Why Does Conveyancing Take So Long?

Is conveyancing slow, or is the wait built in?

Mostly, the wait is built in. When a contract is signed, buyer and seller agree a settlement date weeks ahead so the buyer can turn pre-approval into a formal loan, the seller can arrange to discharge their mortgage and move out, and both conveyancers can complete their checks.

The hands-on legal work takes far less time than the settlement period. It is spread out because each step waits on someone else: a lender, a council, an owners corporation or the other party's conveyancer. Our guide to how long conveyancing takes sets out the normal timeline stage by stage, with the usual settlement periods in each state.

So the question of why conveyancing takes so long is really two questions: why the agreed period is weeks rather than days, and why some files run past even that date. The rest of this guide deals with the second.

What are the most common causes of conveyancing delays?

Six causes account for most delays. The table shows why each one slows things down and what usually prevents it.

What documents or checks usually slow down the conveyancing process?

The documents that hold files up most are the ones a third party has to produce. Your conveyancer can request them, but cannot control when they arrive.

• Loan documents and formal approval. Pre-approval is not enough for settlement. The lender must issue unconditional approval and loan documents, and you must sign them.
• The seller's mortgage discharge. The seller's lender has to process a discharge request before it can take part in settlement. Requesting it soon after the contract is signed avoids a last-minute scramble.
• Council, water and strata records. Certificate times vary by council and owners corporation. In Victoria, for example, an owners corporation has up to 10 business days to issue its certificate. See how long conveyancing searches take.
• Identity checks. Electronic conveyancing rules require conveyancers to verify their clients' identity before signing documents on their behalf, which takes longer when a buyer or seller is overseas.
• Probate or letters of administration. A deceased estate generally cannot settle until the executor or administrator has authority to sell; see selling before probate is granted.
• Family law orders or agreements. Transfers between former partners usually need court orders or a formal agreement in place before they can settle.
• Compliance certificates. Missing pool, building or occupancy certificates can delay settlement or lead to a dispute; see missing compliance certificates.
• Foreign investment approval. Foreign buyers who need approval from the Foreign Investment Review Board usually make the contract conditional on it, which extends the timeline.

Why do linked sales and purchases cause delays?

Because a delay anywhere in the chain flows through to every settlement that depends on it. A linked transaction is one where a settlement relies on another, most often a buyer who needs the money from selling their current home to complete the purchase.

Chains are common and usually manageable. The usual approaches are:

• Simultaneous settlement: both settlements booked for the same day, with the sale money flowing into the purchase. Electronic settlement makes this easier, but both contracts must have dates that line up.
• A gap between the two: selling first and renting, or buying first and holding two properties for a short time.
• Bridging finance: a short-term loan that lets you settle the purchase before the sale; see bridging loans and settlement timing.
• A subject-to-sale condition: the purchase only proceeds if your sale goes ahead, which many sellers resist. Our guide to dual conditional contracts explains the risks.

Can the other side's conveyancer or lender hold things up?

Yes. Settlement only happens when every party is ready at once: both conveyancers, the buyer's lender and the seller's lender. With electronic settlement, everyone must have signed their documents in the same online workspace before the booked time, so one late signature can push settlement to another day.

Your conveyancer cannot force the other side to move faster before the settlement date, but the contract gives remedies if they miss it. Depending on the state and the contract, the party who is ready may be able to claim penalty interest or issue a notice to complete. Our guide to dealing with a delayed settlement explains each option.

Do public holidays and off-the-plan purchases slow conveyancing down?

Yes, both can. Contract deadlines and cooling-off periods are usually counted in business days, so public holidays push them out, and banks and land registries do not settle on weekends. State-specific holidays matter too, so a date that works in one state may not in another. Our guide to why settlements slow down around public holidays explains how to plan around them, including the Christmas and New Year break.

Off-the-plan purchases run to a different clock. Settlement waits until the building is finished and the plan is registered, so the timeline depends on the developer and can move by months. The contract's sunset date sets the outer limit; see how sunset clauses work.

How to avoid conveyancing delays

Most delays can be prevented with early preparation. These steps cover the common causes.

1. Engage a conveyancer before you sign or list. Buyers should have the contract reviewed before signing or bidding; see how long contract review takes. Sellers should have the contract and disclosure documents prepared before marketing starts.
2. Get finance moving the day you sign. Send the signed contract to your lender or broker straight away and ask exactly what they need for formal approval and valuation.
3. Agree a realistic settlement date. Allow for your lender's current turnaround, any linked sale and public holidays. A slightly longer settlement you can meet is safer than a short one you might miss.
4. Order searches and certificates early. Your conveyancer can order searches as soon as the contract arrives. Sellers can request certificates before the property is listed.
5. Complete identity checks and sign promptly. Verify your identity early, especially if you will be overseas or travelling, and return signed documents the same day where you can.
6. Line up linked transactions. Tell your conveyancer about any sale or purchase that depends on this one, so both settlement dates can be coordinated from the start.

ConveyDirect arranges fixed-fee quotes in every state and territory, with free contract review when you are buying and a response within two business hours, so you can have a conveyancer in place before the deadlines start running.

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.