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Kooky
Builder of Shaka, the payment router that pays every agent their commission on closing date.
About Kooky and Shaka →Most of a conveyance is invisible to the people it is done for. The buyer sees a contract, a handful of emails asking for decisions, and a message on the last day saying the property is theirs. The seller sees even less. In between sits a file with a diary of dates, a set of search results, a page of figures and several documents that have to agree with each other to the dollar and the letter.
The person keeping that file in Queensland is a solicitor, or a team working under one. The Queensland Law Society tells home buyers and sellers they will need a lawyer who works in conveyancing, and its public brochure lists what that lawyer does for each side. This guide follows the work in the order it happens, for the buyer and then the seller at each stage, and names the documents and deadlines involved. The mechanics of the contract clauses, the searches, the adjustments and settlement day are subjects in their own right; here they are mentioned only to show where the lawyer stands in each of them.
The work in five stages
A sale has a natural shape, and the lawyer's tasks fall into it.
- Before signingThe file is opened, costs are explained, and the contract and disclosure documents are read.
- Contract formedThe key dates go into a diary. Cooling-off, where it applies, runs first.
- Conditions and searchesFinance and inspection conditions are satisfied or not, and the buyer's searches are ordered and read.
- Preparing to settleTransfer documents, duty, the mortgage and the settlement figures are made ready.
- Settlement and afterMoney and title change hands, the transfer is lodged, and the file is closed.
The length of each stage is set by the contract, not by the lawyer. The dates the parties wrote on the front pages decide how much time there is for each task, which is one reason the profession asks to see a contract before it is signed.
Before anything is signed
The Queensland Law Society's brochure on buying or selling a residential property gives one piece of advice ahead of all the others: seek the advice of a solicitor before signing any contract, so that no avoidable costs or issues arise. The Queensland Government's home buying pages say the same thing in their own words, strongly recommending independent legal advice before buying, and list checking the sale contract before it is signed as the first thing a solicitor should do.
Related readBuying or selling without a lawyer: the DIY paper trail in QueenslandFor a buyer, the early work is reading. The Government's list has the solicitor checking the contract and the disclosure documents, and giving advice on the mortgage contract. The Law Society's public page adds contract review and special conditions, and buying at auction, as matters a conveyancing lawyer advises on. A special condition is a term added to the standard form for one sale, and it is often where a buyer's particular worry, or a seller's, is written down.
For a seller, the work starts earlier than many expect. The Law Society's brochure lists advising on the form that appoints the real estate agent, making sure the required warning and disclosure statements are completed, and checking that all the required documents are correct before the seller signs. A seller's lawyer who is instructed when the property is listed can prepare the disclosure material before a buyer appears.
There is also the lawyer's own paperwork. A law practice has obligations to its client about legal costs from the moment it is retained. The Legal Services Commission explains that where legal costs are likely to exceed $1,500, excluding GST and disbursements, the practice must give a costs disclosure as soon as practicable after it is retained, with an estimate of the total legal costs and of the disbursements. The Government's page advises buyers to ask for a detailed quote for the work before appointing anyone. So the first document a client receives from a conveyancing solicitor is usually about the solicitor's own charges.
Related readOne lawyer for buyer and seller? Conflict rules in Queensland salesOne more early check concerns independence. The Government's page says a buyer should make sure the solicitor is not connected to any other party, such as the seller.
Reading the contract and the disclosure documents
Most Queensland house sales are written on the standard contract published by the Real Estate Institute of Queensland. Reading it for a client is not a matter of reading the printed terms, which are the same every time. It is a matter of reading what has been filled in and added: the names, the description of the property, the price and deposit, the dates, what is included in the sale, and any special conditions.
For the buyer, the lawyer's reading has a purpose. It tests whether the contract matches what the buyer believes has been agreed, and whether the dates are achievable. A finance date that falls before a lender can realistically answer, or an inspection date that leaves no time to book an inspector, is easier to change before signing than after.
The disclosure documents are read alongside the contract. The Government's list places checking them among the solicitor's first tasks. What a seller must disclose, and what a buyer may do if the disclosure is wrong or missing, is a subject of its own; the lawyer's part is to compare what the documents say with what the searches later show.
For the seller, the same reading runs in the other direction. The Law Society's brochure has the seller's solicitor checking that all required documents are correct before signing. An error in the seller's own paperwork is the seller's problem, and it is cheapest to find before the contract exists.
Related readThe indemnity insurance that stands behind a Queensland conveyancing fileWhere the lawyer is brought in only after both parties have signed, none of this is lost, but it changes character. The lawyer then explains what the client has agreed to, and works within it.
The first days: cooling-off and the diary of dates
Once the contract is formed, the first job on both sides is to extract the dates and put them where they cannot be missed.
