Conveyancing may appear straightforward, but even small oversights can cause costly delays or disputes.
Many problems arise when key steps are missed, documents are incomplete, or communication between parties breaks down.
This article outlines the most common issues that occur during NSW property transactions — and how an experienced property lawyer helps you avoid them.
1. Missing or Defective Disclosure Documents
Under the Conveyancing (Sale of Land) Regulation 2022 (NSW), a seller must attach certain prescribed documents to every Contract for Sale. These include the title search, Section 10.7 Planning Certificate, drainage and sewer diagram, and any dealings such as easements or covenants.
If any of these are missing or inaccurate, the buyer may have a right to rescind the contract before completion. For the seller, that can mean wasted time, reissuing contracts, and losing the buyer.
A property lawyer ensures the contract is complete and compliant before the property is listed for sale or before exchange — preventing last-minute surprises that can jeopardise the deal.
2. Unapproved Structures and Compliance Issues
Homes often contain additions such as pergolas, decks, or pool fences built without the required approvals or occupation certificates. These can become major legal and financial issues once identified.
Buyers who discover unapproved works after exchange of contracts may inherit the compliance risk or face difficulties obtaining finance or insurance. In some cases, they may seek compensation or even terminate the contract.
A property lawyer identifies potential compliance problems early by reviewing council records and advising whether to request retrospective approval, negotiate a price adjustment, or include warranties in the contract.
3. Errors in Contract or Special Conditions
Ambiguous or poorly drafted clauses are one of the most common causes of conveyancing disputes.
Problems include unclear settlement adjustments, inconsistent GST provisions, or terms that contradict the standard form of the contract.
Even a minor drafting error can shift legal risk, affect settlement timing, or make enforcement difficult.
Lawyers review every clause to ensure they are consistent, lawful, and reflect the parties’ intentions.
4. Delayed Settlement
Settlement delays are among the most stressful issues for both buyers and sellers.
They can arise from incomplete lender documents, miscalculations in adjustment figures, or last-minute PEXA readiness problems.
If a party cannot complete on time, the other party may issue a Notice to Complete, claim default interest, or terminate the contract after the notice period expires.
Delays can also have practical consequences — such as storage costs, bridging finance, or missed settlement chains.
A property lawyer manages critical dates, liaises with banks, and ensures documents are verified well before completion, reducing the risk of last-minute chaos.
5. Last-Minute Contract Variations
Late changes to settlement dates, tenancies, or included items often cause confusion and dispute.
Verbal agreements made through the real estate agent can be difficult to uphold unless properly documented.
A property lawyer formalises any amendments through a written contract variation or extension agreement so that rights and obligations remain enforceable. This ensures the parties know exactly what has been agreed and avoids uncertainty at settlement.
6. Caveats, Easements or Title Defects
Properties can be affected by caveats, unregistered dealings, or easements that limit use or access.
Sometimes these issues only emerge during the conveyancing process, but by then they can delay or even derail a sale.
A title review conducted by your property lawyer early in the process will reveal any restrictions or encumbrances that might affect your use of the property.
7. Poor Communication Between Parties
Even when the legal documents are in order, poor coordination between the agent, lender, and lawyers can cause unnecessary stress.
Missed emails, unclear settlement figures, or last-minute document requests can lead to avoidable delays.
A proactive property lawyer maintains clear lines of communication, provides progress updates, and coordinates all stakeholders to keep the transaction running smoothly.
Good communication is often what distinguishes a calm, on-time settlement from a frantic one.
8. How a Property Lawyer Prevents These Problems
Experienced conveyancing lawyers manage legal, procedural and practical risks throughout the transaction. Their work includes:
Reviewing and correcting contracts before exchange;
Checking compliance with all disclosure requirements;
Identifying title and zoning issues early;
Liaising with agents, lenders and public authorities;
Tracking all deadlines and settlement readiness;
Preparing and verifying settlement documents;
Providing you with advice when issues arise.
Beyond the technical work, a lawyer provides accountability and professional indemnity protection — reassurance that if something does go wrong, there is recourse and responsibility.
Conclusion
Most conveyancing problems are avoidable. They arise when contracts are rushed, disclosures are incomplete, or key deadlines are overlooked.
With a qualified property lawyer managing the process from start to finish, these risks are identified and resolved long before they can threaten your transaction.
Speak to a specialist property lawyer
Our property team includes multiple Accredited Specialists in Property Law who act for buyers and sellers across Sydney and NSW. If you’re buying, selling or transferring property, give us a call or submit an enquiry now to speak with one of our conveyancing lawyers.
