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Buying or selling property in Melbourne is exciting, but it can also be stressful if your chosen conveyancer is not meeting expectations. You may be wondering whether it is possible to swap professionals once the wheels of the transaction are already in motion. The short answer is yes, Victorian law allows you to change conveyancer at almost any stage of the process, provided you follow a few practical steps and settle any outstanding fees. This article walks you through why you might switch, how to do it, and what costs or delays to anticipate.
1. Can you legally change conveyancer in Victoria?
Under the Conveyancers Act 2006 (Vic) and the Conveyancers (Professional Conduct) Regulations 2018 (Vic), you are the client and remain free to withdraw instructions at any time, as long as you give reasonable notice and pay for work already completed. Regulation 22 of the Professional Conduct Regulations specifically covers the "termination of licensee's services," requiring the outgoing conveyancer to release your file once those conditions are met Victorian Legislation.
Consumer Affairs Victoria also reminds consumers to ensure any new conveyancer is properly licensed and listed on the public register Consumer Affairs Victoria.
2. Common reasons people decide to switch
Poor communication – Unanswered calls and late email responses quickly erode confidence.
Unexpected fee blow-outs – Hidden costs or hourly rates that climb well beyond the original quote.
Lack of local knowledge – A conveyancer based interstate may overlook Melbourne specific planning overlays or Owners Corporation rules.
Limited digital capability – Nearly all Victorian settlements are now finalised online via PEXA; if your conveyancer is not PEXA certified, settlement can be delayed.
Conflict of interest – For example, the same firm acting for an associated party.
You have simply lost trust – Sometimes personalities do not align.
3. The best time to change conveyancer
Technically, you can change at any point up to settlement day, but the earlier you act, the smoother the swap.
Before signing the contract – Easiest, as little work has been done.
Cooling off period – If you are the buyer and still within your three day statutory cooling off window, switching is straightforward.
Between contract and settlement – Most changes happen here. Aim for at least 14 days before settlement to give your new conveyancer time to verify identity, open a PEXA workspace, and review searches.
Last minute changes – Possible, but risky. Extra fees for urgent work and a postponed settlement date are real prospects.
4. Step by step process for switching
| Step | What to do | Why it matters |
| 1 | Review your costs agreement | Look for any clause outlining how much notice must be given and what fees are payable on termination. |
| 2 | Line up a new conveyancer | Confirm they are licensed, PEXA-ready and comfortable meeting your deadline. |
| 3 | Give written notice to the current conveyancer | A brief email or letter is sufficient state the date you wish to end the retainer and request a final invoice for work to date. |
| 4 | Pay outstanding fees promptly | Your file will not be released until the account is settled, per Regulation 22 Victorian Legislation. |
| 5 | File transfer and PEXA hand-over | The outgoing conveyancer forwards searches, VOI records and the PEXA workspace invite to the new firm. |
| 6 | Authority to act | Sign the new engagement letter and Client Authorisation Form so the incoming conveyancer can communicate with your lender, the agent and the vendor’s solicitor. |
| 7 | Update key dates | The new conveyancer should confirm any critical contract dates (finance approval, building and pest, settlement) and liaise with all parties to maintain the timeline. |
5. Costs involved in changing conveyancer
Fees owing to the first conveyancer – You must cover searches already ordered, professional time accrued, and any disbursements. Typical mid-transaction termination fees range from $300 to $700, plus disbursements, although each firm sets its own schedule.
New conveyancer's full fee – Most charge a fixed amount for a standard residential matter; clarify if they give a discount where part of the groundwork is complete.
Search duplication risk – Occasionally, new searches are required if originals are out of date.
Potential lender rescheduling fee – Some banks charge if settlement is postponed.
While double paying may appear daunting, many clients decide the peace of mind and reduced stress outweigh the extra cost, especially when the property is a major life investment.
6. Will changing conveyancer delay settlement?
Delays are possible but not inevitable. The chief determinants are:
Timing – Swapping two days before settlement almost guarantees an extension request.
Document hand over quality – Incomplete files slow things down. Regulation 23 obliges the old conveyancer to cooperate and transfer work efficiently, but human factors still play a role.
Bank readiness – Your lender must accept settlement date changes through the PEXA platform.
Most Melbourne firms that specialise in "take over files" can get up to speed within a week if the outgoing conveyancer provides everything promptly and outstanding funds are paid without argument.
7. Tips for choosing your replacement conveyancer
Verify the licence – Use the Consumer Affairs public register to ensure the practitioner is current Consumer Affairs Victoria.
Demand PEXA expertise – Ask how many electronic settlements they completed last month.
Local market familiarity – A conveyancer who deals daily with councils such as Moreland, Yarra or Casey will know typical rates adjustments and drainage easement quirks.
Transparent quote – Look for an all inclusive fee covering professional service, GST and basic searches.
Communication promise – Weekly updates via email or phone keep you informed.
Added value – Free Section 32 (vendor statement) reviews are a bonus for buyers assessing multiple properties.
8. Frequently asked questions
Will I forfeit my deposit if settlement is delayed?
Not automatically. The standard Victorian contract imposes penalty interest per day of delay, but parties often negotiate. Your new conveyancer will calculate any exposure and seek an extension if needed.
Can I change conveyancer after unconditional finance approval?
Yes. Notify your lender straightaway so they can update their records and issue new settlement instructions.
Does the vendor have to agree?
No. The vendor simply deals with whoever represents you. Your change has no bearing on their rights.
What happens to my trust account funds?
If money is already sitting in the old conveyancer's trust account (for example, for settlement adjustments), it must be transferred directly to the incoming conveyancer's trust or refunded to you.
9. Key take aways for Melbourne property clients
- You are legally entitled to change conveyancer at any stage, provided you settle fees for work done.
- The safest window for switching is at least two weeks before settlement.
- Choose a licensed, PEXA ready, Melbourne savvy professional who offers transparent pricing and proactive communication.
- Acting quickly minimises delays and protects your settlement date.
Conclusion – Ready to make the change?
If your current conveyancer is not delivering the service you need, do not feel locked in. With the right guidance and prompt action, changing conveyancer can rescue your transaction and restore peace of mind.
For personalised advice or a seamless take over of your file, contact Pearson Chambers Conveyancing today for a free Section 32 contract review:
Phone: 03 9969 2405
Email: contact@pearsonchambers.com.au