What is property?

The term “property” refers to things that someone owns or has a legal right to. This can include land and buildings (real property), personal belongings like cars and furniture (personal property), and creations of the mind like inventions or artworks (intellectual property). Each type of property has its own set of laws and rules.

What is a property lawyer?

A property lawyer is a legal expert who deals with matters related to property (real property like lands and buildings). This can include buying and selling real estate, handling leases, and dealing with issues like boundary disputes. 

When engaged, property lawyers help people understand the laws and rules that must be followed when dealing with property. They also prepare and review legal documents, such as contracts, to make sure everything is correct and fair for their clients.

What does a property lawyer do?

A property lawyer performs various tasks to assist clients with property-related matters. Whether that be advice, preparation, or review of documents.

Provides legal advice

They help clients understand the law related to property. This is important when buying or selling property or dealing with disputes. For example, they might explain what you can and can’t do on a piece of land you own.

Document preparation

Property transactions often require various legal documents. These can include contracts for buying or selling, leases for tenants, or deeds that show ownership. The lawyer prepares these to make sure they meet all legal requirements.


If a dispute ends up in court or in negotiations, a property lawyer speaks on behalf of their client. They will use their knowledge of the law to present the best case possible.

Due diligence

When buying property, it’s crucial to check if there are any issues that could cause problems later. This could include unpaid taxes, ownership disputes, or problems with the land itself. The lawyer helps by checking public records and other sources.

Dispute resolution

Property disagreements can happen in many ways. It could be a landlord and tenant arguing about rent, or neighbours disagreeing over where a property boundary is. The lawyer will help find a solution, either through talking it out or going to court.

Transaction facilitation

This means helping to make a property deal happen smoothly. They ensure that all steps are followed according to the law. For example, they might hold money in a trust account until a property sale is final, to make sure both parties do what they’ve agreed to.

When to contact property lawyers

Buying or selling property

A property lawyer can assist in drafting and reviewing contracts, conducting due diligence to ensure there are no legal issues with the property, and representing you at the closing. They can help you navigate complex regulations, thus minimising risk.

Leasing or renting property

Whether you’re a landlord drafting lease agreements or a tenant facing an eviction, a property lawyer can help. They can also assist in resolving disputes over things like security deposits or property damage.

Transaction facilitation

This means helping to make a property deal happen smoothly. They ensure that all steps are followed according to the law. For example, they might hold money in a trust account until a property sale is final, to make sure both parties do what they’ve agreed to.

Land use or zoning

If you plan to use a piece of land for a specific purpose like starting a business, zoning laws may restrict you. A property lawyer can guide you through the application process for zoning changes or variances and represent you at hearings.

Transaction facilitation

This means helping to make a property deal happen smoothly. They ensure that all steps are followed according to the law. For example, they might hold money in a trust account until a property sale is final, to make sure both parties do what they’ve agreed to.


If you’ve inherited property, a lawyer can help clarify the legal status of the property, assist in transferring deeds, and guide you through the tax implications of your inheritance.

Boundary disputes

Disagreements over property lines can become contentious. A property lawyer can help negotiate with neighbours and, if necessary, represent you in court to resolve the dispute.

Property investing

When investing in property, you’re often dealing with large sums of money and complex contracts. A lawyer can ensure that the investment is legally sound, help with the acquisition process, and provide advice on contractual obligations.

Legal disputes

If you’re facing a lawsuit related to property, such as a dispute with a neighbour or a construction company, a property lawyer can build your case and represent you in court.

Contract review

Before entering into any property-related agreement, having a lawyer review the terms can save you from future problems. They can point out any unfair terms and suggest changes to protect your interests.

Are property lawyers a legal requirement?

Similar to the question, “Do you need a conveyancer to buy a house?”, property lawyers aren’t a legal requirement for instances like buying and selling property. But, it’s often highly recommended. Professional advice can help you avoid future costly legal issues, and get the results both parties are happy with. 

Property law is a complex area, and to make informed decisions and safeguard your property, a property lawyer can help. 

What to look for in a property lawyer

When choosing a property lawyer, several key factors should guide your decision.


Firstly, look for someone who specialises in property law. Property law can be complex, and having an expert can make all the difference. For instance, if you’re dealing with retirement village contracts, a lawyer with experience in that area would be beneficial. Or, if you’re buying or selling real estate, a solicitor offering residential conveyancing would help.