The earliest is usually the cooling-off period. The Law Society's brochure states the rule for buyers: a cooling-off period of five business days runs from the time the buyer receives the signed contract, a buyer who withdraws in that period may be charged 0.25 per cent of the purchase price, and there is no cooling-off period for a property bought at auction. The buyer's lawyer works out when the period ends and tells the client. If the buyer decides to withdraw, the notice is a document the lawyer prepares and delivers.
Then come the dates written into the contract itself. In the first edition (08/25) of the REIQ contract the finance clause is clause 4.1 and the building and pest clause is clause 4.2. Each works to a date chosen by the parties. The settlement date closes the list, and any special condition may add a date of its own.
The dates belong to the contract; watching them is the lawyer's job
A conveyancing file is run from a list of critical dates: the end of cooling-off, the finance date, the inspection date, any special condition date and settlement. The lawyer on each side tracks all of them, because a notice given late may not have the effect a notice given on time would have.
The seller's lawyer keeps the same diary from the other side. A date that passes without a notice from the buyer changes what the seller may do next, and the seller's lawyer is the one who tells the seller so.
Finance, building and pest: the conditions
A conditional contract is not yet a certain sale. During this stage the buyer's lawyer acts mainly as the channel through which the buyer's decisions become formal.
Related readProperty searches in a Queensland purchase: a map of who holds whatOn finance, the lender's answer goes to the buyer and the broker, not to the lawyer. The lawyer needs to hear it in time. Before the finance date under clause 4.1, the buyer's lawyer asks the client where the application stands and, on instructions, gives the seller's side the appropriate notice or asks for more time. The Government's list also has the solicitor giving advice on the mortgage contract and explaining mortgage insurance and related documents, which is work done for the buyer as a borrower.
On the inspection, the buyer arranges the building and pest report and decides what to make of it. The lawyer explains what clause 4.2 allows, and puts the buyer's decision in writing to the other side by the inspection date. If the report leads to a conversation about repairs or price, the Government's list covers that too: negotiating with the seller about issues that arise before settlement is among the solicitor's tasks.
A request to extend a date is one of the most common letters on a conveyancing file. It is a request, and the other party is entitled to consider it. The lawyer who receives one takes instructions before answering, which is why a seller will sometimes get a short call from their lawyer asking for a yes or a no the same day.
For the seller, this stage is mostly waiting, with the lawyer reporting each notice as it arrives. When the last condition is satisfied the contract becomes unconditional, and the seller's lawyer says so in plain terms, because that is the point at which the seller can plan around the settlement date with some confidence.
Related readRetirement villages and manufactured homes: not an ordinary conveyanceSearches and what the buyer's lawyer reports
Searches are the buyer's lawyer's investigative work, and the Law Society's brochure gives them several lines of its list. The buyer's solicitor checks the title, the plan, and any easements, caveats and encumbrances; conducts the recommended searches and tells the buyer about any issues they reveal; and, for a community title property, checks for disputes or charges affecting it.
The first of these come from the land registry. Titles Queensland's published fee schedule names the products a lawyer orders: a current title search, a historical title search, an image of the survey plan, and images of registered dealings such as an easement document. The Government's list has the solicitor carrying out title searches and explaining the results.
The explaining is the professional part. A search result is a page of data. The lawyer reads it against the contract: is the seller the registered owner, does the lot on the plan match the property described, is there anything registered on the title that the contract did not mention? Which searches are worth ordering for a particular property, and what each one can and cannot reveal, is a subject with its own guide.
When a search turns up something unexpected, the lawyer's role is to say what it means under this contract and what the buyer's options are, and by when. The decision stays with the buyer.
A seller's lawyer orders far fewer searches, but usually begins with one: a title search to confirm how the seller's name appears on the register and what is registered against the property, starting with the seller's own mortgage.
Related readSolicitors' trust accounts and the fidelity fund in a property saleThe seller's side over the same weeks
Because the buyer's lawyer does the investigating, a sale file looks quieter than a purchase file. Its tasks are fewer and just as fixed. The Law Society's brochure lists them: verifying that outstanding government charges are paid, calculating the price adjustments, arranging the discharge of the mortgage, and ensuring that full payment is received.
| Stage | Buyer's solicitor | Seller's solicitor |
|---|---|---|
| Before signing | Checks the contract and the disclosure documents; advises on the mortgage contract. | Advises on the agent's appointment form; checks disclosure statements and documents. |
| After signing | Checks title, plan, easements, caveats and encumbrances; conducts searches and reports issues. | Verifies that outstanding government charges are paid. |
| Before settlement | Arranges stamping; explains duty concession obligations and land tax; calculates adjustments. | Arranges the discharge of the mortgage; calculates adjustments. |
| Settlement | Prepares documents and attends settlement so the buyer receives good title. | Ensures full payment is received. |
Source: Queensland Law Society, "Buying or selling a residential property"; Queensland Government, "Appointing a solicitor" (updated 22 March 2023).
The mortgage discharge is the task with the longest lead time on the seller's side, because it depends on the seller's lender. The lawyer asks the lender to prepare a release and to say how much it requires on the day. How that payout lines up with the buyer's funds is part of the settlement itself.
