Conveyancer vs Solicitor in NSW: Which Do You Need?

For a standard residential property purchase or sale in NSW, a licensed conveyancer is sufficient and typically 30–50% cheaper than a solicitor. Both conveyancers and solicitors are licensed by NSW Fair Trading to handle conveyancing. You may prefer a solicitor for complex matters such as deceased estate transfers, family law settlements, complex commercial deals, contested boundaries, or matters requiring litigation advice. For a typical NSW house, apartment, or off-the-plan purchase, a licensed conveyancer like Elyment Conveyancing handles every step of the legal process.

A NSW licensed conveyancer is a property law specialist licensed under the Conveyancers Licensing Act 2003 (NSW), trained specifically in property transactions, contracts, and settlement. A solicitor is admitted to practice law generally and can handle conveyancing plus all other legal matters. Both can act on your behalf for NSW property transactions. Conveyancers typically charge less because they specialise narrowly, while solicitors charge more because of broader legal training and overheads.

A NSW licensed conveyancer typically charges $1,500–$2,500 + GST for a standard residential conveyancing matter. A solicitor for the same work typically charges $2,000–$4,500 + GST. Disbursements (council searches, title searches, PEXA settlement fee) are charged at cost by both. Elyment Conveyancing's fixed fee is $1,850 + GST for residential purchases or sales — there are no hidden extras and no per-call charges.

Yes. NSW licensed conveyancers are regulated by NSW Fair Trading under the Conveyancers Licensing Act 2003 (NSW) and the Conveyancers Licensing Regulation 2020 (NSW). All licensed conveyancers must hold professional indemnity insurance, complete continuing professional development, and adhere to a code of conduct. You can verify a NSW conveyancer's licence on the NSW Fair Trading website.

Yes — within the scope of property law and conveyancing. A NSW licensed conveyancer can review and explain the contract of sale, advise on cooling-off periods, explain Section 10.7 planning certificates, advise on stamp duty and exemptions, advise on PEXA electronic settlement, and explain easements, covenants, and other property restrictions. A conveyancer cannot give advice outside property law (e.g. tax structuring, family law, or litigation). Where matters cross those lines, we refer to a trusted NSW solicitor.

Consider a NSW solicitor for: deceased estate property transfers requiring grant of probate, family law / divorce property settlements, contested boundary or easement disputes, complex commercial property with multi-party financing, properties with significant legal defects requiring litigation strategy, and structuring complex SMSF or trust property purchases. For all standard residential, off-the-plan, and most commercial purchases under $5M, a NSW licensed conveyancer is the cost-effective choice.

Yes. NSW licensed conveyancers regularly review and advise on off-the-plan contracts, including sunset clauses, deposit protection, variation rights, strata management agreements, and disclosure statements. Off-the-plan contracts are explicitly within the scope of NSW conveyancing licensing. Elyment Conveyancing handles dozens of off-the-plan matters across NSW each year.

No. Under the Conveyancers Licensing Act 2003 (NSW), a conveyancer cannot act for both parties in the same transaction without informed written consent — and even then, only in very limited circumstances. The same restriction applies to NSW solicitors. Each party must have independent representation to manage conflicts of interest.