First, you want to make sure they’re up to date on property laws in your area. For example, each state and territory in Australia has its own property laws– A Sydney property lawyer might refer to the Real Property Act 1900 No 25, while a property lawyer in Brisbane might bring up the Property Law Act 1974.

So you’ll want to find a property lawyer who’s able to provide you with guidance relevant to your area.

Experience and reputation

An experienced lawyer is likely to navigate the legal system more efficiently. Online reviews and testimonials can provide added insights into reputation and how they treat clients’ best interests.

So you’ll want to find a property lawyer who’s able to provide you with guidance relevant to your area.


Good communication is essential. You’ll want a lawyer who is reachable and responsive, whether it’s by email, phone, or in-person meetings. You’ll want a property lawyer you can call who will actually pick up the phone, and one who will make you feel glad you called.

Our property lawyer team

Choosing Marc Hardman & Associates isn’t just about hiring a property lawyer; it’s about securing a team dedicated to making your dream home a reality. Our expertise goes beyond mere contract review. We break down the legal jargon into plain English, highlight potential pitfalls, and even incorporate your suggestions to tailor the contract to your needs.

  • We’re experienced: With more than 40 years of experience dealing with laws surrounding the purchase and sale of property and businesses, we’ve learned a thing or two – and we share this experience with every client.
  • We’re fast: Time-sensitive? No problem. Our clients have come to us on a Friday and walked into an auction the very next day, armed with confidence thanks to our thorough due diligence. We dig deeper than conveyancers, scrutinizing contracts for issues they may overlook. Why? Because we’re real lawyers with an in-depth understanding of the complex intricacies of property contracts.
  • We care: Customer service is at the heart of what we do. When you call, you talk to us, not an answering machine. You’ll speak with an expert who understands your needs and can explain how we’ll meet them.
  • And we’re here for you: So why choose Marc Hardman & Associates? Because when it comes to your dream property, we offer not just legal expertise, but peace of mind.

Ready to turn your property dreams into reality? Don’t wait. Contact Marc Hardman & Associates now and experience the difference real legal specialists can make.

Choosing between conveyancers vs solicitors

It can be hard choosing between a conveyancer vs solicitor. Purchasing or selling a property is a significant financial decision and involves complex legal processes.

There are various stages, each requiring careful attention to detail and adherence to legal regulations. Some of these include contract preparation, contract review, property searches, exchange of contracts, cooling-off periods, financing and loan contracts, and mortgages and final settlements, among others.

Errors or oversights during these stages can result in financial loss, legal disputes, and a great deal of stress.

Time for a conveyancer or solicitor

Handing Keys To House Property Purchase

This is when conveyancers and conveyancer solicitors/property lawyers come into the picture.

With residential conveyancing you need expert assistance throughout the process, helping to ensure everything goes smoothly and that your interests are protected.

Choosing between a conveyancer and a solicitor is an important decision and should be based on your specific needs and circumstances. 

What is a conveyancer?

A conveyancer is a professional trained in the legalities of buying and selling property. They are instrumental in facilitating the transfer of property from one owner to another, ensuring that the process goes smoothly and that their client’s interests are protected at all times.

Whether you need representation is up to each party, but working with a conveyancer can make the complex process of buying or selling a property more manageable and less stressful. Their expert guidance and support can be invaluable, ensuring you meet all legal obligations and that your rights are protected throughout the process.

What is a Solicitor (property lawyer)

A solicitor, also known as a property lawyer, is a qualified legal professional who specialises in the legal aspects of property transactions. Unlike conveyancers, who primarily handle routine property transactions, property lawyers possess a broader depth of legal knowledge and are equipped to handle complex legal issues that may arise during property transactions.

Roles and responsibilities of a property lawyer (solicitor conveyancer)

Advising on complex legal issues

Property lawyers provide legal advice on more complex property matters, such as disputes, legal rights, property development, zoning issues, financing, or commercial property transactions.

Preparing and reviewing documents

Similar to conveyancers, property lawyers also prepare and review legal documents required for property transactions. However, they often deal with more complex agreements and contracts, such as lease agreements, loan agreements, and contracts for large commercial transactions.

