Conveyancing is a technical process and can become complicated. Seeking professional help is strongly recommended. In some states and territories a seller or purchaser is allowed to do their own conveyancing using an online do-it-yourself conveyancing kit. In complex conveyancing scenarios the use of do-it-yourself kits can become problematic. Given the significant personal and financial implications of selling or purchasing land it is recommended that you seek guidance from a lawyer. You should also note that it is unlawful for an unqualified person to carry out conveyancing for another person. A specialist property lawyer can help with all issues that arise relating to both the purchase and sale of property.

A lawyer is able to assist the vendor (seller) both before and after the exchange of contracts.

• A person who is selling their property is called a vendor. In an off-the-plan purchase a property developer is the vendor. The developer is usually operating as a company. Where the vendor is a company there may be specific requirements for signing (executing) the contract.
• The written law relating to vendors requires the preparation of a contract of sale. In New South Wales this requirement is found in section 66R of the Conveyancing Act 1919 (NSW).
• The contract of sale must attach a number of required documents. There should be sufficient material in the contract to make appropriate disclosure to interested purchasers. A lawyer can guide a vendor on how to get the following required documents or can obtain the documents on a vendor's behalf:
  • a section 149 certificate;
  • sewerage connections diagram and sewer mains diagram;
  • documents related to other interests and registered dealings;
  • survey report;
  • building certificate;
  • insurance certificate; and
  • strata or community title documents.
• It is advisable to hire a lawyer to draft the contract of sale because if the contract does not comply with legal requirements a purchaser may be able to rescind (revoke or cancel) the contract at any time up until completion. A lawyer can also negotiate around any amendments requested by the purchaser. If accepted by the vendor the lawyer can incorporate the changes into the contract of sale. A vendor’s solicitor is also responsible for organising the exchange of contracts.

• After contracts have been exchanged your lawyer can assist you to:
  • draft replies to requisitions requested by the purchaser;
  • check and ensure that transfer documents are correct;
  • check settlement figures and request cheque directions;
  • organise any discharge of mortgage documents; and
  • attend settlement.

A lawyer can also assist a purchaser both before and after the exchange of contracts.

• A lawyer can help a purchaser by reviewing the contract of sale before signing and exchange of contracts, pointing out any onerous or undesirable conditions and negotiating any amendments to the contract required by the purchaser.
• A lawyer also makes any pre-contract searches or enquires that the purchaser may have including building and pest inspections.

• After the exchange of contracts a lawyer can assist a purchaser to:
  • order searches;
  • make any necessary enquiries;
  • order a survey report and obtain a building certificate;
  • draft and submit requisitions on title;
  • draft the transfer documents;
  • pay stamp duty on the contract;
  • ensure that there is clear title to the property;
  • liaise with the purchaser’s financier;
  • draft settlement figures;
  • conduct final searches; and
  • attend settlement and registration of title at Land and Property Information (LPI) or handover documents to the mortgagee.