Electronic Property Settlements NSW: How They Work

Lawyer reviewing property contract, legal advice for Sydney buyers.

Property settlement is the final stage of buying or selling a property. It is when the purchase funds are transferred, the property changes legal ownership and the relevant documents are lodged with NSW Land Registry Services.

In the past, settlement required representatives from the buyer, seller and their financial institutions to meet physically and exchange paper documents and bank cheques. Most NSW property settlements are now completed electronically through a secure eConveyancing platform.

Although the transaction happens online, buyers and sellers do not need to manage the digital settlement themselves. Their conveyancing lawyers, conveyancers and financial institutions complete the required legal and financial steps on their behalf.

This article explains how electronic property settlements work in NSW, what happens on settlement day and what can cause a settlement to be delayed.

What Is an Electronic Property Settlement?

An electronic property settlement, also called a digital settlement or eConveyancing, is the online completion of a property transaction.

Lawyers, licensed conveyancers and financial institutions use an approved Electronic Lodgment Network Operator, commonly called an ELNO, to prepare documents, arrange the distribution of funds and lodge property dealings electronically.

PEXA and Sympli are registered Electronic Lodgment Network Operators in NSW. The platform used for a particular transaction will depend on the representatives and financial institutions involved.

Since 11 October 2021, land transactions requiring lodgement with NSW Land Registry Services have generally been required to be completed electronically. Limited exemptions may apply where a transaction or title is unsuitable for electronic lodgement.

The NSW Office of the Registrar General describes eConveyancing as a more efficient, accurate and secure way to conduct the settlement and lodgement stages of a conveyancing transaction.

Does Electronic Settlement Replace a Conveyancing Lawyer?

Electronic settlement changes how a transaction is completed, but it does not remove the need for legal conveyancing work.

The digital platform facilitates the transfer of funds and electronic lodgement of documents. It does not review the contract, investigate the property or provide legal advice.

A conveyancing lawyer’s role may include:

  • Reviewing and advising on the Contract for Sale
  • Conducting property and title searches
  • Negotiating amendments to the contract
  • Explaining the buyer’s or seller’s legal obligations
  • Checking settlement dates and contract conditions
  • Communicating with the other party’s representative
  • Liaising with banks and lenders
  • Preparing settlement adjustments
  • Confirming the funds required for settlement
  • Preparing and checking electronic documents
  • Attending to electronic settlement
  • Confirming that settlement has been completed

The legal preparation begins well before the electronic workspace is ready for settlement.

What Happens Before an Electronic Settlement?

A series of legal, financial and administrative steps must be completed before the transaction can settle.

1. The parties are invited into a digital workspace

A secure online workspace is created for the transaction. The buyer’s and seller’s legal representatives join the workspace, together with the incoming and outgoing financial institutions where applicable.

Each participant can complete the tasks relevant to their role. Buyers and sellers do not ordinarily need to open or operate their own account on the platform.

2. The parties’ identities are verified

A conveyancing lawyer or conveyancer must take reasonable steps to verify their client’s identity.

Verification of identity is an important safeguard against property fraud and unauthorised transactions. The documents required will depend on the client’s circumstances but commonly include an Australian or foreign passport, driver licence, birth certificate or other approved identity documents.

The representative must also take reasonable steps to establish the client’s right to deal with the property. For a seller, this generally means confirming that the person instructing the lawyer has the legal right to sell the property.

3. The client provides authority to act

The buyer or seller must provide a Client Authorisation permitting their lawyer or conveyancer to act for them in the electronic transaction.

This authorisation allows the representative to perform specified tasks, which may include:

  • Signing electronic registry instruments
  • Lodging documents with NSW Land Registry Services
  • Completing the financial aspects of settlement
  • Providing the certifications required for electronic lodgement

This does not mean the lawyer can make decisions outside the client’s instructions. It provides the formal authority required to complete the authorised electronic steps.

4. Electronic documents are prepared

The parties’ representatives prepare and check the documents required to transfer ownership.