Negotiating terms

Property lawyers can represent their clients in negotiations, helping to secure the most favourable terms and conditions in a transaction. This can be particularly valuable in commercial transactions or contentious property disputes.

Representing clients in court

If any disputes or complications arise leading to litigation, property lawyers can represent their clients in court. They can initiate or defend legal proceedings on their client’s behalf.

Managing complex transactions

Property lawyers are equipped to manage complex property transactions, such as those involving multiple parties, commercial properties, or properties subject to legal disputes.

Conveyancer Vs Solicitor Conveyancer Infographic

Conveyancer vs solicitors for property purchases

Many think that the choice between a conveyancer and a property lawyer (solicitor conveyancer) in New South Wales largely depends on the complexity of the property transaction you’re undertaking.

From years of experience, we can say that there is no such thing as a straightforward sale or purchase. We have been asked on numerous occasions to take over matters from Conveyancers where they have been unable to resolve a dispute or settle a claim.

Property lawyers (solicitor conveyancers) certainly come into the picture when there are more complex legal issues to navigate. For instance, if you’re purchasing a commercial property, there’s a dispute over the property, the property is part of an estate or trust, or there are complex contract terms involved, a property lawyer would be better suited to handle these scenarios. They have a more extensive legal background and can offer legal advice and representation beyond the scope of a conveyancer’s work.

Is a conveyancer or solicitor conveyancer better for a purchase or sale?

Both conveyancers and property lawyers are qualified to assist with property transactions. The choice between the two should be based on your individual needs and the complexity of your property transaction. 

It’s also worth noting that if your residential property transaction involves unique or complex issues — such as off-the-plan purchases, subdivisions, put and call options, or if the property is part of a deceased estate — you would also benefit from the services of a property lawyer.

For an honest chat about the differences between conveyancers and solicitors, and to learn more about how each can benefit you, please contact us. Our friendly team is backed by more than 40 years of experience in the purchase and sale of property and businesses and can help you.

Couple who recently bought home with conveyancer picking paint colours

When do you need a conveyancer when buying a home or property?

Buying or selling property in New South Wales can be as exciting as it is daunting. Between the anticipation of landing a dream home and the complexities of legal documentation, it’s very rarely a straight road. 

That’s where a conveyancer or solicitor conveyancer can help.

How a solicitor conveyancer helps when you need them

A solicitor conveyancer is a key member when you purchase a home, ensuring everything runs smoothly, on time, and without any unexpected hurdles. From reviewing contracts to managing legal documentation and negotiations, they act as your legal guidance taking the daunting out of the dealings.

Regardless of when you contact a solicitor conveyancer during your homebuying process, you will find assistance in their legal knowledge and expertise.

Knowing when to engage a conveyancer

Ideally, a conveyancer should be part of your journey from the moment you decide to enter the property market, whether buying or selling. They’re the first point of contact to help you understand the legal implications of your decisions and guide your steps accordingly.

But if you don’t contact them before property-searching, there you’ll likely need the services of a Solicitor Conveyancer before making an offer. Imagine finding your dream home and preparing to make an offer, only to realise you’re not fully aware of the legal obligations and potential pitfalls. 

And the same goes for selling a property. Just picture getting a dream offer, but unsure if it complies with the legal and contractual obligations, preventing you from taking the chance when it presents itself.

Regardless of how many few steps into the timeline of buying or selling a property, you can still reach out for legal assistance.

Timeline of property purchasing and when you need a conveyancer

There are five key stages to buying a home or property in New South Wales. Knowing them helps answer when you may need a conveyancer.

infographic timeline of when you need a conveyancer

1. Pre-purchase research & property hunting

During this stage, buyers are researching the property market and identifying potential homes that suit their preferences. 

A Solicitor Conveyancer can provide guidance on the legal considerations to keep in mind while property hunting. They can provide legal advice on potential pitfalls to avoid and help buyers understand the obligations and commitments associated with property contracts.

2. Property inspections & evaluations

Once you have a property in mind, inspections and evaluations become crucial. These include building inspections, pest inspections, and property valuation.

You may have already made an offer on a property at this stage. A solicitor conveyancer can guide you through these assessments and ensure any problematic findings are addressed legally in your contract of sale.

