Conveyancing FAQs for Buyers.
PROPERTY BUYER FAQs. ASK. OWNED.
When should I hire a conveyancer when buying a property?
Ideally, before you sign or bid. The earlier we’re involved, the more we can protect you by reviewing the contract, flagging legal risks, negotiating terms, and explaining what’s in plain English. Whether you’re buying in Sydney, Melbourne, or Brisbane, getting us in early means no surprises later.
What exactly is a Contract of Sale?
It’s the legal blueprint of your purchase. It include details about price, deposit, settlement date, inclusions, disclosures, and any special conditions. In NSW, VIC, and QLD, contracts must also include certain certificates and documents by law. We review it line-by-line to make sure it’s accurate, compliant, and in your best interests.
What happens at an 'exchange of contracts'?
Exchange is when both parties sign identical copies of the contract, and your signed copy is swapped with the seller’s. It’s the moment the deal becomes legally binding. We handle the logistics (usually digitally), ensure deposits are paid correctly, and make sure your cooling-off rights or conditions are protected.
How long does conveyancing take when buying a home?
Most settlements happen in 4-6 weeks, but timing depends on finance, contract terms, and searches. In some cases (like auctions or cash purchases), it can be faster. We’ll give you a realistic timeline upfront and keep you updated in real time via our app.
What is the cooling-off period in NSW, VIC, and QLD?
It’s a legal safety net giving you a short time after exchange to change your mind:
- NSW: 5 business days (not for auctions; can be waived with a Section 66W).
- QLD: 5 business days (varies for certain property types).
- VIC: 3 business days (some exclusions).
We’ll guide you on when to keep it, shorten it, or waive it strategically.
What is a Section 66W certificate?
In NSW, it’s a document signed by your lawyer or conveyancer that waives your right to a cooling-off period, making the contract unconditional. It’s a strong negotiating tool, but we only issue it after a full review of your contract and reports.
Do I need a building, pest, or strata report?
Yes. These inspections are your insurance against buying a lemon.
- Building: Checks for structural issues.
- Pest: Looks for termites and infestations.
- Strata: Reveals the financial and maintenance health of an apartment complex.
We recommend these before committing, or as a condition in your offer.
What is gazumping and how can I avoid it?
Gazumping happens when the seller accepts your offer but sells to someone else before contracts are exchanged. In NSW, this is legal until exchange. The best defence? Quick contract review and fast exchange, both of which we specialise in.
What's an Off-the-Plan purchase?
It’s when you agree to buy a property before it’s built. The contract will include ‘sunset clauses’ and long settlement dates. We’ll explain your rights, deposit protections, and what to watch for in NSW, VIC, and QLD developments.
Can I check if there are planned developments nearby?
Yes. We can order council and planning searches to reveal approved developments, zoning changes, or infrastructure projects that could impact your property.
What's a pre-purchase survey and do I need one?
A survey confirms property boundaries and structures match what’s on title. It’s optional for most buyers, but worth considering if the property boundaries are unclear or disputed.
What happens if I'm buying at auction?
There’s no cooling-off period, so you must have your contract reviewed and finance ready beforehand. We’ll complete a pre-auction review so you know exactly what you’re bidding on.
How is the deposit paid and where is it held?
It’s usually 10% of the purchase price, paid to the agent’s trust account at exchange. Sometimes we can negotiate 5% deposits or delayed payment terms.
What happens between exchange and settlement?
Titlespace will:
- Complete searches (title, rates, water, strata, etc.).
- Coordinate with your lender.
- Adjust council/water/strata fees.
- Keep you and your agent updated in real time.
What is a pre-settlement inspection?
It’s your final walkthrough before settlement to ensure the property is in the same condition as when you bought it, with all agreed inclusions left in place. If there’s an issue, we negotiate a fix or compensation.
Who arranges settlement?
Titlespace does. In NSW, VIC, and QLD, settlement is now digital (via PEXA or Sympli). We coordinate all parties so you don’t have to attend in person.
Who notifies the authorities after I buy?
We notify the local council, water provider, and (if relevant) strata manager. You’ll need to set up utilities like gas, electricity, and internet. We will help you with that through our Titlespace Connect concierge services.
What if settlement is delayed?
We act fast to protect your rights. If the seller is at fault, you may be entitled to compensation. If you cause the delay, penalty interest may apply, which is why we keep your file moving at pace.
What does 'vacant possession' mean?
It means you get the property empty and ready to move in. No tenants, furniture, or seller’s belongings. We make sure it’s clearly stated in the contract.
How can I own property jointly with another person?
- Joint Tenants: Equal shares, automatic transfer to the surviving owner.
- Tenants in Common: Defined ownership shares, passing under your will.
We’ll help you choose the right option. For more information check out our blog post about the differences between Joint Tenants and Tenants in Common.
Can you help First Home Buyers access grants and concessions?
Yes. We handle the paperwork for stamp duty concessions. We also assist your broker with First Home Owner Grants, and shared equity schemes available in NSW, VIC, and QLD.
Can you act if I'm interstate or overseas?
Absolutely. Our 100% digital service means we can act for you wherever you are, from ID checks to settlement, without you setting foot in an office.
What's included in your fixed fee for buyers?
All legal work from contract review to settlement. Searches and government fees are charged at cost and quoted upfront. No hidden “surprise” extras.
How fast can you review my contract?
Urgent reviews can be done in hours. Standard reviews are usually within 48 hours, keeping you competitive in a fast-moving market.
What's the Titlespace 100% Satisfaction Guarantee?
If you’re not completely satisfied with our conveyancing service, we refund our legal fees. It’s our way of showing we stand behind our work.
