Does a seller need a conveyancer?

Selling a home or investment property is exhilarating you are unlocking hard earned equity and preparing for the next chapter. Yet the legal work that underpins every sale can feel overwhelming. A question that pops up in almost every listing appointment is:

"Do I actually need a conveyancer when I sell?"

If you live in Melbourne or anywhere else in Victoria, the short answer is that no statute forces you to appoint a conveyancer or solicitor. The long answer is that trying to navigate today's electronic, deadline driven system without expert help is a false economy that can cost far more than a professional fee. In this guide we unpack the law, highlight the hidden traps, and show the real world value a conveyancer adds to a smooth, profitable settlement.

1. What a conveyancer does for a seller

A licensed conveyancer specialises in property transfers. Their role is narrower than a solicitor's but laser focused on settlement logistics. Typical tasks include:

• Drafting the Contract of Sale and the crucial Section 32 Vendor's Statement
• Ordering title searches, planning certificates, rates notices, and water information
• Verifying your identity (VOI) and handling Client Authorisation forms for electronic lodgement
• Liaising with your lender to discharge any mortgage
• Creating and managing the PEXA workspace for electronic settlement
• Calculating council and water rate adjustments so you do not overpay outgoings
• Coordinating settlement times with the buyer's representative, bank, and agent
• Notifying authorities that ownership has changed

Because conveyancers perform this workflow every day, they spot anomalies quickly and resolve them before they snowball into expensive delays.

2. Is a conveyancer legally mandatory?

Victorian property law does not compel a vendor to hire a professional. In theory you can:

• Buy a contract precedent online
• Order each certificate yourself
• Self draft the Section 32 statement
• Learn the PEXA platform to lodge documents and settle

In practice, each of those steps demands precise data entry, knowledge of legislative disclosures, and strict adherence to time frames. If any detail is wrong or late, the buyer may rescind, demand penalty interest, or sue for damages. The risk to reward ratio simply does not favour the DIY approach, especially when the average Melbourne sale price hovers around AU$800,000.

3. Key documents every vendor must supply

Section 32 Vendor's Statement

Named after section 32 of the Sale of Land Act 1962, this document discloses vital information about the property: title particulars, easements, zoning, outgoings, planning permits, and any owners corporation rules. If the statement is incomplete or inaccurate the buyer can cancel the contract, even on settlement morning.

Contract of Sale

The contract sets the price, deposit amount, settlement date, inclusions, and special conditions. A poorly drafted special condition or a clause that contradicts the standard terms can create loopholes for the buyer to exploit or expose you to penalty interest.

Verification of Identity and Client Authorisation

Electronic conveyancing requires you to pass VOI checks and sign a Client Authorisation form so your conveyancer can transact on your behalf inside PEXA.

Missing or mishandling any of these documents jeopardises settlement. A conveyancer carries professional indemnity insurance for exactly this reason.

4. What can go wrong without professional help?

• Defective disclosure – Overlooking a planning overlay or owners corporation fee gives the buyer a rescission right.
• Settlement delays – A single typo in PEXA can freeze the workspace and trigger hundreds of dollars per day in penalty interest.
• Title complications – Old caveats, misspelt names, or unregistered mortgages stop the transfer until rectified.
• Tax miscalculations – GST or foreign resident withholding may apply without warning; errors attract steep penalties.
• Cyber fraud – Hackers target large settlements; conveyancers use secure source accounts and insured trust systems.
• Stress and time drain – Chasing certificates and banks pulls you away from packing, work, and family.

In short, skipping a conveyancer might save a small fee up front but exposes you to much larger financial risks.

5. Advantages of engaging a local Melbourne conveyancer

In depth local knowledge

A practitioner who settles properties in the City of Yarra, Bayside, or outer growth corridors every week understands council turnaround times, common planning overlays, and local infrastructure levies.

Fixed fee certainty

Most residential conveyancers quote a single price that covers standard work and predictable disbursements. You know where you stand from day one.

Digital efficiency

Electronic settlements are mandatory in Victoria. A seasoned conveyancer navigates PEXA in minutes and troubleshoots technical issues that would bewilder first‑time users.

Professional Indemnity protection

Licensed conveyancers must hold PI insurance that covers you if an error slips through.

6. Conveyancer versus solicitor

For most straightforward house or unit sales a conveyancer provides specialised service at a competitive cost. When litigation or intricate tax structuring is involved, a property solicitor may be preferable.

7. How to choose the right conveyancer

• Confirm the licence – Search the Victorian register.
• Ask about experience – Aim for at least five years of residential settlements.
• Review technology – Ensure they conduct VOI online, use PEXA daily, and store data securely.
• Check scope and fees – Read the costs disclosure; note what disbursements are extra.
• Read client reviews – Look for consistent praise for communication, speed, and transparency.
• Gauge responsiveness – Early emails and calls are a good litmus test for future service.

8. Typical conveyancing timeline

9. Real‑life scenarios

Case study 1: The overlooked easement

A Northcote vendor decided to manage her own sale. She copied a friend's Section 32 template but forgot a sewerage easement at the rear of the block. The buyer discovered the easement after signing and rescinded. The property re‑entered the market stigmatised and ultimately sold for AU$37,000 less than the original offer.

Case study 2: The three‑day delay

An Eltham couple handled their own PEXA workspace. An incorrect BSB number stalled settlement by three days, adding AU$825 in penalty interest and nearly derailing their simultaneous purchase.

Both headaches would have been avoided with a professional on board.

10. Frequently asked questions

Can the buyer's conveyancer act for me as well? No. Conflict of interest rules prevent one practitioner from representing both parties.

If I am selling to my daughter, do I still need a conveyancer? Yes. The same disclosure laws apply and the Land Registry still requires electronic lodgement by a licensed subscriber.

Will my conveyancer attend the auction? Generally not in person. They prepare the contract in advance so the agent can fill in the buyer's details and exchange contracts on the fall of the hammer.

How early should I engage a conveyancer? Engage one at least two weeks before listing so the Section 32 is ready for immediate release to keen buyers.

11. The cost of mistakes versus professional fees

Penalty interest on a delayed AU$900,000 settlement is roughly AU$225 per day. A three‑day delay costs AU$675, wiping out much of a typical conveyancer's fee. Factor in the potential for rescission, legal disputes, and emotional stress, and professional support becomes excellent value.

12. Why choose Pearson Chambers Conveyancing?

Pearson Chambers is a boutique conveyancing firm based in Melbourne. We combine personal service with cutting‑edge technology to deliver seamless settlements.

• Local expertise – Our team has settled thousands of properties.
• Straight forward pricing – Competitive fixed fees with no hidden extras.
• Rapid communication – Same day replies to calls and emails.
• Free contract check – Email us any draft Contract of Sale for a complimentary review, usually within 24 hours.

13. Conclusion 

Property is one of the largest financial transactions you will ever make. While Victorian law does not force you to hire a conveyancer, the complexity of modern electronic settlements and the harsh penalties for mistakes make professional guidance a wise investment. A trusted conveyancer removes uncertainty, protects your profit, and lets you focus on your next move.

Ready to put your sale in safe hands? Contact Pearson Chambers Conveyancing today for friendly advice and a free Section 32 contract review.

Phone: 03 9969 2405
Email: contact@pearsonchambers.com.au

We look forward to helping you achieve a smooth, successful settlement.