Do I Need a Conveyancer to Buy or Sell Property in NSW?
There's no law in NSW that requires you to use a conveyancer. But in practice, completing a property transaction without one is virtually impossible — and attempting it exposes you to significant personal legal liability.
Why you effectively need one
Since 11 October 2021, all land dealings in NSW must be lodged electronically via a registered Electronic Lodgement Network Operator (ELNO) — either PEXA or Sympli — under the Conveyancing Rules made pursuant to section 12E of the Real Property Act 1900. Only licensed conveyancers and solicitors who are registered ELNO subscribers can access these platforms on your behalf. Without one, your settlement cannot proceed.
What a licensed NSW conveyancer does
Your conveyancer reviews the contract and explains the key terms and risks, negotiates special conditions, orders and interprets all required property searches, liaises with your mortgage lender, manages the electronic settlement workspace from beginning to end, and handles all transfer duty lodgements with Revenue NSW. They are also responsible for verifying the identities of all parties involved in the transaction.
Conveyancer vs solicitor
The NSW Government confirms that licensed conveyancers and solicitors are equally qualified to handle property conveyancing. Conveyancers are licensed by NSW Fair Trading under the Conveyancers Licensing Act 2003 and specialise in property transactions. Solicitors can also handle litigation and general legal matters beyond property. For standard residential purchases and sales, a licensed conveyancer is entirely sufficient and is often more cost-effective than a law firm.
When to engage
Ideally before you find a property. In a competitive market — particularly before an auction or in a fast-moving private treaty sale — you may have as little as 24 to 48 hours to have the contract reviewed before you need to act. Having your conveyancer lined up in advance means you can move quickly and confidently when you find the right property.
Get a free fixed-fee quote. Call My Property Kit on (02) 7241 7773, email hello@mypropertykit.com.au, or visit mypropertykit.com.au — available 7 days a week.
