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If you're house hunting around Melbourne, you'll hear one word as often as 'auction': conveyancer. Friends nudge you to get one. Agents ask who yours is. Lenders want their details. It's easy to nod along, then wonder quietly what a conveyancer actually does and when you should call one. Here's the friendly, no nonsense guide I wish every buyer got before they set foot in a Brunswick terrace or a Point Cook townhouse.
Conveyancing: The Legal Transfer Explained
Conveyancing is the legal transfer of property from seller to buyer. In Victoria, buyers usually engage either a licensed conveyancer or a legal practitioner to run the transfer, check the paperwork, liaise with the bank and settle the deal. There are differences in what each is legally allowed to do, and both sit in a regulated space, which is exactly what you want for the biggest purchase of your life.
Verify Your Conveyancer's License
If you prefer to go with a conveyancer rather than a solicitor, make sure they hold a Victorian conveyancer's licence. There's a public register you can search to confirm who you're dealing with. The register is maintained by Consumer Affairs Victoria and lists licence numbers and business locations.
Licensed conveyancers run trust accounts, follow professional conduct rules, and must give proper costs disclosure. These obligations aren't background noise they're part of how your money and title are kept safe.
When Should You Engage a Conveyancer?
Earlier than most people think. The ideal moment is before you sign anything, because your conveyancer can review the contract and the 'Section 32' vendor statement and help you shape any conditions you may need, such as finance or building clauses. The vendor must give you that Section 32 disclosure before any contract is signed. It contains the key facts about the property, from planning overlays to rates and services. Pair that with the government's due diligence checklist that's meant to accompany property sales, and you're already miles ahead of weekend only research.
The Melbourne Buyer Journey: Step by Step
1. Before You Make an Offer
A quick pre purchase review saves drama later. Your conveyancer will scan the Section 32 and contract for red flags, like unusual easements, missing owners corporation details, or clauses that tilt the field against you. They'll also nudge you to check the official due diligence checklist, which prompts buyers to look at planning, flood and bushfire risk, and more.
If you're buying an apartment in the CBD, Docklands or Box Hill, ask for the owners corporation certificate. It sets out fees, special levies and rules that govern daily life in the building. The certificate must be issued within 10 business days of a valid request and fee.
2. Cooling Off Rights for Private Sales
If you sign a private sale contract on a Tuesday, you usually have three clear business days to change your mind. There are clear carve outs, such as auctions or sales within three business days before or after an auction. If you do cool off, you'll forfeit $100 or 0.2 per cent of the price, whichever is higher. It's a small fee compared with buying a home that's not right for you.
3. Finance, Searches and Identity Checks
Behind the scenes, your conveyancer coordinates with your lender, orders the searches needed for settlement and ticks off identity verification. Victoria formalised 'verification of identity' to reduce fraud, so your conveyancer will ask for passports, licences and a face to face or digital check before they act.
If you're buying in an owners corporation, there'll be an owners corporation certificate. For all properties, you'll see council and water information used for settlement adjustments. The City of Melbourne, for example, issues Land Information Certificates that show rates and any arrears. Water authorities also provide information statements for adjustments. Your conveyancer pulls these threads together so the numbers are fair on the day.
4. Duties and Tax That Catch Buyers Out
Most buyers focus on price and forget the taxes. In Victoria, first home buyers can access a full exemption from stamp duty for eligible homes up to $600,000 and a concession between $600,001 and $750,000. Your conveyancer claims these at the right time in the online duties system.
GST Withholding for New Properties
Buying new or off the plan? Purchasers often have a 'GST at settlement' withholding job. For new residential premises or potential residential land, the purchaser may have to lodge ATO forms and pay the withheld GST direct to the ATO at settlement. Your conveyancer handles the Form One and Form Two lodgements and keeps the payment references tidy so there are no hiccups on the day.
Foreign Resident Capital Gains Withholding
There's also the foreign resident capital gains withholding regime. From 1 January 2025, the withholding rate increased to 15 per cent and the old $750,000 threshold was removed. In practice, your conveyancer checks that the seller provides an ATO clearance certificate. If they don't, you'll be told to withhold the 15 per cent and remit it. It's technical, and exactly the sort of thing you don't want to learn about on settlement morning.
5. Electronic Settlement Day, Melbourne Style
Victoria embraced e conveyancing years ago. Settlements are conducted online in a shared workspace with the land registry, banks and practitioners. You'll hear acronyms, you'll probably never see the room. What you'll notice is that title transfers and lodgements happen in real time and funds move quickly. Licensed conveyancers in Victoria can use PEXA to settle property transactions online, which is why keys usually follow soon after the funds hit.
6. Keys, Utilities and Aftercare
On the day, your conveyancer confirms adjustments for rates, water and any owners corporation levies, then swaps funds for title. After settlement, they'll send you the final statements, including duty paid and registration fees, and let the agent know when the keys can be released. If you're moving into a flat, remember the owners corporation rules around lifts and bookings. If you're moving into a house, book your electricity and gas to connect on or just before settlement so the lights are on when you arrive.
