Legal and conveyancing
Learn about your consumer rights and where to get help if you have an issue with a conveyancer or legal practitioner in NSW.
An introduction to conveyancing
Conveyancers help you buy and sell property, ensuring all legal obligations are met and that your rights are protected during the transaction.
If you want to buy or sell a home, land or investment property you’ll have to sign a sale contract. Conveyancing is the process of transferring ownership of property from the seller to the buyer. This involves the preparation of sale contracts, mortgage and other related documents, and conducting checks to ensure there are no issues that could impact the sale of the property.
It’s possible to do your own conveyancing, but most people get a licensed conveyancer or solicitor to do the work for them. You can search for a do-it-yourself conveyancing kit online.
Under the Conveyancers Licensing Act 2003, professional conveyancers in NSW must hold a conveyancing licence, unless they are:
- a legal practitioner
- part of an incorporated legal practice
- part of a solicitor corporation, or
- part of a conveyancing corporation.
NSW Fair Trading keeps a register of all licences issued under the Conveyancers Licensing Act 2003 and the details of each licence holder. The register includes information about:
- disciplinary findings against licensees
- payments from the compensation fund
- other matters.
You can check a conveyancer’s licence using our online tool:
An introduction to legal professionals
Legal professionals like lawyers (solicitors) and barristers represent clients in civil and criminal litigation and other legal proceedings. They can draw up legal documents or manage and advise clients on legal transactions.
Who can help if you have an issue with a legal professional or conveyancer
Different government agencies look after the different parts of the legal system.
NSW Fair Trading
We can help you with your rights and protections under Australian Consumer Law. This means we can help you when a legal or conveyancing service you purchased was not of acceptable quality or what you asked for.
We are also responsible for regulating licensed conveyancers in NSW.
Office of the Legal Services Commissioner
The Office of the Legal Services Commissioner (OLSC) is an independent statutory body that can help with complaints about solicitors and barristers in NSW. Disputes can relate to poor communication, costs, mistakes, delays and poor service.
If a dispute involves misconduct, the OLSC may refer the complaint to the Law Society, Bar Association or NSW Civil and Administrative Tribunal - Occupational Division for investigation.
The OLSC cannot:
- provide legal advice or representation
- investigate or change court findings
- investigate a complaint in relation to a matter that is currently before a court, or
- deal with complaints about judges or magistrates (see below).
Contact the OLSC for more information.
Judicial Commission of NSW
Complaints regarding magistrates and court judges can be referred to the Judicial Commission of NSW. The Judicial Commission can investigate the ability and behaviour of judicial officers in NSW. Judicial officers include:
- a judge or associate judge of the Supreme Court of NSW
- a member of the Industrial Relations Commission of NSW
- a judge of the Land and Environment Court of NSW
- a judge of the District Court of NSW
- the President of the Children’s Court of NSW
- a magistrate, or
- the President of the Civil and Administrative Tribunal.
Visit the Judicial Commission of NSW for more information.
Your consumer rights
Under Australian Consumer Law, most services bought in Australia after 1 January 2011 come with automatic consumer guarantees.
Proof of purchase and documentation
Legal and conveyancing services in Australia are usually supplied under a contract. A written copy of the contract (including its terms and conditions) must be supplied to you. Keep this for your records and in case you need to refer to the contract terms during a dispute.
You have the right to receive proof of purchase.
Businesses must give you a receipt for goods or services valued at $75 or more. You can ask for a receipt for a transaction under $75 and the business must give it to you within 7 days.
If the service has a warranty, it will give you some extra protection against faults or defects. Warranties generally have terms and conditions attached and it’s your responsibility to be aware of these.
Advertising
Advertising can be a powerful means of persuasion, so it’s important it is truthful, accurate and easy to understand. Australian Consumer Law protects consumers from deceptive advertising claims and conduct.
Businesses are not allowed to make false or misleading representations about their products or services.
The remedy if something goes wrong with your legal practitioner or conveyancer
The remedy when things go wrong will depend on whether the problem is major or minor.
You are entitled to an appropriate remedy from the business when the product or service you purchased does not meet one or more of the consumer guarantees.
This might be:
- a refund
- cancellation
- replacement
- further service to rectify the problem
- reimbursement for damages and consequential loss in some cases.
The remedy will depend on whether the problem is:
- a major problem, or
- a minor problem.
You can find out more by visiting our repairs, replacements and refunds page.
Making a complaint
You can lodge a complaint:
Online
Ask a question
If you are unable to find the information you need, you can call us between 8:30am to 5pm on Monday to Friday. You can also use our form to make an enquiry.