Selling a property is a major transaction — legally, financially, and emotionally. Yet one of the most common mistakes sellers make is waiting too long to engage a conveyancing solicitor.
Many people think they only need a lawyer once they have found a buyer or accepted an offer. In reality, by that stage, some of the most important legal groundwork should already be done.
In this article, we explain when and why to bring a conveyancing solicitor on board, what happens if you delay, and how early legal preparation can make your sale smoother, faster, and more profitable.
Why Timing Matters So Much
Every property sale in Australia must be accompanied by a legally compliant contract of sale. Without it, your real estate agent cannot lawfully market your property.
That means before you even advertise your home or upload photos to a listing website, you need a contract prepared by a solicitor or licensed conveyancer.
Your contract must include:
- A title search confirming ownership
- Zoning and planning certificates
- Drainage and sewer diagrams
- Inclusions and exclusions (what stays and what goes)
- Statutory disclosures required under your state’s property laws
Failing to have this ready delays your sale and risks losing buyers who are ready to make an offer immediately.
The Ideal Time to Engage a Conveyancer
The best time to engage a conveyancing solicitor is as soon as you decide to sell your property.
Early engagement allows your lawyer to:
- Gather all required searches and certificates before you list.
- Identify any title or planning issues that could hold up the sale.
- Prepare a legally compliant draft contract ready for buyers.
- Advise you on disclosures, inclusions, and settlement timing.
- Coordinate seamlessly with your real estate agent once the property goes to market.
When your contract is ready before your listing goes live, your sale process becomes significantly faster and more professional. Buyers take you more seriously, and agents can act immediately when an offer is made.
The Legal Requirement Before Advertising
In NSW, ACT, and Victoria, sellers must have a contract prepared before the property is offered for sale.
This requirement is not optional — it is set out in state legislation:
- NSW: Conveyancing (Sale of Land) Regulation 2022
- ACT: Civil Law (Sale of Residential Property) Act 2003
- Victoria: Sale of Land Act 1962
If you advertise without a compliant contract, you or your agent could face penalties and your sale could be delayed or invalidated.
Your solicitor ensures the contract includes all compulsory documents and disclosures, protecting you from future disputes or fines.
Why Early Legal Advice Pays Off
A conveyancing solicitor does more than fill out paperwork. They also help you make strategic decisions that affect the success of your sale, such as:
1. Choosing the Right Settlement Period
Standard settlement periods range from 30 to 90 days, but the right timeline depends on your circumstances. Your lawyer will coordinate this with your buyer’s conveyancer and any mortgage discharge requirements.
2. Managing Existing Mortgages or Caveats
If your property has an existing mortgage, your solicitor will arrange for its discharge at settlement. If there are caveats, liens, or encumbrances on title, these must be resolved early to avoid last-minute delays.
3. Ensuring Full Legal Disclosure
Every seller has a legal duty to disclose certain information about the property. Missing a required disclosure can lead to the buyer withdrawing or even suing for compensation. Your solicitor confirms that everything is covered.
4. Clarifying Inclusions and Exclusions
Fixtures such as light fittings, curtains, or appliances often cause disputes. Your lawyer will help you document what stays with the property and what you intend to take with you.
Early engagement means these issues are settled long before negotiations begin, avoiding confusion or conflict later.
What Happens After You Find a Buyer
Once a buyer has made an offer, things move quickly. Your conveyancer will:
- Review any requested changes to the contract.
- Confirm the buyer’s details, deposit, and settlement date.
- Exchange contracts with the buyer’s solicitor.
- Receive and hold the deposit safely in trust.
- Track all legal and financial obligations through to settlement.
Because the contract and certificates were prepared in advance, this process can happen within days — keeping your buyer committed and reducing the risk of them walking away.
The Cost of Waiting Too Long
Sellers who delay engaging a solicitor often face unnecessary stress, higher costs, and slower sales. Common problems include:
- Lost buyers: Buyers may move on if your agent cannot provide a contract immediately
- Incomplete disclosures: Missing information can give buyers legal grounds to withdraw.
- Settlement delays: Unresolved mortgage or title issues can push back settlement and damage trust.
- Higher disbursement fees: Certificates and searches ordered in a rush can cost more.
Early preparation avoids all these pitfalls and gives you more control over timing and negotiation.
How Early Engagement Helps Your Real Estate Agent
Agents can only do their job effectively when they have a complete and legally compliant contract to show potential buyers.
When you work with a conveyancing solicitor before listing:
- The agent can begin marketing immediately.
- Buyers can request and review the contract straight away.
- The agent can negotiate faster with serious buyers.
- The property can move to exchange as soon as terms are agreed.
It demonstrates professionalism, builds buyer confidence, and reduces the time your property spends on the market.
A Simple Timeline for Sellers
Here is a practical example of how the process ideally unfolds when you engage a solicitor early:
| Stage | Action | Who is Responsible |
| 1 | Decide to sell | Seller |
| 2 | Engage Velocity Conveyancing | Seller |
| 3 | Contract of sale prepared with all certificates | Solicitor |
| 4 | Property listed by real estate agent | Agent |
| 5 | Buyer makes offer | Buyer |
| 6 | Contract reviewed and exchanged | Solicitors |
| 7 | Deposit received | Agent or Solicitor |
| 8 | Settlement and ownership transfer | Solicitors and Banks |
By starting at step 2 rather than step 5, you stay ahead of the process and prevent the common delays that frustrate both buyers and agents.
How Velocity Conveyancing Simplifies the Process
Velocity Conveyancing has been helping sellers across ACT, NSW, and Victoria since 1968, providing trusted, transparent, and efficient legal support from start to finish.
When you work with Velocity, you get:
- A legally compliant contract prepared before you list
- Clear, fixed-fee quotes with no hidden costs
- Fast turnaround times for all certificates and searches
- Direct communication with your real estate agent to coordinate marketing and exchange
- Guaranteed fee-beat promise on any comparable quote
Our process ensures that your sale is legally secure, professionally managed, and ready to move the moment a buyer appears.
What if You Are Selling Privately?
If you are not using an agent and are selling privately, engaging a solicitor early is even more critical. Your lawyer will handle:
- Drafting the contract of sale
- Managing negotiations with the buyer’s solicitor
- Holding the deposit in trust
- Overseeing exchange and settlement
Private sales can save you commission but involve more personal responsibility — so having an experienced conveyancer on your side is essential.
The Bottom Line: Do Not Wait Until You Have a Buyer
By the time you have an offer, it is already too late to start preparing the paperwork. The most successful property sales begin with legal readiness, not marketing.
If you are thinking about selling in the ACT, NSW, or Victoria, now is the time to speak with a conveyancing solicitor. They will ensure that everything is in place so that when a buyer arrives, you can move quickly, confidently, and securely.
Ready to List? Get Legally Ready First
Selling a home should not be stressful or delayed by missing paperwork. With the right preparation, you can streamline your sale and protect yourself from legal risk.
Velocity Conveyancing’s experienced solicitors are ready to prepare your contract, manage disclosures, and guide you through every step — from listing to settlement.
Get a free quote today or call 1300 483 562 to speak with one of our property law experts.
Your sale deserves a smooth start and a secure finish and Velocity Conveyancing makes that possible.
This article provides general information only and shouldn't be considered specific legal advice. Every property situation is unique, and we recommend consulting with qualified solicitors for personalized guidance. Contact our team for legal advice.