The seller's lawyer also watches the obligations the contract places on the seller before settlement. One example in the first edition (08/25) of the REIQ contract is clause 7.9, the smoke alarm clause. The lawyer's part is to tell the seller in good time that the clause exists and what it asks, since the work in the house is the seller's to arrange.
Duty, tax and the lender
Some of the buyer's lawyer's work is done for the benefit of the State, the Tax Office and the bank as much as for the client.
On duty, the Law Society's brochure says the buyer's solicitor arranges stamping, and its public page lists transfer duty among the matters a conveyancing lawyer handles. The Government's list adds that the solicitor explains the obligations that come with a transfer duty concession. A concession depends on what the buyer does after settlement as well as before it, so this is advice with a long tail.
On tax, the brochure has the solicitor assisting with tax office compliance, and the Law Society's page names foreign resident capital gains withholding as one of the tax matters a conveyancing lawyer deals with. This touches both files: the seller's lawyer attends to what the seller must produce, and the buyer's lawyer to what the buyer must check. The Government's list also mentions explaining the implications of land tax liability.
On the loan, the buyer's lawyer and the buyer's lender prepare for the same event from different sides. The lender needs its mortgage registered behind the transfer; the lawyer needs the lender's money available on the day. Much of the last fortnight on a purchase file is spent making sure the two are ready together.
Preparing settlement: figures, documents and signatures
As the date approaches, both lawyers turn to the same three things.
The first is the figures. Both lists from the Law Society include calculating the price adjustments, once for the buyer and once for the seller, and that is how it works in practice: the two sides exchange and agree a statement showing the price, less the deposit, adjusted for rates and other charges. How each charge is divided is explained elsewhere; the lawyer's task is to obtain the current amounts, do the arithmetic and agree it with the other side.
The second is the documents. The brochure has the buyer's solicitor preparing documents and attending settlement so that the buyer receives good title. The central document is the transfer. Alongside it sit the release of the seller's mortgage and the buyer's new mortgage, each prepared by the party it belongs to.
The third is authority to sign. The Law Society's public page describes e-conveyancing as the digital way of completing a conveyance, and in an electronic settlement the lawyers sign the registry documents for their clients. A national direction issued in July 2020 by the Australian Registrars' National Electronic Conveyancing Council records who may do that in each jurisdiction. In Queensland it lists Australian legal practitioners, and answers "No" for supervised employees who are not practitioners. A clerk may have assembled the whole file; the signature on the transfer is a solicitor's. Before signing for a client, the lawyer needs the client's written authority, which is one of the forms a client is asked to complete early.
Settlement day and the lodgement
By settlement day the lawyers' work is largely done, and the day is given over to checking. Each side confirms that the figures still hold, that every document is signed, and that every party to the settlement is ready. What happens on the day, in what order and who does it, is a guide in itself.
The roles stay as the Law Society's lists describe them. The buyer's solicitor attends settlement so that the buyer receives good title. The seller's solicitor ensures that full payment is received. The Government's page describes the buyer's solicitor as handling the final payment and the transfer of the property title on settlement.
When settlement completes, each lawyer tells the client, and the agent is told so that the keys can be released and the deposit accounted for. The transfer and the mortgage documents are lodged with the titles registry for registration. Titles Queensland's fee schedule lists a lodgement fee for a transfer, calculated on the price, which the buyer's lawyer will have collected in advance as one of the outlays on the file.
After settlement
A file does not close when the money moves. The buyer's lawyer follows the lodgement until the transfer is registered and the buyer appears as owner on the title. The seller's lawyer accounts to the seller for the proceeds: what was received, what went to the lender, what was adjusted, and what was paid to the seller.
Both lawyers then report. A closing letter typically sets out what was done, encloses the settlement figures, and reminds the client of anything that continues: for a buyer, the conditions attached to a duty concession the Government's list refers to; for a seller, the records worth keeping for tax.
The last document is the lawyer's bill. The Legal Services Commission explains that a client who receives a lump sum bill may ask for an itemised one, which the practice must provide within 28 days and without charge.
For all that the lawyer does, some things never leave the client's hands. The decisions are the client's: whether to proceed after a poor inspection report, whether to grant the other side more time, whether to accept a special condition. The money is the client's to have ready. And the answers to the lawyer's questions have to be prompt, because nearly every date on the file is fixed by the contract.
A conveyancing lawyer cannot make a contract's dates longer. The work is to make sure nothing the client needed to know or do is discovered after one of them has passed.
The Queensland Law Society's brochure notes that a person can carry out a conveyance alone, at their own risk. The list of tasks above is the practical meaning of that phrase: each one still has to be done by someone, on the day the contract says.
Kooky, from Shaka
Kooky edits Queensland Estate and builds Shaka, the payment router he made for Queensland property professionals. One payment comes in, and every agent, agency and party in the deal receives their signed share on closing date.