3. Making an offer

After completing your evaluations, you are ready to make an offer (if you haven’t already). This stage can be particularly stressful as negotiations take place.

A property lawyer can negotiate on your behalf, ensuring that your interests are best represented in the contractual terms. Furthermore, a solicitor conveyancer can help expedite the process, preventing any delays that might allow other buyers to step in.

4. Contract of sale review

Upon acceptance of your offer, the vendor will provide a contract of sale. This is a crucial document that outlines the terms of the property transaction.

A solicitor conveyancer will review this contract meticulously, identify any unfavourable terms, and negotiate amendments where needed. They can explain every aspect of the contract in plain language, ensuring you fully comprehend what you’re committing to.

5. Settlement

The final stage involves the settlement where ownership is transferred, and you become the official owner of the property.

To help you across the finish line, a solicitor conveyancer will manage the final checks and necessary paperwork, liaise with banks for fund transfers, and ensure that the property title is correctly transferred to your name.

When do you need a conveyancer and when do you need a solicitor conveyancer?

There are a number of requirements when buying and selling property in New South Wales and across Australia. Both conveyancers and solicitor conveyancers are legally qualified to assist with property transactions, but their roles and capabilities can differ significantly.

When you need a conveyancer

A licenced conveyancer is a professional trained specifically in property law. They can guide you through the process of buying or selling property, helping with paperwork, legal searches, and liaising with banks and other parties. However, their expertise is typically confined to property transactions.

When you need a solicitor conveyancer

On the other hand, a solicitor conveyancer, like those in our team, has a more extensive legal background. Beyond property transactions, they can provide advice and services relating to broader legal matters such as tax implications, estate planning, and complex disputes that may arise during property transactions.

Choosing a solicitor conveyancer ensures you have access to a broader spectrum of knowledge and can be particularly beneficial if your transaction is complex or out of the ordinary. With a Solicitor Conveyancer, you can have confidence that whatever your property journey throws your way, they’ve got the expertise to handle it.

Is it time to contact a conveyancer or solicitor conveyancer?

Navigating the property market can often seem like charting unfamiliar waters. What should be an exciting time is often overshadowed by legal complexities and uncertainties. That’s where engaging a skilled Solicitor Conveyancer plays a vital role. 

With a Solicitor Conveyancer in your corner, you’re not just gaining a guide through the property buying process. You’re getting a seasoned navigator who can help steer the ship, anticipate obstacles, and ensure your home-buying journey is as smooth as possible.

solicitor conveyancers in office

We can help you when you need a conveyancer

So whether you’re just starting your property search or quickly being handed contracts to sign… we can support you. 

While both conveyancers and solicitor conveyancers can assist with property transactions, the broad legal knowledge and skills offered by a solicitor conveyancer, like those in our team can provide a more comprehensive and secure service. 

We pride ourselves on our expertise, dedication, and exceptional client service. 

And with over 40 years of experience, we’re here to guide you through your property journey, ensuring that you are legally protected at every step, and ready to tackle any hurdle that comes our way… regardless of when you contact us.

Buying a house is an exciting yet complex process involving multiple steps such as securing a loan, negotiating a contract, and transferring the property title. In New South Wales, it isn’t legally required to have a conveyancer or solicitor conveyancer to buy a house.

But, having one can help to understand legal requirements and obligations, and to navigate them with ease.

A conveyancer, or a solicitor conveyancer, plays a vital role in ensuring the smooth transfer of property ownership from the seller to the buyer. Understanding what a conveyancer does as their roles and responsibilities is essential to navigating the home-buying process with confidence.

The role of a conveyancer when buying a house

A licensed conveyancer is a professional who specialises in conveyancing but is not a lawyer. 

They are qualified to handle the preparation and review of legal documents, conduct property searches, and provide guidance on regulatory requirements. Licensed conveyancers are regulated by their respective state or territory conveyancing licensing authorities and must hold a conveyancer’s license to practice. 

Their key roles when helping buy a house include; preparing and reviewing contracts, and property searches and investigations.

Preparing and reviewing contracts

Similar to a solicitor conveyancer, a licensed conveyancer is responsible for preparing and reviewing contracts of sale for a property. 

