Common conveyancing mistakes when buying or selling property in NSW

Buying or selling property is often one of the largest financial transactions a person will make. While the conveyancing process may appear straightforward, even small mistakes can lead to costly delays, disputes, or unexpected liabilities. Understanding some of the most common conveyancing pitfalls can help buyers and sellers avoid unnecessary stress and ensure a smoother property transaction.

What is conveyancing?

Conveyancing is the legal process of transferring ownership of property from one party to another. It involves preparing and reviewing contracts, conducting searches, ensuring compliance with legal requirements, and coordinating settlement to finalise the transfer.

For many people, the process can seem administrative. However, each transaction carries significant legal and financial risks that need to be carefully managed.

Failing to review the contract before signing

One of the most common mistakes is entering into a contract without first obtaining legal advice.

A contract for sale may contain special conditions that affect the buyer or seller’s rights. These can include clauses relating to conditions that have to be met prior to settlement, defects, additional fees, and restrictions to the use of the property in question.

Once contracts have exchanged, parties are generally legally bound to complete the transaction. Having a solicitor or conveyancing review the contract before signing or alternately during a cooling off period, can help you identify the potential risks and allow amendments to be negotiated before you are bound by the terms.

Not conducting proper due diligence

Buyers should ensure appropriate searches and inspections are carried out before committing to the purchase.

Important due diligence steps may include:

• Pest and building inspections;
• Title and zoning searches;
• Reviewing council approvals for structures on the property; and
• Checking for easements, restrictions or covenants.

Failure to investigate these matters can result in unexpected issues after settlement, including development problems, disputes with neighbouring properties and hidden costs.

Overlooking settlement adjustments

The settlement process involves parties adjusting on financial items such as:

• Council rates;
• Water rates;
• Strata levies; and
• Land tax (if applicable).

If these adjustments are not properly calculated, either party may end up paying more than they should. Experienced solicitors and conveyancers ensure these adjustments are verified and accounted for when exchanging figures prior to settlement.

Delays caused by missing documents

Property transactions often involve strict deadlines. Missing documents, incomplete disclosure, or delays in obtaining mandatory certificates can slow the process and potentially jeopardise your position putting you at risk of costs and rescission.

Working with a solicitor or conveyancer early in the process can help ensure all necessary documentation is prepared and exchanged in accordance with set timeframes. 

Not seeking legal advice for complex transactions

While many property transactions follow a standard process, some situations can involve additional legal complexity.

Examples include:

• Purchasing property through a company or trust;
• Buying off-the-plan developments;
• Rural or large land purchases;
• Subdivisions or development potential; and
• Transfers between family members.

In these cases, legal advice can help ensure the structure of the transaction is appropriate and compliant with the relevant laws.

The value of experienced conveyancing advice



Property transactions involve significant financial commitments and legal obligations. Even experienced buyers and sellers can encounter unexpected issues if risks are not properly identified.

Seeking professional conveyancing advice early in the process can help:

 

• Identify and mitigate potential risks found in contracts;
• Ensure appropriate searches are conducted using the correct platforms;
• Manage settlement deadlines to remove the stress from you; and
• Avoid costly mistakes which you may be liable for.

With the right guidance, the conveyancing process can proceed smoothly, allowing buyers and sellers to focus on the next stage of their property journey.

Contact the number one conveyancing team in the Illawarra today. We are experienced,

 approachable, and here to ensure your transaction is smooth and stress-free.