What Your Conveyancer Doesn't Check When Buying a House

We regularly hear this after a buyer discovers something unwelcome in a new home: ‘Didn't the conveyancer check that?’ It's a fair question, so we've written this guide to explain where a conveyancer's legal checks end and where your other due diligence begins.

The short answer: Under the Conveyancers Act 2006 (Vic), a licensed Victorian conveyancer checks the legal side of your purchase, including the contract of sale, Section 32 vendor statement, title, property searches and settlement. They don't physically inspect the building, value the property, arrange your loan, confirm fences match title boundaries or investigate day-to-day neighbourhood issues. Those jobs sit with building and pest inspectors, valuers, lenders or brokers, licensed surveyors and the buyer.

Buying a Melbourne property is a team job. The safest approach is to arrange the right checks before you become unconditionally bound.

What does a conveyancer actually check when buying a house?

A conveyancer checks the legal documents, title interests, disclosure material and settlement requirements. In Victoria, conveyancers must be licensed and carry professional indemnity insurance for the conveyancing work they perform.

A buyer's conveyancer will commonly:

review the contract of sale and Section 32 vendor statement before signing
confirm the property description and purchaser details
examine the title and plan for mortgages, caveats, covenants and easements
review owners corporation information for an apartment, unit or townhouse
flag disclosed planning, building permit or owner-builder issues
order relevant council, water, title and State Revenue Office certificates
calculate adjustments for rates and other outgoings
prepare duty and electronic settlement requirements
coordinate settlement with the lender and the vendor's representative through PEXA

For a fuller walkthrough, read our guide to what a conveyancer checks.

These legal checks aren't a substitute for inspecting the property or deciding what it's worth.

Does a conveyancer check the building's condition?

No. A conveyancer doesn't climb into the roof, test the stumps, identify termite activity or decide whether cracks are structural. A qualified building inspector assesses the physical condition, while a pest inspector looks for termites and other pest-related damage.

Your conveyancer's role is to protect the legal position around that inspection. Before you sign a private-sale contract, they can check whether a building inspection condition applies, whether a special condition has changed it and what deadlines must be met. Auction contracts are usually unconditional, so buyers commonly arrange inspections before auction day.

A conveyancer can also review the paper trail. The Section 32 may disclose recent building permits, owner-builder work, warranty insurance or council notices. Missing or inconsistent records may justify more questions, but paperwork can't reveal whether a floor is sinking or a roof is leaking.

In our practice, we've seen contracts where the title and Section 32 looked ordinary, yet the marketing photos showed a substantial rear structure that wasn't clearly explained in the documents. We couldn't assess whether it was safe. We could flag the inconsistency, ask for further information and recommend a building consultant review it before the buyer committed.

Does a conveyancer check for termites, asbestos or mould?

No. Termites, asbestos, mould, moisture and electrical defects require specialist inspection or testing. A conveyancer may notice references to these issues in disclosure documents, owners corporation records or correspondence, but they don't conduct the physical investigation.

Before signing, ask the inspector what their report covers, whether pest inspection is separate and whether specialist testing is recommended.

Does a conveyancer check what the property is worth?

No. A conveyancer doesn't provide a market valuation or tell you whether your offer is sensible for the suburb. A qualified valuer, buyer's advocate or appropriately experienced property adviser may help with price research, and your lender will usually obtain its own valuation for lending purposes.

If the bank valuation comes in below your offer, the lender may reduce the amount it will advance. You may need a larger cash contribution, a different loan arrangement or a valid contractual way to end the purchase.

That is where conveyancing becomes relevant. Your conveyancer checks the finance condition, including the named lender, approval deadline and notice requirements. A vague or deleted finance condition can leave you exposed even though the valuation problem began at the bank.

Does a conveyancer check your loan or borrowing capacity?

No. Borrowing capacity, interest rates, loan products, repayment structure and lender selection are financial and credit matters for your lender or mortgage broker. A conveyancer shouldn't pretend to be your finance adviser.

A conveyancer manages the contract side of finance. They can explain the finance condition, monitor the deadline, request an extension where appropriate and coordinate with the lender for settlement.

Pre-approval isn't the same as unconditional loan approval for a particular property. Buyers should confirm the lender has assessed the signed contract, completed any valuation and issued the approval needed before allowing a finance condition to expire.

Does a conveyancer check the property boundaries on the ground?

Only on the documents. A conveyancer reviews the title plan, lot description, dimensions and registered easements. They can't stand at the property and certify that an old fence, garage wall or driveway sits on the legal boundary.

If the fences look different from the plan, a structure sits close to the edge or every square metre matters to a future extension, consider engaging a licensed surveyor for a re-establishment survey.

A surveyor establishes the title boundaries on the ground. If the survey identifies an encroachment or occupation issue, your conveyancer can then explain the legal and contractual implications and help decide what should happen before settlement.

Does a conveyancer check the neighbourhood and nearby development?

