Quick answer
A conveyancer is a licensed property professional who prepares and lodges the paperwork that transfers, mortgages or discharges land, and who represents you at settlement. In business lending they matter whenever property is involved: buying premises, refinancing, or discharging an old mortgage. Licensing differs by state, and in Queensland the work is done through solicitors rather than standalone conveyancers.
Key points
- Handles title transfers, mortgages, discharges and electronic settlement
- Licensed by the state; NSW conveyancers can't act on non-residential mortgages over $7 million
- In Queensland, paid conveyancing goes through a law firm; WA uses licensed settlement agents
- Can't give financial advice or, in most cases, the independent legal advice a lender demands
Most people meet a conveyancer when they buy a home. Business owners meet them again, often unexpectedly, the first time they borrow against property, because every mortgage, refinance and discharge passes through the same legal plumbing.
What does a conveyancer actually do?
Put simply, a conveyancer moves legal interests in land from one party to another. On a typical job they will:
- review the contract or loan documents and explain the property side;
- search the title and check for encumbrances;
- arrange the discharge of any existing mortgage;
- verify identity and the client’s right to deal with the land;
- prepare the electronic dealings and lodge them;
- act for you at settlement.
Electronic conveyancing now handles most of this. In NSW every dealing has been electronic since 11 October 2021, lodged through networks such as PEXA or Sympli by subscribers like conveyancers, lawyers and banks. Paper certificates of title have dropped out of the process in most states as a result.
Who is allowed to do conveyancing?
| State or territory | Who does paid conveyancing |
|---|---|
| NSW | Licensed conveyancers or solicitors |
| Victoria, SA, Tasmania, NT | Licensed or registered conveyancers, or solicitors |
| Western Australia | Licensed settlement agents or solicitors |
| Queensland | Law firms (solicitors, or staff supervised by one) |
NSW gives a useful picture of the limits. A licensed conveyancer there must hold approved professional indemnity insurance and contribute to the Property Services Compensation Fund. They can’t act on non-residential mortgages over $7 million, run court proceedings, set up trusts or give financial advice. Larger or more complicated commercial deals usually go to a solicitor.
Why they matter in business lending
When a business loan is secured by land, the lender’s own lawyers draw up the mortgage. Your conveyancer or solicitor acts for you, checking that the documents are signed correctly, any old mortgage is discharged and the funds land where they should.
Two practical points catch owners out:
- Discharges are slow. If an existing mortgage is being paid out, the outgoing lender has to process a discharge authority. A conveyancer who lodges it on day one can save a week.
- Independent legal advice is separate. Many lenders want a solicitor’s certificate confirming you understand a guarantee or a short-term loan. A conveyancer usually can’t sign it.
If a settlement is wobbling because funds are short, a settlement shortfall loan may help. You can send us the details here and we’ll look quickly.
An example
A Geelong engineering firm wants $400k for new machinery and plans to raise it through a second mortgage over its factory, sitting behind the bank’s existing loan. The owner’s conveyancer orders a title search, confirms the bank’s consent is needed and requested, and coordinates with the new lender’s solicitors. Because guarantees are involved, the owner also sees a solicitor for an independent legal advice certificate. Settlement happens electronically, with no one meeting in a room. (Illustrative only.)
Related terms
A discharge of mortgage removes a paid-out loan from the title. The deposit on a purchase is usually held in trust until settlement. If you’re buying premises, the commercial property loans page explains how the finance side lines up with the conveyancing.
Is a property deal waiting on finance?
Conveyancers keep a transaction moving, but they can’t conjure the money. That’s where we come in. Our enquiry form is quick, about a minute from start to finish, and sending it won’t leave a credit enquiry on your file. Nobody shops your enquiry around the market, and a specialist who knows property-secured lending will call you to talk through timing. Include your settlement date and an honest picture of the property and its existing loans, so we can line up something realistic before the deadline.
Frequently asked questions
Do I need a conveyancer for a business loan?
Only if property is involved. For a property-secured loan, someone has to deal with the mortgage documents, any discharge of an existing loan and the electronic settlement. That can be a conveyancer or a solicitor. Unsecured loans don't need one.
Can a conveyancer give independent legal advice on a loan?
Usually not. Many lenders, especially for guarantees and private or caveat loans, ask for a certificate of independent legal advice signed by a solicitor. Check the lender's requirement before you book anyone.
What's the difference between a conveyancer and a property lawyer?
A conveyancer is licensed for property transactions only. A solicitor can do the same conveyancing work plus give broader legal advice, act in disputes and draft trusts or wills. Complex commercial deals often suit a solicitor.
How long does a conveyancer take on a refinance?
It depends mainly on the outgoing lender. Getting a discharge authority processed is often the slowest step. A conveyancer who chases the discharge early can take days off the timeline.
What is a settlement agent?
It's the term used in Western Australia for a licensed conveyancer. They perform the same role of preparing documents and attending settlement.