When buying property in Victoria, you need a legal professional to handle the conveyancing process — reviewing the contract, conducting searches, managing settlement, and protecting your interests. But should you hire a conveyancer or a solicitor? The answer depends on the complexity of your purchase.
What is a conveyancer?
A licensed conveyancer is a specialist in property transfers. In Victoria, conveyancers must hold a licence under the Conveyancers Act 2006 (Vic) and carry professional indemnity insurance. They are qualified to handle the legal and administrative process of transferring property ownership.
Conveyancers can:
- Review and advise on the Contract of Sale and Section 32
- Conduct title searches and other property searches
- Calculate adjustments (rates, water, OC levies)
- Manage the settlement process through PEXA
- Handle the transfer of land and mortgage registration
What is a property solicitor?
A solicitor (also called a lawyer) holds a practising certificate from the Victorian Legal Services Board under the Legal Profession Uniform Law Application Act 2014. A property solicitor can do everything a conveyancer can, plus:
- Provide legal advice on complex matters (disputes, unusual contract terms, development issues)
- Draft and negotiate special conditions in the contract
- Represent you in legal disputes if the transaction goes wrong
- Advise on broader legal implications (tax, trust structures, family law considerations)
- Appear in court or tribunal on your behalf if necessary
Cost comparison
The cost difference is one of the main factors in the decision:
- Conveyancer: $800–$1,500 for a standard residential purchase in Melbourne. Regional areas may be slightly lower.
- Solicitor: $1,200–$2,500 or more. Complex transactions (off-the-plan, commercial, subdivisions) may cost $3,000–$5,000+.
Both typically charge a fixed fee for standard conveyancing, plus disbursements (title searches, PEXA fees, certificate fees) which usually add $200–$500.
When a conveyancer is enough
For a straightforward property purchase — an established house or apartment with a standard contract, no unusual conditions, and no complications — a licensed conveyancer can handle everything you need. This covers the majority of property purchases in Victoria.
When you need a solicitor
Consider engaging a solicitor if your purchase involves:
- Off-the-plan contracts: These are significantly more complex than standard contracts, with sunset clauses, deposit release provisions, and developer variations to negotiate
- Complex title issues: Properties with multiple easements, covenants, or restrictions that may need legal interpretation or removal
- Purchasing through a trust or company: If the property is being bought in a trust structure or company name, you need legal advice on structuring and tax implications
- Disputes or negotiations: If there are issues with the vendor, agent, or contract terms that require legal negotiation
- Commercial property: Commercial purchases involve different tax treatment (GST, capital gains), lease reviews, and zoning considerations
How to choose
Regardless of whether you choose a conveyancer or solicitor:
- Confirm they are licensed (check the Consumer Affairs Victoria register for conveyancers, or the Victorian Legal Services Board for solicitors)
- Ask for a fixed-fee quote in writing, including disbursements
- Check online reviews and ask for recommendations
- Confirm they are experienced with the type of property you are buying
- Ask how they communicate — will you have a direct contact, and how quickly do they respond?
Start your review before engaging a professional
Whether you choose a conveyancer or solicitor, arriving at your first meeting with an understanding of the key issues in your contract saves time and money. A Pre Contract Review at precontractreview.com gives you a clear summary of the Section 32 and Contract of Sale, highlighting the items you should discuss with your legal professional.