The two parts of every conveyancing quote
When a Gold Coast firm quotes you for conveyancing, the number is made up of two distinct things, and it helps to keep them separate in your mind.
The first is the professional fee. This is what you pay the firm for the legal work: reviewing the contract, advising you, conducting the transaction, attending to the transfer, and managing settlement. This is the part the firm actually sets, and it is the part you are really comparing when you compare quotes.
The second is disbursements. These are amounts the firm pays out on your behalf to third parties and then passes on to you, usually at cost. They include government charges, title searches, and other searches against the property. The firm does not profit from these. They would be payable no matter who acted for you, and in most cases they would be payable even if you handled the transaction yourself. A quote that looks cheap because it leaves disbursements out is not really cheaper. It has simply moved part of the cost off the headline figure.
So when you read a quote, the first question to ask is a simple one: does this number include disbursements, or is it the professional fee only? The answer changes everything about whether two quotes are comparable.
Why Gold Coast conveyancing is solicitor’s work
Queensland is the only state with no separate licenced conveyancer profession. In New South Wales and Victoria, a licenced conveyancer can handle a residential transfer without being a solicitor. Queensland does not have that regime. Under the Legal Profession Act 2007 (Qld), paid conveyancing work in Queensland must be carried out by a solicitor holding a current practicing certificate.
What this means for cost is twofold. First, the businesses advertising low-cost conveyancing on the Gold Coast are law firms, staffed by solicitors and supervised staff, whatever the marketing looks like. Second, the professional fee you pay buys legal work performed by, or under the supervision of, a solicitor, with the professional indemnity insurance that sits behind that. That is part of what you are paying for, and it is worth weighing when a quote looks unusually low. You can read more about how the firm approaches conveyancing in Queensland and what is involved in a typical transaction.
What drives the cost up or down
Two conveyancing matters are rarely identical, and the things that move the cost are mostly to do with how complicated the transaction is, not the suburb it is in.
Property type. A standard freehold house is the simplest case. A unit or townhouse in a community titles scheme brings in body corporate searches and records to review, which adds work. Off-the-plan purchases, vacant land, and rural or mixed-use property each add their own layers.
Whether you are buying or selling. A purchase usually involves more investigation than a sale, because the buyer is the one taking on the risk in the property and needs the searches and contract review to understand what they are buying.
Searches required. The searches appropriate to a given property vary. A title search is standard. Beyond that, the searches that are prudent depend on the property and its location, and each search carries its own fee.
Finance and timing. A transaction with a mortgage involves coordinating with the incoming lender, and an outgoing mortgage on a sale involves a release. Tight settlement timeframes, extensions, and complications during the contract period can all add to the work involved.
Special conditions. The standard contract is one thing. Negotiated special conditions, unusual terms, or problems that surface during the contract period, such as a title issue or a building and pest result that needs to be acted on, all take time to deal with properly.
“The professional fee is the part a firm actually sets. The disbursements are largely fixed by the property and the government, and would be payable whoever acted for you. Compare the right part.” |
Government fees and disbursements: where the money goes
On a purchase, the disbursements are usually larger than the professional fee, and the biggest of them is a government charge that has nothing to do with your conveyancer.
Transfer duty. Transfer duty, often still called stamp duty, is a Queensland state tax payable on the transfer of property. It is calculated on the value of the property under the Duties Act 2001 (Qld), on a sliding scale, so it rises with the price you pay. It is by far the largest single cost on most purchases. Concessions can reduce or remove it in some cases, most notably the home concession for buyers who will live in the property and the first home concessions, each of which has eligibility requirements. Your conveyancer calculates the duty and any concession, but the duty itself is set by the State, not the firm.
Titles Registry fees. The Queensland Titles Registry charges fees to register the transfer and to register or release a mortgage. These are fixed government lodgement fees.
Searches. A title search confirms who owns the property and what is registered against it, such as mortgages, easements and covenants. Depending on the property, further searches may be prudent. Each carries its own fee, set by the search provider, and is passed on to you.
None of these are negotiable with your conveyancer, because the firm does not set them. This is exactly why comparing only the headline quote can mislead. The duty, registry fees and searches will land on your settlement statement regardless of which firm you choose.
Fixed fee or hourly: what the difference means for you
Conveyancing professional fees are usually charged in one of two ways, and the difference matters for your certainty more than for the final number.
A fixed fee is a set price for the conveyancing work, agreed at the start. Its great advantage is certainty: you know the professional fee before you commit, and it does not climb if the matter takes longer than expected. The thing to check is what the fixed fee includes, because a fixed fee for a straightforward matter may not cover additional work if a complication arises. A good fixed-fee quote will say plainly what is and is not within the fixed price.
An hourly rate means you pay for the time actually spent. This can suit an unusually complex matter where the scope is genuinely hard to predict, but it gives you less certainty upfront, and a simple matter can still attract a meaningful bill if small issues accumulate. If you are quoted an hourly rate, ask for an estimate of the likely total and what would cause it to change.
