Conveyancing is the legal and administrative process of transferring property ownership from one person to another. In Melbourne, this process involves several steps and formalities that, if not properly managed, can lead to costly delays or disputes.
Understanding common conveyancing issues is essential for anyone buying or selling property. Partnering with an experienced solicitor can help you avoid these pitfalls and ensure a smooth settlement process.
Summary of Common Conveyancing Issues
| Issue | Impact | How to Avoid |
| Misunderstanding Contract Terms | Breach of contract, legal disputes | Engage a lawyer or conveyancer early, and explain terms clearly |
| Finance Delays or Failures | Missed settlement, loss of deposit | Apply early, use subject-to-finance clauses |
| Inaccurate or Incomplete Documentation | Delayed or invalid settlement | Double-check documents through your lawyer or conveyancer |
| Building & Pest Inspection Oversights | Unexpected repair costs, legal issues | Conduct inspections and act on findings |
| Final Inspection Discrepancies | Post-settlement disputes | Conduct an inspection 2+ days before settlement |
| Outstanding Rates/Fees | Financial liability for the buyer | Ensure all adjustments are included in the settlement statement |
Misunderstanding Contract Terms
A common issue in conveyancing is the misinterpretation of contract terms. Buyers and sellers may overlook key clauses or fail to understand their obligations under the contract.
Impact: This can lead to contract breaches, financial penalties, or even legal action.
How to Avoid: Always engage a lawyer or conveyancer before signing any contract. Your lawyer or conveyancer will review the document, explain the legal terms in plain English.
Finance Delays or Failures
Another frequent cause of delay is finance approval not being finalised in time. Even if pre-approval has been granted, the final loan can fall through if certain conditions aren’t met.
Impact: If finance is not secured by the due date, you risk delaying settlement or losing your deposit.
How to Avoid: Apply for loan pre-approval early, meet lender requirements promptly, and include a subject-to-finance clause in your contract to safeguard against unexpected issues.
Inaccurate or Incomplete Documentation
Errors such as incorrect names, missing signatures, or inaccurate title details can disrupt the conveyancing process.
Impact: These mistakes may delay settlement or invalidate the contract.
How to Avoid: Work with your lawyer or conveyancer, who will carefully prepare and review all documentation to ensure accuracy.
Building and Pest Inspection Oversights
Skipping building and pest inspections is a risky move that can lead to discovering significant issues post-settlement.
Impact: You may be forced to deal with expensive repairs or initiate legal disputes with the seller.
How to Avoid: Always include a building and pest inspection condition in your contract and act on any findings before finalising the purchase. Make sure to get your lawyer or conveyancer to review these clauses as often they have strict criteria for when you are able to terminate a contract due to the findings of a building and pest report (eg only for major structural issues, within a certain timeframe).
Final Inspection Discrepancies
The final inspection ensures the property is in the same condition as agreed. If discrepancies are discovered too late, it can delay or complicate settlement.
Impact: Post-settlement disputes or additional negotiation may be required.
How to Avoid: Conduct your final inspection at least two days before settlement. Raise any concerns immediately and involve your lawyer or conveyancer if needed.
Outstanding Rates or Body Corporate Fees
Sometimes sellers forget to settle outstanding fees, which may be inherited by the buyer if not adjusted correctly.
Impact: You could end up paying debts that aren’t yours.
How to Avoid: Ensure your legal representative calculates and includes all necessary adjustments in the final settlement statement.
Final Thoughts
Navigating a property transaction requires more than just signing paperwork — it requires legal insight, clear communication, and early preparation.
By understanding these common conveyancing issues and following the right steps, you can avoid costly delays and ensure a smooth experience.
At Flint Lawyers, we offer clear, practical advice tailored to your needs. Whether you’re buying your first home or expanding your investment portfolio, our team is here to protect your interests from sale to settlement.
Need professional help with conveyancing in Melbourne? Contact Flint Lawyers today to speak with a solicitor who understands the local property landscape and can help you avoid unnecessary setbacks.
Disclaimer
Legal Information Only
The information on our website is general and is not legal advice. We put lots of work into making our content insightful but it may not apply to your personal circumstances. We’re more than happy to help with your individual issues – just reach out.