Not in the way a buyer needs. A conveyancer may review planning information affecting the property itself, but they don't spend evenings checking pub noise, peak-hour traffic, tram vibration, parking pressure, mobile coverage or how the street feels after dark.

Consumer Affairs Victoria's due diligence checklist points buyers towards issues they may need to investigate, including noise and odours, flood and fire risk, contamination, boundaries, services and planning controls. Sellers or estate agents must make the checklist available to prospective buyers, but completing the investigation remains the buyer's responsibility.

Practical checks may include:

Visit the street at different times, including a weekday peak and a weekend night.
Ask council about nearby planning applications and permits.
Check flood, bushfire and environmental information relevant to the address.
Test mobile reception and ask about internet connection options.
Confirm school-zone information directly with the relevant government source.
Speak with your insurer before signing if location-based risk may affect cover or premiums.

The Section 32 tells you what the vendor is legally required to disclose. It isn't a complete lifestyle report on the house, the adjoining properties or the suburb.

Does a conveyancer check renovations and permits?

A conveyancer checks disclosed paperwork, not the workmanship or full approval history of every visible improvement. They may review building permits, occupancy documents, owner-builder insurance and council notices included with the Section 32, then flag missing or unclear material.

The documents don't always prove every structure was approved or completed properly. A pergola, converted garage, deck or extra bedroom may need council enquiries and assessment by a building professional.

Why doesn't one professional check everything?

Each task needs different qualifications, methods and insurance. Conveyancers handle legal transfer work. Building inspectors assess physical defects. Surveyors establish boundaries. Valuers assess value. Brokers and lenders deal with finance.

Keeping those roles separate gives you the right professional for each risk.

For most Melbourne buyers, the safest order is:

Before offering or bidding: send the contract and Section 32 to your conveyancer and work through your own due diligence.
Before becoming unconditional: arrange building and pest inspections and obtain the loan approval required by the contract.
When boundaries look uncertain: engage a licensed surveyor before committing, where timing permits.
After signing: keep your conveyancer updated about finance, inspections and any new information.
Before settlement: complete a final inspection and report problems straight away.

A quick call to your conveyancer is still useful when you don't know which professional you need. A careful conveyancer will tell you plainly whether the issue is legal, physical, financial or something you should investigate yourself.

Frequently asked questions

What does a conveyancer check when buying a house?

A conveyancer checks the legal side of the purchase, including the contract, Section 32 vendor statement, title, plan, registered interests, relevant certificates, adjustments and settlement requirements. They may also review owners corporation information and disclosed permits. They don't physically inspect or value the property.

What doesn't a conveyancer check when buying a house?

A conveyancer doesn't check structural condition, termites, asbestos, mould, market value, borrowing capacity, physical fence locations or day-to-day neighbourhood conditions. Those matters require inspectors, valuers, lenders or brokers, surveyors and the buyer's own enquiries.

Do conveyancers do building inspections, and what doesn't a conveyancer check about condition?

No. Building and pest inspections are separate professional services. A conveyancer can check whether the contract gives you rights linked to an inspection and can manage any notice requirements, but the inspector assesses the building itself.

Does a conveyancer check the value of the property?

No. Conveyancers don't give market valuations or price opinions. A lender may arrange a valuation for loan purposes, while a buyer can separately engage a qualified valuer or buyer's advocate for independent price guidance.

Do I still need a building inspection if I have a conveyancer?

Yes. A contract review and a building inspection address different risks. The conveyancer checks legal documents and rights, while the inspector looks for physical defects that may not appear anywhere in the Section 32.

Who checks property boundaries, and what doesn't a conveyancer check on site?

A conveyancer checks the title plan and registered dimensions. A licensed surveyor checks where those boundaries sit on the ground. Where a survey identifies an encroachment or occupation issue, the conveyancer can advise on the legal consequences.

What doesn't a conveyancer check about the neighbourhood?

A conveyancer doesn't personally assess traffic, local noise, parking, mobile reception, school suitability or the feel of the area at different times. Buyers should visit more than once, review the Victorian due diligence checklist and make direct enquiries with council and other relevant authorities.

About the Pearson Chambers Conveyancing team

Pearson Chambers Conveyancing is a Melbourne-focused conveyancing practice supporting first-home buyers with contract reviews, Section 32 checks and settlements across Victoria. We handle first-home-buyer settlements as part of our daily work and explain the legal paperwork in plain language. Helping buyers understand what a conveyancer checks, and when another professional is needed, is part of what we do every day.

Sources we consulted

Talk to us before you sign

The cheapest time to find a contract problem is before your signature makes it your problem. Pearson Chambers Conveyancing offers Melbourne buyers a complimentary review. Learn more about our free Section 32 and contract review. We'll explain what the documents say, flag legal risks and tell you when an inspector, surveyor, lender or other specialist should be involved.

Email contact@pearsonchambers.com.au.

General information only, current as at the date of publication. Victorian conveyancing rules and legislation change frequently. Please contact the Pearson Chambers Conveyancing team for advice on your specific contract.