These may include:

  • The transfer
  • A discharge of mortgage
  • A new mortgage
  • Revenue NSW duty information
  • Any other documents required for the transaction

The buyer’s transfer duty must also be assessed and arrangements made for payment before the transfer can be registered.

5. Settlement figures are calculated

Before settlement, the buyer’s and seller’s representatives prepare the financial settlement statement.

The purchase price is adjusted to account for expenses and amounts associated with the property. Depending on the transaction, adjustments may be made for:

  • Council rates
  • Water charges and usage
  • Strata levies
  • Land tax, where applicable
  • Rent and tenancy-related amounts
  • Deposit funds already paid
  • Other amounts required under the contract

Adjustments are intended to ensure each party pays or receives the correct proportion of relevant property expenses as at the settlement date.

6. The buyer arranges settlement funds

The buyer must ensure sufficient cleared funds are available for settlement.

These funds may come from:

  • The buyer’s loan
  • The deposit already paid
  • The buyer’s own contribution
  • Any applicable concessions or approved assistance
  • Other authorised sources

The buyer’s conveyancing lawyer will usually provide a final amount required for settlement once the adjustments and financial information have been completed.

Funds should be arranged before the settlement deadline. A last-minute transfer into an account may not clear in time and could delay settlement.

7. The parties confirm readiness

Before settlement can proceed, the participants must complete and sign the documents relevant to their roles. The financial institutions must also confirm that the required funds and loan documents are ready.

The electronic platform conducts checks to identify missing information or inconsistencies. However, the parties’ representatives remain responsible for ensuring that the transaction is legally and financially ready to settle.

What Happens on Electronic Settlement Day?

On settlement day, the electronic workspace is scheduled for an agreed time.

If all participants are ready, the platform completes the financial settlement and lodgement process. This generally involves:

  1. Drawing the required funds from the nominated sources
  2. Distributing money to the seller, financial institutions and other authorised recipients
  3. Lodging the transfer and any related documents electronically
  4. Registering or submitting the discharge of an existing mortgage
  5. Registering or submitting the buyer’s new mortgage, where applicable
  6. Updating the land title records to reflect the new ownership

Settlement does not always occur at the exact scheduled minute. The workspace may need to move through an automated process or wait in a lodgement queue. A short delay does not necessarily mean there is a problem with the transaction.

Once completion is confirmed, the legal representatives notify their clients and the real estate agent. For a purchase, the agent can then be authorised to release the keys to the buyer.

When Does the Seller Receive the Money?

The seller’s proceeds are distributed according to the agreed electronic financial settlement schedule.

Money may be directed to:

  • The seller’s outgoing lender to repay and discharge the mortgage
  • The seller’s nominated bank account
  • Revenue NSW or another authority where an amount must be paid
  • The real estate agent for any authorised outstanding commission
  • Other recipients authorised as part of the settlement

The exact time the balance appears in the seller’s account can depend on the financial institutions and banking systems involved. Settlement may be complete even if the funds are not yet visible in the account.

When Can the Buyer Collect the Keys?

The buyer can ordinarily collect the keys after electronic settlement has been confirmed and the selling agent has received authority to release them.

Buyers should not arrange to collect keys, move into the property or schedule deliveries before receiving settlement confirmation.

Even where settlement is scheduled for the morning, unforeseen delays can occur. It is sensible to allow some flexibility when booking removalists, tradespeople or other services for settlement day.

What Can Delay an Electronic Property Settlement?

Electronic settlement reduces many paper-based administrative risks, but delays remain possible.

Common causes include:

  • A financial institution not being ready
  • Loan documents not being completed
  • Insufficient cleared funds
  • Incorrect banking or payment information
  • Outstanding transfer duty requirements
  • A discrepancy in the settlement figures
  • Missing or unsigned electronic documents
  • Problems discharging the seller’s mortgage
  • A change to the parties or transaction details
  • A title issue or unexpected dealing on the property
  • A problem identified during the final inspection
  • Technical issues affecting the platform, bank or land registry
  • One party failing to satisfy a contract requirement

Many issues can be resolved on the same day. However, if settlement cannot be completed, it may need to be rescheduled.