Why Timing and Paperwork Matter in Melbourne
Section 32 and the Paperwork Bundle
The Section 32 vendor statement is not a brochure. It's a legal disclosure that must be provided before you sign. If it's missing or defective, the sale can wobble. Your conveyancer reads this with a fine tooth comb and explains the practical meaning of each part, from planning overlays to notices.
Due Diligence Checklist
The official checklist encourages buyers to look beyond shiny kitchens. It prompts questions about flood risk, bushfire risk, building approvals and more. It's written to push you to ask better questions and to seek advice where needed. Your conveyancer will often send you the link and highlight the bits that apply to your home.
Verification of Identity
VOI sounds dull until you see why it exists. The land registry requires identity checks on everyone involved in a conveyance, which cuts the risk of identity fraud and unauthorised dealings. Expect to provide original ID and to complete a structured check well before settlement.
Owners Corporations, Townhouses and Terraces
Melbourne has a rich mix of property types. Apartments and townhouses will usually involve an owners corporation. The owners corporation certificate will show fees, insurance and any special levies. Your conveyancer makes sure those fees are adjusted correctly on settlement and that you know the rules you're buying into, whether that's pet approvals or move in windows. If you're buying a stand alone terrace in Carlton or a weatherboard in Werribee, the focus leans to planning matters, services and any building works done without permits. Either way, this is where a good conveyancer keeps you out of the weeds.
Understanding Conveyancing Costs
When you request quotes, you'll see two broad buckets: professional fees and disbursements. Professional fees cover the conveyancer's time and expertise. Disbursements are out of pocket costs paid to others, such as title searches, council and water certificates, and owners corporation certificates. You'll also face government charges like stamp duty and registration fees, which your conveyancer collects for payment on settlement. Understanding the difference helps you compare quotes fairly and budget without surprises.
Questions to Ask Before You Hire a Conveyancer
'Are you licensed in Victoria?' Then look them up on the public register to confirm.
'What will you do before I sign, and what will you do once I'm under contract?' You're looking for a clear plan that includes pre contract advice, searches, finance liaison, duty lodging and e settlement.
'How do you handle owners corporation purchases?' They should talk about certificates, rules and special levies.
'What are your fees and estimated disbursements, and what government charges should I budget for?' A transparent quote will separate each item.
'How will you verify my identity and keep my funds safe?' Look for a straightforward VOI process and a reference to trust account obligations.
Common Melbourne Property Scenarios
Off the Plan Apartment in the Inner North
You might qualify for first home duty concessions and you'll almost certainly encounter GST withholding processes. Your conveyancer will line up the ATO forms, liaise with your bank about progress payments if any, and keep an eye on sunset clauses.
Auction in Bentleigh East
No cooling off applies at or near auctions, so pre auction contract and Section 32 reviews are priceless. If numbers jump on the day, you want to be sure the paper is sound.
Townhouse with Shared Drive in Glen Waverley
Expect owners corporation documents even on a two lot plan. Your conveyancer checks the rules and ensures shared insurance and fees are understood before you commit.
Established Home in Sunbury
Straightforward doesn't mean simple. You still need council and water information, a clear title and accurate adjustments. Your conveyancer gathers the certificates and makes sure everything balances.
Why You'll Be Grateful You Called Early
A conveyancer won't make a bad house good, but they will stop a good decision turning messy. They speak the language of the paperwork, and they know where the traps sit in Victorian property law. From the rhythm of cooling off days to the dance between lenders inside the electronic workspace, they keep your file calm. That means you get to keep your weekends for inspections, coffee and ferrying between trams, instead of trying to translate legalese after work.
Understanding Risk and Remedies
If the vendor's disclosure falls short, or a material certificate is missing, your conveyancer will explain your options. They may negotiate repairs or credits, seek an extension, or explore statutory rights if the breach is serious. The whole point of regulated professionals, public registers and prescribed disclosures is to give you guard rails, not hoops.
Quick Checklist for Melbourne Property Buyers
- Get a pre contract review of the Section 32 and contract before you sign anything. Pair it with the official due diligence checklist.
- Know your cooling off position if it's a private sale, including the three business days and the small fee that applies if you rescind. Auctions are different.
- Expect GST withholding steps if the place is new or off the plan. Your conveyancer will lodge the ATO forms and point you to any duty concessions you can claim.
- Ask for the owners corporation certificate if buying in an owners corporation, and read the rules.
- Check your conveyancer on the public register and make sure you're crystal clear on fees and disbursements.
Ready to Buy with a Calm, Melbourne Savvy Plan?
If you'd like a second pair of eyes on a Section 32 or a contract before you make your move, Pearson Chambers Conveyancing offers a complimentary review. It's quick, friendly and focused on your goals.
Contact Pearson Chambers Conveyancing
Email: contact@pearsonchambers.com.au