Sep 09 2025

Conveyancer vs Solicitor in Victoria: Who Should You Use When Buying a Home?

Conveyancer vs Solicitor in Victoria

Buying property in Victoria is exciting, but it comes with legal responsibilities that can feel overwhelming. One of the first decisions you’ll face is choosing between a conveyancer vs solicitor. Both can handle property transfers, but the right choice depends on your situation.

This guide explains the difference in plain English, with a focus on Victorian law, so you’ll know exactly who to engage when it’s time to buy your next home.

What does a conveyancer do?

A licensed conveyancer specialises only in property law. They don’t get distracted by other areas of legal practice, their sole focus is on getting your property transaction completed smoothly.

In Victoria, a conveyancer will:

  • Review the contract of sale – making sure the terms are fair and you understand what you’re signing before you sign.
  • Check the Section 32 Vendor Statement – confirming that all required disclosures have been made and identifying any potential risks.
  • Order property certificates and title searches – ensuring the property has no hidden surprises like easements or caveats.
  • Prepare and lodge legal documents – from transfer of land forms to duty lodgments with the State Revenue Office Victoria.
  • Communicate with banks, agents, and councils – coordinating all parties so your settlement doesn’t fall through.
  • Manage settlement through PEXA – finalising the financial side of the transaction electronically.
  • Advise on Section 27 deposit release requests – protecting your deposit until it’s safe to release to the seller.

What do solicitors do?

What do solicitors do?

A solicitor is a lawyer who can handle property matters but also has training in wider areas of law. That makes them useful when your transaction involves more than just the basics.

A solicitor can:

  • Perform all conveyancing tasks – from contract checks to settlement.
  • Give advice on broader issues – such as trusts, tax structures, family law, or estate planning.
  • Draft or amend special conditions – ensuring your contract reflects unique circumstances like delayed settlements or building works.
  • Act in disputes – representing you if disagreements about the contract, title, or settlement escalate.
  • Handle complex ownership structures – including purchases involving companies or deceased estates.

If your purchase is unusual or has potential for disputes, a solicitor may be the safer choice. For everyday homebuyers, however, a licensed conveyancer is usually sufficient.

Licensed conveyancer vs solicitor: the key differences

RegulationLicensed by the Business Licensing Authority (BLA)Admitted by the Supreme Court of Victoria and regulated by the Victorian Legal Services BoardBoth must hold professional indemnity insurance
ScopeFocused only on property transactions (contracts, searches, settlement)Broader legal scope (property + disputes, tax, estate, family law)Choose solicitor when contracts are complex or disputes likely
FeesTypically fixed fee with disbursements (searches, certificates, PEXA)Fixed fee for simple matters; hourly billing for complex casesImportant when cost predictability matters
Focus100% dedicated to conveyancingProperty + other areas of lawDepends on whether you need wider legal advice

For most residential buyers in Victoria, the difference comes down to whether your purchase is simple or involves added risks.

Conveyancing vs solicitor: costs in Victoria

The cost of professional help depends on the property type and complexity of the matter.

  • Conveyancers usually work on a fixed-fee basis. You’ll receive an upfront quote that covers professional fees plus disbursements such as title searches, certificates, and PEXA fees.
  • Solicitors may provide a fixed-fee quote for a simple purchase, but if issues arise, they often switch to hourly billing. This can make the final bill harder to predict.

Both must also collect government charges, including stamp duty and title registration fees.

Stamp duty in Victoria

Conveyancer or solicitor when buying a house in Victoria?

The truth is, most property transactions in Victoria can be handled by a licensed conveyancer — and at Tahlia Hoegel Conveyancing, we go beyond the basics.

Choose a conveyancer when:

  • You’re buying a standard residential property and want a smooth, stress-free process.
  • The Section 32 vendor statement looks straightforward but you’d like a professional to flag any hidden risks.
  • You want cost clarity with a fixed-fee structure.
  • You need support with more advanced property matters such as:
  • Off-the-plan purchases – reviewing contracts, flagging sunset clauses, and protecting your rights.
  • Subdivisions – preparing documents and ensuring compliance.
  • Transmission applications – updating ownership when a property owner has passed away.
  • Lost title applications – helping you replace a missing property title.
  • Survivorship applications – transferring property to a surviving joint proprietor.
  • Transfers of land – managing ownership changes between family members, trusts, or others.

