and nursing homes
• complex conveyancing matters.

 

Taxes and Other Government Charges

Victoria (VIC)

Foreign Purchasers (FIRB)
If a buyer is a foreign person (including certain temporary residents, companies or trusts), FIRB approval may be required before purchasing Australian property. This can affect contract terms and timelines, so it is best identified early. Foreign buyer rules and tax issues can affect timing, contract terms and settlement.
FIRB approvals, foreign resident withholding (FRCGW), GST withholding, and state duty/land tax can apply in some transactions. Early review helps avoid delays and unexpected costs.

 

Foreign Resident Withholding (FRCGW)
When selling Australian real property, foreign resident capital gains withholding can apply. In many standard transactions, the seller can provide an ATO clearance certificate so the buyer is not required to withhold and pay part of the price to the ATO. This is best organised early to avoid settlement delays.

CIPT (Commercial and Industrial Property Tax)
For commercial/industrial property in Victoria, CIPT may be relevant (including transition and ongoing annual tax considerations). This is not usually a standard residential issue, but it can be significant in business and commercial conveyancing.

Victorian duties and land tax (high level)

• Land transfer duty (stamp duty) is generally payable by the purchaser (subject to concessions/surcharges).
• Land tax is an annual tax that may apply to owners of Victorian land (subject to thresholds and exemptions).

GST and CGT

• GST can be relevant in transactions involving new residential, some residential land, and commercial property, including potential GST withholding obligations.
• CGT is a federal tax and may be relevant for sellers, particularly for investment properties.

New South Wales (NSW)

Foreign Purchasers (FIRB)
FIRB may apply to purchases by foreign persons (including certain temporary residents and foreign-controlled entities). Identifying this early helps manage risk and settlement timing. Foreign buyer rules and tax issues can affect timing, contract terms and settlement.
FIRB approvals, foreign resident withholding (FRCGW), GST withholding, and state duty/land tax can apply in some transactions. Early review helps avoid delays and unexpected costs.

 

Foreign Resident Withholding (FRCGW)
FRCGW may require a buyer to withhold and remit part of the purchase price to the ATO unless an exemption applies—commonly managed by the seller providing a valid ATO clearance certificate.

NSW duties and land tax (high level)

• Transfer duty (stamp duty) is generally payable by the purchaser (subject to concessions/surcharges).
• Land tax is an annual tax that may apply to owners of NSW land (subject to thresholds and exemptions).

GST and CGT

• GST may apply to new residential, some residential land, and commercial property, and may involve GST withholding at settlement.
• CGT is a federal tax and may be relevant for sellers depending on whether the property is a principal residence or investment asset.

CIPT note (NSW)
CIPT is a Victorian regime and does not apply in NSW in the same form.

Frequently Asked Questions (FAQs)

Do clients need a solicitor if the agent is “handling everything”?
Real estate agents facilitate the sale process. They do not act as the client's independent legal representative in the transaction. Conveyancing is the legal process of transferring ownership and managing contractual and title risk.

Do you charge extra for VOI?
No. For standard residential conveyancing matters charged on a fixed-fee basis, VOI is included in the professional fee and is not charged as an additional professional fee item.

Why do I need to complete VOI?
VOI is a standard requirement in modern conveyancing practice and helps protect clients and the integrity of land transactions by reducing identity fraud risk.

Can a contract be signed “subject to legal review”?
Sometimes special conditions can be negotiated, but signing first can significantly reduce negotiating power and increase risk. The safer approach is typically to obtain review before signing.

How long does conveyancing take?
Timeframes vary depending on the contract, finance, property type, and the parties' readiness. Settlement periods are negotiated and can be shorter or longer depending on circumstances.

Contact

Buying or selling property in Victoria or New South Wales?
Sartori Legal Services provides clear, practical conveyancing support to help clients complete property transactions smoothly and with confidence.

Phone: 03 5721 8500
Service areas: Victoria and NSW

Website Disclaimer

The information on this page is general in nature and is provided for informational purposes only. It is not legal advice and does not consider any person's objectives, financial situation or needs. Conveyancing requirements vary depending on the property, the contract, and the relevant state laws and practices.