Buying a home is one of the biggest steps you’ll ever take, and the legal side of the process can feel daunting. To help make sense of it all, I’m speaking with Tanya Allen from Can Do Conveyancing, an experienced property lawyer with over 20 years in the field, specialising in premium, personalised legal services here in Sydney.
Question 1: Difference between a solicitor and a conveyancer
Brook Rutherford:
Tanya, let’s start with a common question from home buyers. What’s the difference between a solicitor and a conveyancer when it comes to buying property?
Tanya Allen:
Both can handle your property transaction, but the key difference lies in their scope. Conveyancers focus solely on the transfer of the property, while solicitors are qualified lawyers who can also advise on property law and related legal matters, such as complex property contracts, disputes, or family law or strata issues, all of which could affect your purchase. I can add value by bringing any issues to your attention, allowing you to more accurately assess the risks and better evaluate the property price.
Question 2: Conveyancer’s role in the home buying process
Brook Rutherford:
So, what does a conveyancer or solicitor actually do during the buying process?
Tanya Allen:
We review the property contract, explain the terms in plain English, so you understand exactly what you’re buying. We also handle searches, negotiate any changes, liaise with your lender, and guide you right through to settlement, ensuring all the legal boxes are ticked.
Question 3: When to engage a conveyancer?
Brook Rutherford:
When should a home buyer involve you?
Tanya Allen:
Ideally, before you sign anything. Having us review the contract of sale before you commit means we can identify issues, negotiate changes, and provide clarity on what you’re actually buying so you can then make sure it’s what you want at the price you want.
Question 4: Common property contract issues
Brook Rutherford:
What are some of the most common issues you see in property contracts, and how can home buyers avoid them?
Tanya Allen:
Missing or unclear details about inclusions, incorrect property boundaries, and clauses that heavily favour the seller are common. The best way to avoid issues is to have your property contract reviewed early by an experienced legal professional who knows what to look for in property agreements.
Question 5: Process for buying different property types
Brook Rutherford:
Are there any key differences in the process when buying a house compared to an apartment or townhouse?
Tanya Allen:
Yes. With strata properties like apartments or townhouses, you’re buying into the assets and liabilities of the owners’ corporation, so you must obtain and read the strata report. The strata report sets out the current levies, bylaws, upcoming works, and the building’s financial health. They can be pretty difficult to understand, so we can also review the strata report and explain it to you. With a freestanding house or land, we look at any restrictions on the land and the zoning to understand what you can and can’t do with the property.
Question 6: What is a cooling-off period?
Brook Rutherford:
Tanya, can you explain what the cooling-off period is and how it works for a home buyer?
Tanya Allen:
In NSW, all private treaty purchases have a statutory five-business-day cooling-off period after you sign the property contract. During this time, you can rescind, but if you do, you forfeit the initial deposit or 0.25% of the purchase price. The cooling-off period is to allow you to get unconditional finance approval. We can ask for contract changes in that period, but I prefer to ask for any contract changes before exchange because we have much more leverage before you sign the contract.
Question 7: Property settlement tips
Brook Rutherford:
What’s your top tip for making the settlement process as smooth as possible for a home buyer?
Tanya Allen:
Be organised and responsive. Get your finances sorted early, return any documents quickly, and keep in close contact with your solicitor so nothing slips through the cracks.
Smart strategy, seamless buying with the right team
Tanya, thanks for breaking that down so clearly. Having the right legal support can make all the difference in avoiding surprises and ensuring a stress-free move.
Finding the right property is just the beginning. I’ll not only unlock homes most buyers never see, but also guide you through every step that follows – from negotiating terms to working closely with your conveyancer so your purchase runs smoothly from first inspection to final settlement. Ready to begin your property search? Let’s talk today.
