Buying a home is one of the biggest decisions you will ever make, yet the process can feel overwhelming, especially if it is your first time. Many buyers are unsure about the difference between a real estate agent, a solicitor, and a conveyancer, and who they actually need at each stage.
In Queensland, these roles are distinct. Understanding them helps you protect your interests, avoid costly mistakes, and ensure your contract and settlement run smoothly.
This guide breaks down each professional’s role and clarifies how they fit into the typical homebuying journey.
Quick Comparison: Who Does What?
| Role | Who They Work For | What They Do | What They Do Not Do |
|---|---|---|---|
| Real Estate Agent | The seller | Markets the property, provides information about the home, facilitates inspections, manages offers and negotiations | Provides legal advice, act for the buyer, review contracts for risks |
| Solicitor | The buyer | Reviews the contract, provides legal advice, manages searches, handles negotiations on conditions, manages settlement | Markets properties, give financial or taxation advice, choose homes for you |
| Conveyancer | The buyer in other states. In Queensland the function is usually carried out by solicitors | Prepares and manages conveyancing steps, checks documentation, liaises with parties to progress to settlement | Provides broader legal advice outside conveyancing, negotiate contracts beyond their licence |
In Queensland, conveyancing is generally handled by solicitors because the work often requires legal advice and the ability to manage complex contract issues.
What Does a Real Estate Agent Do?
Real estate agents represent the seller. Their obligations are focused on marketing the property and achieving the best price for their client.
For buyers, the agent’s role typically includes:
- Showing available properties and answering questions about the home
- Providing access to inspections and open homes
- Facilitating offers and communication with the seller
- Presenting counteroffers and managing negotiations
It is important to note that although agents often help buyers navigate the process, they do not provide legal advice and do not act in the buyer’s legal interests. This is where a solicitor becomes essential.
What Does a Solicitor Do?
A solicitor is the buyer’s independent legal representative. The solicitor ensures the contract is fair, your rights are protected, and the property can be transferred legally and without hidden risks.
In Queensland, your solicitor will:
- Review the contract before you sign and advise on unusual clauses, risks, and recommended amendments
- Explain your legal rights and obligations including cooling off rights, finance conditions, building and pest timeframes, and special conditions
- Order and interpret searches such as rates, title, zoning, flooding, contaminated land, and encumbrances
- Liaise with your lender, the seller’s solicitor, and the agent
- Manage settlement including financial adjustments and preparing for electronic settlement
- Ensure compliance with Queensland legislation including stamp duty requirements
A solicitor safeguards your interests throughout the entire transaction from pre contract review to settlement.
What Does a Conveyancer Do?
In states like New South Wales and Victoria a conveyancer manages the paperwork, searches, and administrative steps of the transaction.
However, in Queensland, conveyancing work is predominantly carried out by solicitors because:
- Conveyancing often requires legal advice about contract terms, risks, and legislative requirements
- Only solicitors can provide full legal advice
- Many Queensland contracts are time sensitive and legally complex
If you hire Bickell & Mackenzie, you are engaging a qualified solicitor who performs both the legal advisory and conveyancing functions.
How These Professionals Fit Into the Buyer Journey
The timeline is straightforward.
1. You Start With the Real Estate Agent
You inspect properties, ask questions, and receive a contract if you wish to make an offer.
2. Before Signing, You Engage a Solicitor
Your solicitor reviews the contract and advises on risks, amendments, and conditions. This step is critical in Queensland because once signed, contract timeframes start quickly.
3. After Signing, Conveyancing Work Begins
Your solicitor manages:
- Searches
- Critical dates
- Negotiations on issues arising from building and pest inspections
- Settlement preparation and financial adjustments
4. Settlement
Your solicitor finalises the transfer, ensures funds are correct, and confirms that the property becomes legally yours.
What Can Go Wrong Without the Right Professional?
Without a solicitor:
- You may miss defects or unfavourable contract terms
- You may purchase a property with undisclosed risks such as flooding, encumbrances, illegal structures, or contaminated land
- You risk missing deadlines, voiding conditions, or losing your deposit
Relying solely on the agent:
- The agent cannot give legal advice and represents the seller’s interests
- You may assume protections that the contract does not provide
Using a conveyancer instead of a solicitor in Queensland:
- You may be unable to obtain full legal advice when something goes wrong
- You risk delays or inadequate handling of unexpected issues
Buying a home is too significant to navigate without clear legal protection.
In Summary: Who Do You Really Need?
In Queensland:
- You will interact with real estate agents during your property search
- You should engage a solicitor before signing any contract
- Your solicitor will then handle all conveyancing and legal aspects through to settlement
This combination gives you full legal protection at every step.
Protect Your Purchase With Bickell & Mackenzie
Buying a home is exciting, but it is also a legal transaction with strict rules, deadlines, and potential risks.
At Bickell & Mackenzie, we provide clear and practical guidance from contract review through to settlement, ensuring your purchase is protected and stress free.
If you are considering making an offer or already have a contract in hand, contact our team today for timely legal advice.