When to consider a solicitor:

If your purchase is tied to ongoing legal disputes.

If it involves complex taxation, family law, or litigation matters outside of property law.

Buying at auction this weekend? Send us your contract and Section 32 today for a fast review so you can bid with confidence.

At Tahlia Hoegel Conveyancing, we’re specialists in Victorian conveyancing and handle everything from pre purchase contract reviews to complex applications. Our focus is property, and we’re here to guide you from start to finish with clarity and care.

Conveyancer vs solicitor Australia

Across Australia, the distinction is much the same. The main difference is that in Western Australia, conveyancers are known as settlement agents. In Victoria, both solicitors and licensed conveyancers are authorised to complete property transfers, and lenders generally accept either.

Victoria-specific laws that matter

Victoria has its own property laws that shape whether a conveyancer or solicitor is the right choice:

  • Section 32 Vendor Statement: Discloses planning restrictions, easements, services, and ownership. Mistakes or omissions can give you the right to walk away from the contract.
  • Section 27 Early Release of Deposit: Sellers may request early release of the deposit before settlement. A conveyancer helps you object if it’s not safe.
  • Cooling-off period: Buyers have three clear business days to withdraw from most private sales. This does not apply at auctions.
  • Owners corporation certificates: Required when buying apartments or townhouses, showing levies, insurance, and special fees.
  • PEXA electronic settlement: Mandatory in Victoria for transferring property. A conveyancer manages this process end-to-end.

Not sure if the Section 32 looks risky? We’ll flag the issues before you sign, so you avoid nasty surprises. Contact our team of licensed conveyancers today.

Understanding a section 32 vendor statement

Process: from contract to settlement

The journey from signing a contract to getting the keys typically looks like this:

  1. Contract and Section 32 review – checking all documents before you commit.
  2. Finance and building clauses – making sure conditions are satisfied or extended if needed.
  3. Title and property searches – confirming there are no debts or restrictions.
  4. Insurance cover – arranging insurance once contracts are exchanged.
  5. Section 27 requests – advising on whether to agree to early deposit release.
  6. Settlement preparation -setting up PEXA, liaising with banks, and preparing transfer forms.
  7. Pre-settlement inspection – letting you check the property’s condition before handover.
  8. Settlement – transferring funds and registering ownership.
  9. Post-settlement tasks – notifying councils, water, and land registry.

Is it better to use a solicitor or a conveyancer?

For most Victorian buyers, a licensed conveyancer is the right professional to handle the legal work reliably and clearly. If your property involves more complexity, then a solicitor’s broader legal expertise may be worth engaging.

Worried about whether you need a solicitor? Call us today and we’ll give you clear advice based on your property and contract.

Conveyancer vs Solicitor FAQs

Do I need a solicitor or a conveyancer to buy a house in Victoria?

Both are legally able to handle property transfers. For most residential purchases, a conveyancer is sufficient. A solicitor is recommended if the purchase is complex or involves disputes.

Can a conveyancer act in court in Victoria?

No. Conveyancers cannot represent you in court. If a property dispute escalates, you will need a solicitor.

Do lenders accept conveyancers?

Yes. Licensed conveyancers are recognised by banks and mortgage lenders in Victoria.

What happens if settlement is delayed?

The buyer may owe penalty interest, or the seller may allow an extension. Both conveyancers and solicitors can negotiate extensions, but a solicitor may be better if disputes arise.

Is PEXA electronic settlement compulsory in Victoria?

Yes. All property transfers must be lodged electronically in Victoria.

Can I switch from a conveyancer to a solicitor mid-transaction?

Yes, but it may cause delays and additional costs. It’s best to choose the right professional at the start.

What’s included in a fixed-fee conveyancing quote?

Contract and Section 32 review, ordering certificates, managing settlement in PEXA, and handling disbursements like searches.

Here’s Our Final Outlook On Conveyancing vs Solicitor

When comparing a conveyancer vs solicitor in Victoria, the right choice depends on your property and your peace of mind. For most homebuyers, a licensed conveyancer provides the specialist support you need from contract to settlement. 

At Tahlia Hoegel Conveyancing, we help Victorians buy property with confidence. From reviewing your Section 32 to managing your PEXA settlement, we make the process simple and stress-free.

Buying soon? Get in touch with us today and send us your contract for a fast review before you commit protect yourself from costly mistakes.

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