Whether a delay amounts to a breach of contract, and what consequences follow, will depend on the contract and which party caused the delay. Interest or other costs may become payable in some circumstances.

What Should Buyers Do Before Settlement?

When buying property in Sydney, settlement preparation begins well before the scheduled completion date.

  • Completing loan documents promptly
  • Responding to requests from their lawyer and lender
  • Making sure their contribution is available as cleared funds
  • Completing the final inspection
  • Arranging building insurance when required
  • Reviewing the final settlement figures
  • Avoiding major financial changes before the loan is advanced
  • Waiting for confirmation before collecting the keys

A final inspection is particularly important. It gives the buyer an opportunity to confirm that the property is in the condition required by the contract and that agreed inclusions remain at the property.

The final inspection is separate from the electronic settlement process. If a problem is discovered, the buyer should contact their conveyancing lawyer rather than attempting to resolve it directly with the seller or agent.

Buyers purchasing their first property can also read our first home buyer guidance for more information about contracts, finance, inspections and settlement.

What Should Sellers Do Before Settlement?

When selling property in Sydney, your lawyer will coordinate the legal documents, mortgage discharge, settlement adjustments and distribution of the sale proceeds. Sellers should:

  • Complete and return all requested documents
  • Provide mortgage details as early as possible
  • Ask their lender to prepare the mortgage discharge
  • Satisfy any contractual obligations
  • Remove belongings and rubbish where required
  • Leave agreed inclusions at the property
  • Provide keys and access devices to the agent
  • Confirm the bank account nominated to receive the proceeds
  • Be ready to vacate by the time required under the contract

Mortgage discharge arrangements should not be left until the final days before settlement. Banks can require time to process a discharge request and prepare for settlement.

Is Electronic Conveyancing Secure?

The NSW eConveyancing system operates within a regulated legal framework.

Participating lawyers, conveyancers and financial institutions must comply with requirements relating to:

  • Verification of identity
  • The client’s right to deal with the property
  • Client authorisation
  • Digital signing
  • Security controls
  • Record keeping
  • Retention of supporting evidence
  • Professional compliance

These controls are intended to reduce fraud and ensure that only authorised parties can complete electronic property transactions.

Clients must still be alert to payment-redirection and email fraud. Bank details should be verified using a trusted method before money is transferred. A request to send funds to a different account should never be accepted solely because it appears in an email.

Frequently Asked Questions

Usually not. The transaction is managed through the electronic platform by the parties’ lawyers, conveyancers and financial institutions.

PEXA is one Electronic Lodgment Network Operator used to conduct electronic property settlements. Electronic conveyancing refers to the broader online legal and financial process. Sympli is also registered to operate in NSW.ted.

No. The buyer’s authorised legal representative attends to the electronic settlement on the buyer’s behalf.

The electronic completion process may take a relatively short time once all participants are ready. However, the full conveyancing process leading to settlement usually takes several weeks, depending on the contract and transaction.

The workspace may be rescheduled for later that day or another date. The legal consequences depend on the contract, the reason for the delay and which party is responsible.

Property settlements are ordinarily scheduled during the operating hours available through the electronic platform and the relevant land registry and banking systems. The agreed time should be confirmed by the parties’ representatives.

The financial settlement and electronic lodgement processes are linked, but the transaction must still pass the required checks by the platform and the land registry. The buyer should wait for formal confirmation from their conveyancing lawyer.

Electronic conveyancing has made the financial and lodgement stages of NSW property transactions more efficient. However, a successful settlement still depends on accurate legal preparation, completed loan arrangements, verified documents and coordination between all parties.
Whether you are buying or selling property in Sydney, your conveyancing lawyer can prepare the transaction, calculate the settlement figures, liaise with the financial institutions and complete the electronic settlement on your behalf.

Eastside Legal assists buyers and sellers throughout the NSW conveyancing process, from reviewing the contract through to electronic settlement. Explore our Sydney conveyancing services or contact our property conveyancing lawyers before signing a contract or if you need advice about an upcoming settlement.

This article provides general information only and does not constitute legal advice. The requirements and potential consequences of settlement delays depend on the contract and the circumstances of the transaction.

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