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Moving house is one of those life admin marathons that can feel like a sprint. You are juggling open homes, finance, packing boxes, and a calendar full of key dates. If you are selling and buying at roughly the same time, a natural question pops up: can you hire the same conveyancer or conveyancer to handle both matters?
Short answer: Yes, if they are acting for you in two separate transactions. It is also common and often sensible. There is a catch though. They cannot act for both buyer and seller in the same property deal because that creates a conflict of interest. Below, we unpack the nuances for Victoria, with practical tips for Melbourne buyers and sellers.
First Principles: Who Does What in a Victorian Property Deal
Conveyancing is the legal work involved in transferring a property from seller to buyer. In Victoria, both licensed conveyancers and lawyers can carry out this work. Consumer Affairs Victoria notes that each party usually engages their own legal practitioner or conveyancer and explains the role differences at a high level.
Lawyers are regulated by the Victorian Legal Services Board and Commissioner, while non lawyer conveyancers must be licensed by the Business Licensing Authority and comply with the Conveyancers Act 2006. The LSBC confirms that both lawyers and non lawyers may perform conveyancing, provided they are properly authorised.
You will also hear about the Section 32 vendor statement. This is the disclosure document a seller must give a buyer before any contract is signed in Victoria. Consumer Affairs Victoria's seller guidance covers Section 32 and the role of your legal representative in preparing or reviewing it.
The Two Different Scenarios People Mean by "Same Conveyancer"
It helps to separate two very different ideas that get bundled into the same question.
1) One Firm Acting for You on Both Your Sale and Your Purchase
This is allowed and common. You are a single client with two matters. In practice, it can make life easier because one team has the full picture of your timelines, your bank requirements and your moving plans.
2) One Firm Acting for Both Sides of the Same Transaction
This is a problem. Acting for both buyer and seller in the same deal almost always creates a conflict of interest. The Legal Practitioners' Liability Committee highlights that while the Conduct Rules allow acting for multiple parties only with informed consent, it is a difficult standard to satisfy and is generally discouraged.
Public reporting has echoed this caution. It may be legal in some circumstances, but if an actual conflict arises the conveyancer can only continue for one client, and they must protect confidentiality for the other. That often means someone is left to find a new lawyer mid stream, which is stressful.
Bottom line: Using the same firm for your sale and separate purchase is fine. Using the same firm for both sides of the same sale is risky and usually not appropriate.
Why Using One Firm for Your Sale and Purchase Can Help
Fewer Moving Parts When Timing Matters
Most Victorian settlements sit in the 30 to 90 day range and are written into your contract. Lining up a same day sale and purchase, often called a contemporaneous or simultaneous settlement, is common in Melbourne. One firm coordinating both matters can help you avoid bridging finance by knitting the timelines together.
Better Coordination Inside PEXA
In Victoria, settlements take place online through the PEXA system. When you sell and buy on the same day, your workspaces can be linked so that funds flow from your sale to your purchase. PEXA's guidance explains linked financial settlements and how they allow simultaneous completion.
One Team Across Your Finance, Duty and Documents
Land transfer duty is assessed and paid to the State Revenue Office as part of settlement. A single team managing both matters keeps the paperwork consistent and the timing right. The SRO confirms duty applies to Victorian transfers and provides up to date guidance for buyers.
If settlement is delayed and interest is charged, be aware that some late settlement interest can form part of the dutiable value. Good coordination helps you avoid that cost.
Consistent Advice on Contract Conditions
If you are buying while selling, your lawyer or conveyancer can align special conditions. Examples include making your purchase subject to sale, adjusting settlement periods and checking chattels so there are no last minute surprises on what stays with the property. Consumer Affairs Victoria confirms that settlement timing is a negotiated term that typically sits between 30 and 90 days.
When You Should Use Different Firms
There are clear times to split representation.
Opposite sides of the same deal: If you are tempted to use the same firm as the other party, do not. The conflict risk is high and independent advice protects you. The conflict rules and professional guidance in Victoria warn against acting for both sides because the practitioner cannot fully advance the best interests of each client at once.
Multiple parties with competing interests: For example, a parent selling to a child, or a complex nomination scenario. Independent advice keeps everything transparent.
Any hint of confidential information overlap: The regulator's consumer factsheet explains how conflicts and perceived conflicts arise and why lawyers must avoid them.
What a Same Firm Sale and Purchase Looks Like in Practice
Picture this: You are selling a townhouse in Brunswick and buying a family home in Preston. You instruct one Melbourne firm for both matters.