They ensure that the contract is accurate and compliant with all relevant laws and regulations. While they cannot provide comprehensive legal advice like a solicitor conveyancer, they are qualified to assist with the conveyancing process, ensuring that the necessary documents are in order.

Property searches and investigations

Licensed conveyancers also conduct property searches and investigations to uncover any potential issues or limitations associated with the property. 

They may examine zoning restrictions, land covenants, easements, and any outstanding rates or taxes. These investigations help to provide the buyer with the necessary information to make an informed decision and mitigate any potential risks related to the property purchase.

The role of a solicitor conveyancer when buying a house

On the other hand, a solicitor conveyancer is a qualified lawyer with a specialisation in property law

They are not only able to assist with the residential conveyancing process but can also provide comprehensive legal advice and representation in property transactions, disputes, and other related matters. Solicitor conveyancers are regulated by their respective state or territory law societies and are required to hold a practising certificate. 

The primary roles of a solicitor conveyancer when buying a house include conducting property searches, liaising with financial institutions, ensuring compliance with relevant laws, and providing guidance throughout the process.

Legal advice and representation

When buying a house, a solicitor conveyancer offers comprehensive legal advice and representation. 

They help clients understand their rights and obligations during the property transaction and provide guidance on property laws, tax implications, and potential disputes. Solicitor conveyancers are also qualified to represent their clients in court, should any legal issues arise during or after the property transaction.

Preparing and reviewing contracts

A solicitor conveyancer is responsible for preparing and reviewing contracts of sale for a property. 

They ensure that the contract accurately reflects the terms agreed upon by the buyer and seller and that all necessary clauses and conditions are included. Solicitor conveyancers also review contracts prepared by the seller’s legal representative, identifying any potential issues or discrepancies that may need to be addressed before the transaction proceeds.

Property searches and investigations

Solicitor conveyancers conduct thorough property searches and investigations to uncover any potential issues that could affect the buyer’s rights to the property or its future use. 

This may include checking for zoning restrictions, land covenants, easements, and any outstanding rates or taxes. These searches help to ensure that the buyer is making an informed decision and is aware of any potential liabilities or limitations related to the property.

Reasons when you need a solicitor conveyancer or conveyancer to buy a house

Couple Stressed About Legal Implications Without A Conveyancer 1

For help navigating legal documents

Property transactions involve various legal documents like the Contract of Sale, Transfer of Land, and Mortgage Agreement. Navigating and deciphering legal jargon included in these documents is one of the reasons homebuyers engage with conveyancers to buy homes. 

A solicitor conveyancer has the training and experience to prepare, review, and lodge these documents. In turn, conveyancers and solicitor conveyancers help ensure accuracy and compliance with laws while helping homebuyers understand what they’re signing.

Couple Looking At Financial Implications

To meet legal obligations

There are plenty of legal obligations that buyers need to fulfil during the property transaction process. For example, the buyer needs to conduct due diligence on the property. This would include various property searches and investigations like:

  • flood and fire risk
  • surrounding land use
  • obligations to manage pests and weeds
  • soil and groundwater contamination
  • ability to build new dwellings
  • planning controls

A solicitor conveyancer or conveyancer can carry out these tasks and identify any potential issues that could impact the buyer’s rights to the property or its future use

Couple in new house calling for help from a conveyancer

For help navigating financial implications

The conveyancing process can have financial implications that you might miss without professional guidance. 

For example, if there’s an error in the contract or an essential clause is omitted, it could result in financial losses or legal disputes. By having a solicitor conveyancer or conveyancer on your side, they can help negotiate the terms of the contract, protect your interests, and potentially save you money in the long run.

When to engage a solicitor to buy a house

While it’s not a legal requirement to engage a solicitor conveyancer or a conveyancer when buying a house in New South Wales, the invaluable expertise, guidance, and peace of mind they provide make them a wise addition to your home-buying team.

At Marc Hardman & Associates, we believe that our role in your property journey extends far beyond the transaction. Our firm is defined by our relationships with our clients – relationships that we build for life. With over three decades of service to the community, we take pride in our ability to retain clients across generations – it’s part of who we are. It’s not just about buying your first home; it’s about our team being there for you and your family through all the milestones of life.

