Buying a home is exciting—but the conveyancing process in NSW can feel complex if you don’t know the steps. This guide walks you through each stage from offer to settlement, so you know what to expect, what to prepare, and how to avoid costly delays.
At MCB Lawyers, our conveyancing solicitors help buyers across Manly (Northern Beaches), Parramatta, and Wollongong move from offer to settlement with clarity and confidence.
🔑 Key Takeaways
- The conveyancing process in NSW runs from offer, review and exchange through to settlement and registration.
- Use the cooling-off period wisely—or a Section 66W only when finance and due diligence are complete.
- Early legal review, timely lender documents and a final inspection help prevent costly delays.

1) Pre-Offer Preparation (Finance & Due Diligence)
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Finance pre-approval: Speak with your lender or broker so you understand your budget and conditions.
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Research & inspections: For houses, arrange building & pest; for strata properties, consider a strata records inspection.
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Engage a lawyer early: Having your conveyancing solicitor on hand means faster review and negotiation once a contract appears.
Tip: Early legal input helps you avoid unfavourable terms and identify red flags (easements, unapproved works, levy spikes).
2) Offer & Contract Review
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Once your offer is accepted (private treaty), the seller’s agent provides a draft Contract for Sale.
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We review and negotiate terms (special conditions, inclusions, settlement period, repair obligations) and flag issues like easements, unapproved structures, or by-laws in strata schemes.
Goal: Align the contract with your finance, risk tolerance, and timing before you commit.
3) Exchange of Contracts & Cooling-Off (or Section 66W)
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Exchange makes the contract binding. A deposit (often 10%, sometimes 5%) is paid.
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Many private treaty purchases include a cooling-off period (commonly 5 business days in NSW) unless waived by a Section 66W certificate signed by your lawyer.
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Auctions typically have no cooling-off, and you exchange on the day—so pre-auction contract review and due diligence are vital.
Tip: If you need a fast, competitive offer, you may use a 66W—but only when your due diligence and finance are in order.
4) Searches, Enquiries & Finance Unconditional
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We order property searches and make required enquiries (title, planning, council rates, water, strata records).
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You finalise formal loan approval (unconditional). Many lenders require a valuation and specific documents.
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Arrange home insurance from exchange (your lender may require this).
Outcome: Legal and financial certainty as you move toward settlement.
5) Statement of Adjustments, Duty & Settlement Booking
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Your solicitor and the seller’s solicitor prepare the Statement of Adjustments (rates, water, strata levies) so each party pays their fair share to settlement.
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Transfer (stamp) duty: ensure duty is calculated and ready—your lender will usually require duty to be paid prior to settlement so transfer can be registered promptly.
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We coordinate with all parties (seller’s lawyer, lender, PEXA network) to book settlement and prepare the Transfer and Notice of Sale.
Tip: Provide any lender documents quickly to avoid last-minute delays.
6) Pre-Settlement Inspection (Final Inspection)
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Arrange a final inspection close to settlement to confirm the property is in the same condition as at exchange and that agreed inclusions remain.
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If issues arise (damage, missing inclusions), we’ll advise on practical remedies (e.g., rectification or settlement adjustments).
7) Settlement Day
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On settlement, funds are transferred electronically (via PEXA) and legal documents are exchanged.
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Your lender (if any) takes a mortgage and registers the Transfer with NSW Land Registry Services.
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You receive confirmation, and keys are released (usually via the agent).
Result: You’re the legal owner—congratulations!
8) Post-Settlement
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We provide a settlement report and copies of registered documents.
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Utilities/accounts can be finalised in your name; council/water/strata are notified via the Notice of Sale.
Common Pitfalls to Avoid
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Skipping contract review (hidden risks, unfair clauses).
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Rushing to waive cooling-off without finance or inspections.
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Delays with lender documents (can jeopardise settlement timing).
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Not insuring at exchange (risk exposure before settlement).
Why Work with MCB Lawyers
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Clear, fixed-fee options* for many conveyances.
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Fast contract reviews and practical risk advice.
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Local knowledge: Northern Beaches, Parramatta, Wollongong.
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End-to-end coordination with lenders, agents and the seller’s solicitor for a smooth settlement.
📞 Buying in NSW? Get your contract reviewed before you sign.
Contact MCB Lawyers | (02) 9977 1133
Disclaimer: This blog post is for general information only and does not constitute legal advice. Please seek tailored legal advice before acting on any of the information provided.
