Conveyancing Guide

A Checklist for Changing Conveyancers Mid-Transaction

What to check before, during and after switching conveyancers partway through a purchase or sale, so nothing falls through the cracks.

Most people choose a conveyancer once and never think about it again until the transaction is finished. But sometimes that relationship breaks down, whether it is poor communication, missed deadlines, an unexpected fee dispute, or simply a feeling that your file is not getting the attention it needs. Changing conveyancers partway through a purchase or sale is entirely possible and, in most cases, straightforward, provided you handle the handover methodically rather than in a rush.

Confirm the Problem Is Serious Enough to Warrant a Switch

Before starting the process, be honest about whether the issue is something that can be resolved with a phone call or whether it genuinely justifies a change. A conveyancer who is slow to respond during a quiet period is different from one who has missed a settlement deadline or given advice that turned out to be wrong. Put your concerns in writing first, ask for a clear explanation, and give a reasonable timeframe for a response. If the answer does not resolve your concerns, or the pattern of poor service continues, it is reasonable to move on.

Check Your Costs Agreement Before You Act

Every licensed conveyancer or solicitor is required to provide a costs agreement or disclosure document at the start of the engagement. Read it again before you terminate the arrangement, because it will set out how fees are calculated if the matter ends before completion, whether any work already invoiced is refundable, and what notice period, if any, applies. Some agreements charge for work completed on a pro-rata basis, while others have a minimum fee regardless of how far the file has progressed. Understanding this in advance avoids a dispute layered on top of an already frustrating situation.

Find a Replacement Before You Resign the First One

Do not terminate your current conveyancer until you have a replacement lined up and ready to accept the file. A gap between conveyancers, even a short one, is when deadlines are most likely to be missed, particularly if you are close to a cooling-off period expiring or a settlement date approaching. When comparing options, use the same criteria you would for any new engagement, including how conveyancer quotes compare on scope and fixed fees, not just price. Confirm the new conveyancer is available to take over urgently and ask how quickly they can review the file once it arrives.

Be upfront with any prospective new conveyancer about why you are switching and how far along the transaction is. A conveyancer who understands they are inheriting a file mid-way through, rather than starting fresh, can plan their initial review accordingly and flag straight away if they need additional time before taking on responsibility for an upcoming deadline. Some firms are reluctant to take on a file very close to settlement, so being transparent early saves you time chasing a second or third option.

Notify Your Current Conveyancer in Writing

Send a short, factual email or letter terminating the engagement and requesting that the complete file be transferred to your new conveyancer. Include your new representative's contact details and ask for a confirmation of receipt. Keep the tone professional even if you are frustrated, since you may still need this conveyancer's cooperation to release documents and respond to queries during the handover period.

Request the Full File Transfer

  • The signed contract of sale and any special conditions or amendments negotiated so far.
  • Copies of all searches already completed, including title, council and any strata or planning searches.
  • Correspondence with the other party's representative, the agent and your lender.
  • Any calculations prepared for settlement figures, adjustments or duty assessment.
  • Confirmation of key dates already passed or still outstanding, such as finance approval or building inspection deadlines.
  • Details of any deposit held in trust and instructions on how it is to be handled going forward.

Put the request in writing rather than relying on a verbal handover between the two firms, and ask your new conveyancer to confirm in writing once everything on the list has actually been received. It is common for a file transfer to arrive missing one or two items, particularly older correspondence or search results ordered early in the transaction, so treat the list as something to actively check off rather than assume is complete.

Brief the New Conveyancer Thoroughly

Once the file arrives, arrange a call or meeting with your new conveyancer to walk through where things stand, not just what documents exist. Explain any concerns raised during the transaction so far, flag anything you are unsure has been properly actioned, and confirm they understand the remaining timeline to settlement. A good conveyancer will re-check the key dates and searches independently rather than simply relying on the previous file, since this is the point where small errors are most likely to surface.

Watch the Deadlines Through the Transition

The period immediately after a switch is the highest-risk window in the whole process. Confirm in writing that your new conveyancer has picked up every outstanding deadline, particularly finance dates, inspection periods and the settlement date itself. If you are mid-way through a residential purchase or a residential sale, ask specifically whether anything needs to be actioned in the next 48 hours. Changing representatives is not, on its own, grounds for an extension, so the new conveyancer needs to be across the file quickly.

Keep Records of the Handover

Save copies of every email exchanged during the transition, including the termination notice, the file transfer request and any acknowledgment from the outgoing conveyancer. If a dispute arises later over fees or an error that occurred before the switch, having a clear paper trail of when responsibility changed hands protects you. If you are unable to resolve a fee dispute directly, each state has its own regulator that can assist, such as NSW Fair Trading's complaints and enquiries service, which handles disputes involving licensed conveyancers and solicitors handling property matters.

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