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Solicitor vs Conveyancer in Queensland: What Is the Difference?

Daniel Gierach 5 min read

Every property transaction in Queensland requires someone to handle the legal and administrative work of transferring ownership. Most buyers and sellers do not know there are two different types of professionals who can do this, or what the difference actually is.

What is conveyancing?

Conveyancing is the legal process of transferring property ownership from one party to another. In Queensland, it is governed primarily by the Property Law Act 1974 (Qld) and associated legislation including the Land Title Act 1994 (Qld) and the Land Sales Act 1984 (Qld).

The conveyancing process includes reviewing the contract of sale, conducting searches (title, body corporate, council, flood mapping), preparing transfer documents, liaising with the other party's legal representative, managing settlement, and registering the transfer with the Queensland Titles Registry.

What is the difference between a solicitor and a conveyancer?

Property Solicitor

  • Holds a law degree and is admitted to practice
  • Regulated by the Queensland Law Society
  • Can advise on all aspects of property law
  • Can represent you in disputes, litigation, and contract negotiations
  • Can handle complex transactions: off-the-plan, deceased estates, trusts, SMSFs
  • Higher cost: typically $1,500 – $2,500+ for a standard purchase

Licensed Conveyancer

  • Holds a licence under the Queensland conveyancing licensing framework
  • Regulated by the Office of Fair Trading (Qld)
  • Specialises in standard residential property transactions
  • Cannot provide legal advice beyond conveyancing work
  • Cannot represent you in court or handle litigation
  • Lower cost: typically $800 – $1,500 for a standard purchase

Key point: Both can legally handle a standard residential property transaction in Queensland. The choice comes down to the complexity of your transaction and how much legal coverage you want.

What does the conveyancing process involve?

1

Contract review

Before you sign: review all special conditions, deadlines, and finance clauses. This is critical. Many buyers sign contracts without legal review and only engage their solicitor after.

2

Finance clause management

Monitor and meet the finance approval deadline. Extensions must be agreed in writing.

3

Searches and due diligence

Title search, council rates, body corporate (if applicable), flood mapping, contamination registers, land tax clearance.

4

Transfer documents

Prepare the transfer of land (Form 1) and arrange execution by all parties.

5

Settlement preparation

Coordinate settlement date and time, calculate adjustments (rates, water, rent if tenanted), and confirm funds.

6

Settlement

Exchange funds and documents electronically via PEXA (Property Exchange Australia) in most modern Queensland transactions.

7

Post-settlement

Register the transfer with the Queensland Titles Registry. Notify relevant parties (rates, body corporate, insurer).

When you should use a solicitor

Buying off-the-plan: complex sunset clauses, developer amendments, and construction risk require legal advice
Purchasing through a trust, SMSF, or corporate entity
Deceased estate or probate sale
Complex special conditions in the contract (vendor finance, lease-back arrangements)
Any contract dispute, misrepresentation concern, or potential rescission
Development site or property with planning conditions
High-value transactions where the cost of legal error is material

When a conveyancer is sufficient

Standard purchase of an established residential property in your own name
Straightforward sale of a freestanding house or unit
No complex special conditions, no disputes, clear title

How much does it cost?

Typical professional fees (excluding searches and disbursements, which add $500 to $1,200):

Service Conveyancer Solicitor
Purchase (standard) $800 – $1,200 $1,500 – $2,200
Sale (standard) $700 – $1,100 $1,200 – $1,800
Off-the-plan purchase Not recommended $1,800 – $3,000+
SMSF / Trust purchase Not applicable $2,000 – $4,000+

One recommendation that matters

Regardless of whether you use a solicitor or conveyancer, engage them before you sign the contract. In Queensland, the standard REIQ contract has a 5-business-day cooling-off period. But the best time to review a contract is before you are in it.

Many buyers sign at the open home and then engage legal help. That sequence is the wrong way around. Most solicitors and conveyancers will review a contract for a small fee or as part of their engagement.

Need a referral?

Daniel Gierach works regularly with several trusted property solicitors and conveyancers across the inner east. Get in touch and he can point you in the right direction.

Sources: Property Law Act 1974 (Qld); Land Title Act 1994 (Qld); Queensland Law Society (qls.com.au); Office of Fair Trading Queensland. Fees are indicative ranges as at 2024-25. This article is general information only and does not constitute legal advice.

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