10 Questions to Ask Your Solicitor Before Buying Property in NSW

Buying a property in New South Wales is an exciting milestone, but it also comes with complex legal steps. A solicitor does more than handle paperwork — they protect your interests, explain risks, and guide you through the conveyancing process.

Before you sign a contract or hand over a deposit, here are 10 important questions to ask your solicitor to make sure you’re fully informed and protected.

1. What services are included in your conveyancing fee?

Some firms only cover the basics, while others provide a complete service from start to finish. Ask whether your solicitor will:

• Review and negotiate the contract

• Arrange property and title searches

• Handle stamp duty and settlement paperwork

• Liaise with your bank or mortgage broker

• Manage settlement day on your behalf

Knowing this upfront avoids confusion about what you’re paying for.

2. What are your fees and disbursements?

Transparency around costs is critical. Request a full cost breakdown of the solicitor’s professional fees plus “disbursements” (such as title searches, certificates, and government charges). This helps you compare services and prevents unpleasant surprises.

3. How long will the conveyancing process take?

In NSW, settlement usually takes 4–6 weeks, but timing depends on finance approval, contract conditions, and the vendor’s circumstances. A solicitor can give you a realistic timeline for your specific purchase.

4. Are there any risks in this contract?

Contracts often contain clauses that favour the seller. Your solicitor will review the terms and highlight potential risks, such as:

• Unfair penalty clauses

• Strata or zoning issues

• Missing building approvals

• Development restrictions

This review ensures you know exactly what you’re signing.

5. What property searches will you conduct?

Standard searches in NSW include title checks, land tax certificates, zoning certificates, and council rates. Depending on the property, additional searches (such as flood zone or heritage restrictions) may be necessary. These searches protect you from unexpected financial or legal obligations.

6. What is the cooling-off period, and how does it work?

Most NSW property buyers receive a five business day cooling-off period. Your solicitor will explain:

• When the cooling-off starts and ends

• How to withdraw if needed

• What financial penalty (usually 0.25% of purchase price) applies

This window gives you peace of mind to finalise finance and legal checks.

7. How much stamp duty will I need to pay?

Stamp duty is one of the largest upfront costs for NSW buyers. Your solicitor will calculate your exact amount based on the property price and advise on deadlines to pay, as late payment can result in fines and interest.

8. How should I structure ownership of the property?

Ownership can be structured as:

• Joint Tenants – equal ownership with survivorship rights (often used by couples)

• Tenants in Common – ownership split by percentage, which can be unequal and transferred via will

The right choice depends on your personal, financial, and estate planning needs.

9. What happens if something goes wrong before settlement?

If finance falls through, the vendor defaults, or the property is damaged, your solicitor will explain your legal rights and options. This guidance is critical in avoiding financial loss.

10. Can you assist with long-term planning?

A property purchase often ties into your broader legal strategy. Many solicitors also assist with:

• Updating or creating a will

• Setting up trusts or companies for property ownership

• Planning for future investments

This ensures your property is protected both now and in the future.

Why Choose Yorkins Legal as Your Sydney Conveyancing Solicitor?

At Yorkins Legal, we combine the efficiency of modern conveyancing processes with the depth of knowledge that only qualified solicitors can deliver. Whether you are:

• Selling your property

• Buying your family home

• A first-home buyer

• Expanding your portfolio as a property investor

Our team ensures your transaction is smooth, secure, and fully protected under the law.

If you’re looking for a property solicitor in Sydney or a conveyancing lawyer in NSW, contact Yorkins Legal today. We’ll guide you every step of the way with clear advice, attention to detail, and the reassurance that comes with having an experienced solicitor on your side.

SEEKING LEGAL ADVICE

The circumstances for each sale or purchase of a property can be different. Before exchanging a Contract of Sale, you should always plan ahead by speaking with a legal professional about your matter.

At Yorkins Legal, we aim to give our clients hassle-free legal services. We can assess and advise on your circumstances to ensure your next purchase or sale of a property is as smooth as possible.

Our initial consultations are free, confidential and can be discussed over the phone or in person.

Contact us to speak with our friendly team today.

Related Solicitor

Kai Yeung

Principal Solicitor

E: kyeung@yorkinslegal.com.au 

T: (02) 7255 2788

Disclaimer - The information contained on this site is intended only to provide a general overview of matters of interest and is intended to apply only within Australia. It does not constitute legal advice. Professional advice should be obtained from a Yorkins Legal professional before taking any action in relation to any information contained on this site.