Whichever basis applies, every Queensland law firm must give you a costs disclosure before or as soon as practicable after it starts acting, setting out how its fees are calculated and an estimate of the total legal costs. That disclosure is the document to read closely. It is required under the Legal Profession Act 2007 (Qld), and it is where the real answer to what will this cost lives.
What to ask before you choose a conveyancer
Comparing conveyancing quotes well is mostly about asking the same questions of everyone you ask. A short list does the job.
Ask whether the quoted figure is the professional fee only, or whether it includes disbursements. Ask what searches are included and what they cost. Ask whether transfer duty has been factored into any all-up figure they have given you, or quoted separately. Ask, for a fixed fee, what work falls outside the fixed price and what it would cost if it came up. Ask who will actually be doing the work and supervising it. And ask when the contract will be reviewed, because a review before you sign is worth far more than one after you are bound.
The aim is to be able to compare the total of professional fees plus disbursements for the same scope of work. Once you are comparing like with like, the genuinely cheaper option becomes obvious, and so does the one that only looked cheap.
Why the cheapest quote is not always the full picture
A very low conveyancing quote usually means one of a few things, and it is worth knowing which. It may exclude disbursements, so the headline number is the professional fee alone and the real cost is higher. It may cover only a bare-bones service, with searches, contract review or advice treated as extras. Or it may reflect a high-volume operation where your matter gets limited individual attention, which is fine until something goes wrong and you need someone to actually deal with it.
The largest costs in a Gold Coast purchase, transfer duty and the registry and search fees, are effectively the same whoever you instruct, because they are set by the State and by third parties. The professional fee is the part that varies, and it is usually the smaller part. Saving a modest amount on the professional fee is a poor trade if it means a contract is not properly reviewed, a deadline is missed, or a title problem is not picked up before settlement. The honest measure of value is the total cost for the work actually done, and the protection you get for it.
What this means for you
Compare the total, not the headline
When you collect quotes, work out the total of professional fees plus disbursements for the same scope. A quote that omits searches or disbursements is not really lower, it is just presented differently. Like-for-like comparison is the only fair one.
Budget for transfer duty separately and early
On a purchase, transfer duty is usually the single biggest cost and it is set by the value of the property, not by your conveyancer. Find out early whether a concession applies to you, because it can change the figure substantially.
Read the costs disclosure, not just the quote
Every Queensland firm must give you a costs disclosure explaining how its fees are worked out and estimating the total. That document, not the marketing figure, tells you what you will actually pay and what is included.
Value the contract review
The cheapest way to avoid an expensive problem is to have the contract reviewed before you sign. A small professional fee that includes a proper review is better value than a lower one that does not. You can read about the firm’s approach to residential conveyancing and what a typical transaction involves.
Property and conveyancing If you are buying or selling on the Gold Coast and want to understand what your conveyancing will involve and cost, our conveyancing team offers a free 15-minute scoping call to talk through your matter. There is no obligation, and any engagement is agreed in writing before work begins. |
Common questions about conveyancing cost
Is stamp duty part of the conveyancing fee?
No. Transfer duty, commonly called stamp duty, is a Queensland state tax calculated on the value of the property under the Duties Act 2001 (Qld). It is a disbursement passed on to you, not part of the firm’s professional fee, and your conveyancer does not set it. On most purchases it is the single largest cost.
Do I have to pay disbursements even if I do the conveyancing myself?
In most cases, yes. Government charges such as transfer duty and Titles Registry fees, and the cost of searches, would be payable whether or not you use a solicitor. What you save by acting yourself is the professional fee, and you take on the legal work, and the risk, without legal training or professional indemnity insurance behind you.
Is a fixed fee always cheaper than an hourly rate?
Not necessarily. A fixed fee gives you certainty about the professional fee, which is its main advantage. Whether it is cheaper than an hourly rate depends on the matter. The more important question is what the fee includes, and whether the same scope of work is covered, because that is what makes two quotes truly comparable.
Why is one quote so much cheaper than the others?
Usually because it excludes disbursements, covers a narrower scope, or reflects a high-volume service with limited individual attention. The large costs on a purchase, duty and registry and search fees, are much the same whoever acts for you. Compare the total cost for the same work, and confirm that a proper contract review is included.
Does it cost more to buy a unit than a house?
Often, a little. A unit or townhouse in a community titles scheme involves body corporate searches and records to review, which adds to the work compared with a standard freehold house. The difference is usually modest, and a good quote will reflect the property type.
This article is general information only and not legal advice, and it does not contain a quote or an estimate of the firm’s fees. It refers to the Legal Profession Act 2007 (Qld) and the Duties Act 2001 (Qld), which can apply differently depending on your circumstances. Costs and government charges change over time. Contact Fraser Lawyers for advice and a costs disclosure specific to your matter.
If you would like to discuss your matter, you can book a consultation or call (07) 5554 6116.