We understand that buying a house is not just a significant financial investment but an emotional one as well. The legal complexities associated with it can often be overwhelming, leading to anxiety and fear. Our commitment to personal service aims to alleviate these fears. We listen carefully, speak in plain English, and provide clarity throughout the most complicated legal challenges. We want to ensure that you feel confident, informed, and supported at every step of your home-buying journey.

So whether you’re buying your first home, managing the legalities of succession, or navigating any other property law challenge, Marc Hardman & Associates is here to help. Contact us today, and let’s take this journey together.

The process of getting a house that meets your home needs and specifications can be a daunting one. That’s why you need all the professional help you can get. This is where a solicitor, or solicitor conveyancer can show you what they do.

In this post, you’ll be learning about conveyancers, what they do, and why you need one to help you get your dream home.

Let’s get right into it.

Who are Conveyancers and What Do They Do?

A conveyancer is a professional who helps people handle the legal process of buying and selling property. A licensed conveyancer or conveyancing solicitor helps you to handle the legalities of buying or selling a property.

Signing a contract to buy a house is only the beginning of the buying process. There are many other important factors that you need to consider and many checks that should be carried out before the transaction gets finalised.

A conveyancer ensures that the entire process of buying or selling a house runs smoothly. A conveyancer carries out various activities for you, whether you are buying or selling the property. These activities include:

  • Representing you in your property matter;
  • Giving you professional advice throughout your sale or purchase transaction;
  • Ensuring that you meet the legal obligations involved in the property transaction;
  • Protecting your rights throughout the selling or buying process;
  • Helping you with the settlement and title transfer process;
  • Ensuring that you fully understand your legal obligations;
  • Helping with the process of drafting all the contracts and obtaining the documents needed for the transaction;
  • Conducting the property inspection;
  • Paying Stamp Duty on your behalf and ensuring that you get registered as the new owner.

You need the help of a reliable conveyancing professional to help you with the house-buying process so that you don’t go through unnecessary stress or run into unpleasant situations.

Do You Need a Conveyancer to Buy a House?

If you’re new to the property market and you just don’t know where to start with the purchase of your home, you need a conveyancer to help you. A conveyancer will ensure that you meet the legal obligations involved in the property transaction. They will also protect your rights and interests throughout the purchase process.

The scope of work that a conveyancer has to undertake varies, depending on the complexity of each property transaction. That’s why, even if you’re not new to the property scene, it is recommended that you have a conveyancer on your side to help you handle any issue that may come up.

Also, you need a conveyancer to help you with the settlement and title transfer process. They are necessary if you want the purchase process to run smoothly.

Learn more about “Do You Need a Conveyancer to Buy a House?“.

When Should I Contact a Conveyancer?

You should get a conveyancer once you’ve made an offer on a property or have had your offer accepted. This is just the beginning of the purchase process and there are still a lot of steps to take to complete the transaction.

When you get a conveyancer, they will help you handle the legal aspects of transferring the property. They will help you oversee the contract, source for all the necessary documents, and carry out the necessary inspections of the property before the title passes to you.

When you’re buying a house, it is best that you get a professional conveyancer as early in the transaction as possible. This is to make sure there are no mistakes in the entire process.

So to answer when to engage a conveyancer when buying a house, the answer is typically as early as you can. For a handy infographic on this, and to learn more, read When Do You Need to Contact a Conveyancer?

Contact the Best Conveyancers to Help You Find Your Dream Home.

If you’re planning to buy a house or you’ve already started the process, you will need a conveyancing professional to help you navigate the necessary steps in the transaction. Buying a house or property can be a complex task, that’s why you need an experienced conveyancer to help the process go smoothly, no matter what comes up.

And that’s where we, at Marc Hardman and Associates, come in.

We are a team of professional conveyancers who are experts when it comes to property transactions. We can give you advice and information, and help you with documentation, inspection and settlement processes.

We are licensed professionals with years of experience dealing with all matters of real estate law. You can trust us to get the home you desire without any hitches.

We understand that conveyancing laws can be complicated, and that’s why we will ensure that we break down the processes to you and carry you along every step of the way. We are committed to bringing smiles to our client’s faces by helping them make their dream homes a reality.

If you want to ensure that the process of getting your house runs smoothly, then don’t delay.
Contact Marc Hardman and Associates now.


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