Early Planning and Document Review
Your team prepares the Section 32 vendor statement and draft contract for your sale, or reviews the buyer's Section 32 if you are the one purchasing. CAV's guidance sets expectations on Section 32 content and timing.
Finance and Duty Checks
They liaise with your lender to order discharges, titles and payout figures for the sale, and align loan documents for the purchase. They also prepare the duty position for the new property through the SRO's digital system.
Dates That Fit Your Life
They recommend a settlement window that suits bank timeframes and your move, which in Victoria is commonly 30, 60 or 90 days.
Linked Settlements Inside PEXA
On the day, funds from your sale flow straight into your purchase using linked financial settlements. This reduces the need for bridging finance and cuts double handling.
Smoother Communications
One point of contact with oversight of both files means fewer crossed wires with real estate agents, lenders and the other side's representatives.
Pros and Cons of Using One Firm Across Your Sale and Purchase
Pros
- Fewer emails, fewer calls and clearer ownership of timelines
- One team across both files can spot clashes early and propose solutions
- Better alignment on settlement day logistics in PEXA
Cons
- If your buyer or seller later instructs the same firm by mistake, the firm will need to step aside from one matter to avoid a conflict. That can cause delay
- Large, fast moving chains still carry timing risk. Even the best coordination cannot fix a bank delay on the other side
- If your two transactions are very different in complexity, you might prefer a firm with deep expertise in the trickier one
Red Flags That Suggest You Should Not Share a Firm with the Other Side
- The other party proposes that their representative prepare the contract and advise both of you
- You are told a conflict waiver will cover everything. In practice, informed consent is narrow and hard to achieve safely. The professional guidance is clear that acting for multiple parties in the same matter is fraught
- There are family, business or trust relationships sitting behind the sale or purchase. Independent advice is the safest path
Practical Tips If You Want One Firm for Your Sale and Purchase
Ask about capacity and process: Who will own your timeline, who attends to each workspace in PEXA and who seconds them if they are away.
Confirm they will not act for the other side: Put it in writing. If the other side asks to use the same firm, expect your firm to decline or to step away from one file to protect you, consistent with conflict rules.
Share your dates and constraints early: Work back from your ideal move in week. Melbourne contracts typically nominate 30 to 90 days, so use that to design a realistic chain.
Get your finance rhythm right: Pre approval is not formal approval. Your team can help manage bank milestones and coordinate discharge on the sale and loan docs on the purchase.
Understand duty and adjustments: The SRO's guidance is the source of truth on land transfer duty. Your team will also calculate rates and other settlement adjustments.
Use pre settlement inspections wisely: Check that inclusions are present and that the property is in the expected condition before funds move.
Frequently Asked Questions
Is it cheaper to use the same firm for both my sale and purchase?
You may save a little through shared file knowledge and one set of ID checks. Fees still reflect the work on each file, including searches, certificates and PEXA fees. Ask for a written quote that separates professional fees and disbursements for each matter. Consumer Affairs Victoria recommends obtaining written quotes and asking about disbursements.
Can duty wait until after settlement?
No. Duty is assessed through the SRO's digital system and paid as part of the electronic settlement process.
What if my sale runs late and I am charged interest?
Late settlement interest can increase the dutiable value, which means you may pay more duty. Good coordination aims to avoid this.
What exactly happens on settlement day?
Your representatives and lenders finalise documents and funds inside PEXA. The title transfers to the buyer, outgoings are adjusted and keys change hands by arrangement with the agent. CAV's settlement guidance covers the essentials and typical timeframes.
A Simple Decision Framework for Melbourne Homeowners
Same firm for your sale and your separate purchase: Usually a good idea. It streamlines communication and helps with linked settlements.
Same firm for both sides of the very same sale: Avoid. The conflict risk is real and the regulators and professional bodies have been clear that it is unwise. If a conflict emerges, one client must be let go.
Final Word
If you are moving within Melbourne, using one experienced conveyancing team for your sale and purchase can take a lot of stress out of the process. You get one set of eyes on your dates, one voice coordinating with your lender and agent, and one team linking your settlements inside PEXA. Keep the golden rule in mind: The same firm should not act for both buyer and seller in the same deal. Independent advice keeps things fair and keeps the process on track.
Call to Action
If you want clear, practical guidance on whether one team can safely manage your sale and purchase, talk to Pearson Chambers Conveyancing. We are Melbourne based and happy to help. We also offer a free Section 32 contract review so you can buy with confidence.
Phone: 03 9969 2405
Email: contact@pearsonchambers.com.au