A new home is exciting, yet the contract and legal steps can feel overwhelming. Which dates, clauses, and costs need your attention before you sign? A solicitor can check each one and guide you through the process.

What a Solicitor for Buying a House Does and When You Need One

Continue reading to learn what a solicitor does at every stage of your purchase. You will also find out when to bring one in and how to choose the right person.

Key Takeaways

• A solicitor handles the legal work of buying a home and explains each document.
• Ask for a Section 32 and contract review before you commit.
• After signing, your solicitor tracks loan approval dates and explains cooling-off rules.
• At settlement, funds move to the seller and the title passes into your name.
• Licensed conveyancers can handle a purchase, while solicitors add wider legal training for disputes.
• Get advice early to ask questions and negotiate before you sign or bid.
• Compare experience, written quotes, reviews and reply times when you choose a solicitor.

What a Solicitor Does for You

A solicitor is a lawyer who manages the legal work in your purchase. The transfer of a home from one owner to the next is called conveyancing.

In Victoria, the work includes contract reviews, property searches, settlement and title registration.

For a first home buyer, a solicitor can explain each document in plain words. Questions about the deposit, loan or contract can go straight to them.

Contract Checks Before You Sign

Victorian law requires the seller to give the buyer a Section 32 vendor statement before the contract is signed. The document lists key details such as title, zoning, council rates and any limits on the land.

Your solicitor reads the Section 32 and the contract of sale in full. Special conditions, such as a finance or building inspection clause, are explained to you.

Any unclear item can be raised with the seller’s representative while changes are still possible.

Key Dates After You Sign

A property contract lists dates for the deposit, settlement and, where relevant, your home loan. A finance clause makes the sale depend on lender approval by a set date. If the bank says no before the deadline, the clause lets you end the contract with a refund.

Private sales in Victoria include a cooling-off period of three clear business days. A buyer who changes their mind can still end the contract in writing.

Auction purchases, and sales within three clear business days of one, have no such right. Your solicitor tracks each date and explains which rules apply to you.

What Happens at Settlement

Settlement is the day the home becomes yours. In Victoria, almost all property transfers are lodged and managed online.

Your solicitor works with the bank and the seller’s representative to finish the sale. On the agreed date, the purchase price and land transfer duty (stamp duty) are paid. Land Use Victoria then records you as the new owner on the title.

Once settlement is complete, the real estate agent can release your keys.

How a Solicitor and Conveyancer Differ

In Victoria, a solicitor or a licensed conveyancer can handle the legal steps of buying a home. Each one reviews contracts and manages settlement.

The main difference is training. A solicitor is a qualified lawyer with broad legal knowledge. A conveyancer focuses on property transfers.

A solicitor can also help with disputes, unusual terms or complex ownership arrangements.

When to Get Legal Help

Contact a solicitor before you sign anything. An early chat gives you time to review the Section 32, ask questions and request changes.

Legal advice matters even more for auction buyers. The winning bidder signs the contract on the day, with no extra conditions. A review before auction day gives you full knowledge of the terms.

How to Choose a Solicitor

Look for a solicitor who handles home purchases in your state. Ask how many years they have worked in conveyancing and who will manage your file.

Request a written quote showing the legal fee and other costs, like property searches. Clear pricing helps you compare options and plan your budget.

Check reviews and note how quickly they reply to your first call or email. You can also confirm a current practising certificate on the Victorian Legal Services Board + Commissioner’s Register of Lawyers.

Speak with a qualified property solicitor before you sign.

Talk to a Solicitor

A solicitor gives you clear advice from contract to settlement. Do you have questions about a contract, a deadline or a home you like?

Book a time with Melissa Barlas at Conveyed to discuss any concern, decision or past experience. The next step toward your new home starts with one conversation.

Frequently Asked Questions

Is DIY conveyancing allowed, or do you need a solicitor?

DIY conveyancing is allowed in Victoria. Many contracts of sale, however, require a solicitor or licensed conveyancer to act for the buyer.

Where does the deposit go when purchasing a property?

Under current Victorian rules, the deposit goes into a trust account. The seller’s estate agent, conveyancer or legal practitioner looks after it until settlement day.

Do solicitors give upfront pricing?

Yes. In Victoria, a solicitor must give you a written estimate when legal work will cost over $750. Some firms also offer fixed-fee conveyancing for standard home purchases.

Does the buyer pay the seller’s land tax at settlement?

For most Victorian homes, no. Since 1 January 2024, sellers in contracts under a set threshold pay their own land tax. The threshold began at $10 million and is adjusted each year for inflation.

Are the rules the same if you buy property in Brisbane or other parts of QLD?

Each state has its own property laws. Queensland does not use the separate licensed-conveyancer system found in Victoria. Most residential sales there come with a five-business-day cooling-off period.