Do You Still Pay Conveyancing Fees If a Sale Falls Through?

Prices checked October 2026. Fee and disbursement ranges are typical quotes for a standard residential matter, include GST, and vary by firm, state and property. Cooling-off amounts are as set by state law.

Do you still pay solicitor or conveyancing fees if your house sale falls through?

In most cases you pay something, and your costs agreement decides how much. A conveyancer or solicitor is paid for their work, not for the result, unless they have agreed otherwise. The usual arrangements are:

• Work done to date: part of the fee for the stages completed, such as preparing or reviewing the contract and running searches.
• Full fee: some agreements make the whole professional fee payable once certain work is done.
• No sale, no fee: the professional fee is waived if the property does not sell. This is normally offered to sellers only.

Conveyancers must disclose their costs in writing before or when they are engaged (in NSW, Victoria and WA, for example), so the answer should already be in the paperwork you received. If it is not clear, ask before you sign. For typical fee levels, see how much conveyancing costs in Australia.

What you may still pay when a sale or purchase falls through

Apart from the conveyancer's fee, several other costs can be lost when a deal ends. Which apply depends on why it ended and which side you are on.

The NSW Government warns that buyers may pay some upfront costs, such as building reports and legal fees, more than once if they make offers on more than one home. For how cooling-off works in each state, see our cooling-off period guide.

What does no sale, no fee cover?

No sale, no fee means a seller does not pay the conveyancer's professional fee if the property does not sell. It is a seller's arrangement; buyers are normally charged for the work done if a purchase does not proceed.

What it usually covers:

• the professional fee for preparing the contract and any vendor disclosure statement
• advice and work while the property is on the market

What it usually does not cover:

• Disbursements already incurred. The searches behind a contract or vendor statement are paid to third parties when they are ordered. In NSW the contract needs a title search, plan, planning certificate and sewer diagram before marketing; in Victoria the Section 32 needs its own searches; in South Australia the Form 1 searches make up most of a seller's disbursements.
• A sale that ends after the contract is signed. Agreements differ on whether a sale that falls over after exchange counts as no sale. Check whether the fee is payable only if the property sells and settles.
• Other selling costs, such as agent marketing, which depend on your agency agreement.

ConveyDirect sale quotes are no sale, no fee: the conveyancing fee is payable only if your property sells and settles, and if it does not, only the disbursements already incurred are payable. See residential sale conveyancing.

Is it worth paying extra for a no sale, no fee conveyancer?

It depends on how likely the sale is to fall over and how much extra you are asked to pay. Some firms include no sale, no fee in their standard sale price; others charge more for it. Compare the full fee with and without it.

The most it can save you is the professional fee for a sale that never completes, which for a standard sale is typically $700 to $2,200 including GST, depending on the state. It cannot save you the disbursements, which you pay either way. So a large premium for it is hard to justify, while getting it at no extra cost is a plain benefit.

It is most useful when:

• you are testing the market, or selling at auction with no firm plan if the property passes in
• the property is unusual or the local market is slow, so a sale may take months
• the sale depends on something outside your control, such as an estate or a separation

It matters less if you already have a committed buyer, for example in a sale to a family member. Our guide to fixed-fee conveyancing covers what else to check in a quote.

What if the buyer pulls out of your sale?

If a buyer ends the contract lawfully, for example during cooling-off or under a finance or building condition, the seller usually has no claim beyond any cooling-off termination amount. If the buyer simply fails to complete, the seller may be entitled to terminate, keep the deposit and claim losses, which can include the cost of reselling. Your conveyancer's extra work on notices and termination may be charged on top of the quote.

Whether you can recover your own conveyancing costs from a defaulting buyer depends on the contract and the facts, so get advice before you act. See buyer default remedies explained.

What if your purchase falls through?

A buyer usually pays for the work done to that point, such as the contract review and any searches, plus any reports they ordered. How the purchase ended affects what else is lost:

• Finance not approved: if the contract has a finance condition and you end it as the clause allows, the deposit is normally refunded. See what happens if your finance falls through.
• Cooling off: you get the deposit back less the termination amount your state sets.
• The seller pulls out: you may have rights against the seller. See what happens if the seller pulls out before settlement.

Walking away costs least before you sign, because nothing is binding yet, which is why a contract review comes first. ConveyDirect includes a free contract review for buyers before they sign.

What happens to fees if settlement itself falls through?

If settlement is only delayed, the deal is still alive and your fee is paid when it eventually settles, though extra work on extensions or notices may be charged if your quote allows. If the contract is terminated after a failed settlement, you pay for the work done as above, and the party at fault may face penalty interest or a claim for losses. See failed settlement penalty interest explained.

How to protect yourself

• Ask before you sign what is payable if there is no settlement, and get it in writing.
• For a sale, check whether no sale, no fee applies right up to settlement or only until the contract is signed.
• Ask which disbursements will be ordered upfront and roughly what they cost.
• Keep the right conditions in a purchase contract, such as finance and building and pest, so you can exit cleanly if you need to.

Frequently asked questions

This guide is general information, not legal or financial advice. Rules, fees and timeframes change and differ between states, so confirm your own situation with a licensed conveyancer, settlement agent or solicitor.