Buying in Wollongong When You're Moving From Sydney: A Conveyancer Interview With Daniel Simonetta
Updated: 36 minutes ago
Most people moving to Wollongong from Sydney spend weeks choosing a suburb and about five minutes thinking about the contract.
That is backwards.
The suburb is a lifestyle decision, but the contract is the legal commitment, and it is where much of the real risk lies.
I'm Joel Hynes, founder of The Shoreline Agency, a buyers-only agency in the Northern Illawarra. I moved down from Sydney's Northern Beaches myself, and I act only for buyers, so I'm paid by the buyer, not by anyone selling.
I'm not a lawyer or a conveyancer, so for this guide I sat down with someone who is: Daniel Simonetta of CONVEII, a licensed conveyancer who runs every matter personally, to ask what he actually checks and what relocators get wrong.
Meet the Conveyancer: Daniel Simonetta, CONVEII
Daniel's background:
Licensed conveyancer (NSW Licence No. 06003288), legal consultant and NSW Justice of the Peace
Founder of CONVEII, with offices in Wollongong and Coledale
Works with first home buyers, investors, off-the-plan buyers and law firms that need overflow support
Runs each matter personally from start to finish
The Interview
Q1) Daniel, what does a conveyancer actually do for a buyer, and why not just sign what the agent sends?
Daniel: A conveyancer protects your legal interests in the purchase. That means reading the contract and the searches, spotting risks, advising you in plain English, negotiating changes where needed, and managing exchange and settlement. The agent works for the seller, so their paperwork is built to protect the seller.
Q2) When should a relocator contact you: before the open home, before the offer, or after?
Daniel: Before the offer, and ideally before you have fallen for a specific property. Once you are emotionally committed, it is much harder to walk away or push for changes.
Q3) A lot of my clients are in Sydney while they are buying here. Does that change what you do?
Daniel: The process is the same, but the speed and the communication matter more. Contracts can be reviewed and signed electronically, identity verification can be done remotely, and settlement is on PEXA, so you do not need to be in Wollongong for most of it.
What You Check in the Contract
Q4) Walk me through what you read first when a contract comes in.
Daniel: The front page, title search, easements and covenants, the Section 10.7 planning certificate, the water and sewer diagram, the special conditions, and what is included in the sale. I am looking for anything that restricts what you can do with the property, or that could cost you money later or leave you exposed to unnecessary risks.
Q5) What are the contract traps you see most often in the Illawarra?
Daniel: Unapproved structures such as decks, pergolas, and garage conversions; easements that limit where you can build; and hazard notes on the planning certificate, such as flooding, landslip, bushfire, or coastal risk. You can use them to negotiate a better deal. After exchange, it is much harder as your leverage is weak.
Buyer's agent's note (Joel): This is why I send the contract for review before my client makes an offer. A hazard note or an unapproved structure can change the price, the insurance and the finance, so it needs to be part of the decision, not a surprise after exchange.
Q6) What about units and townhouses?
Daniel: For strata properties, I also strongly recommend obtaining a strata inspection report to review the levies, the capital works fund, and any special levies that have been proposed or are likely, because those can be significant.
Exchange, Cooling-Off and Auctions
Q7) Explain exchange and cooling-off in plain terms.
Daniel: Exchange is when the contract becomes legally binding. On a private treaty sale, there is normally a 5-business-day cooling-off period, during which you can walk away, but you forfeit 0.25% of the purchase price. There is no cooling-off period at auction.
Q8) When would you ever advise a client to waive the cooling-off period?
Daniel: Only when finance is unconditionally approved, the searches are done, and the inspections are complete, and only after we have talked it through. A Section 66W certificate makes the purchase unconditional immediately once served on the vendor's solicitor.
Q9) Auctions are where I see relocators get nervous. What do you want done before the day?
Daniel: Contract reviewed, searches done, inspections done and finance approval, all before bidding day. The contract is binding when the hammer falls. A conditional pre-approval is not enough to rely on.
Buyer's agent's note (Joel): My side of that is the walk-away number. We set it in advance, and we stick to it, because auction is the one place where emotion and a binding contract meet at speed.
Costs, Money and Settlement
Q10) What costs do relocators forget to budget for?
Daniel: Stamp duty, which is due within three months of exchange or at settlement, whichever comes first. Council and water adjustments. Disbursements such as searches, PEXA fees and identity verification. Insurance. And the deposit, which is normally due at exchange, often before sale proceeds from your Sydney home are available.
Q11) Do first home buyer concessions apply to someone who already owns in Sydney?
Daniel: No, because the First Home Buyers Assistance Scheme is for first home buyers. It is worth checking the current eligibility rules on the Revenue NSW website before you assume anything. It is a requirement that neither you nor your spouse have ever owned property in Australia.
Q12) What happens on settlement day, and what do I need to do?
Daniel: Settlement happens electronically on PEXA. Your conveyancer coordinates with the other side and both banks; the funds move, and the property title is transferred to your name. Before that, you should do a final inspection in the days leading up to settlement to check the property is in the same condition and the inclusions are still there.
Choosing Your Conveyancer
Q13) How can a buyer check that a conveyancer is properly licensed?
Daniel: Use the Service NSW conveyancer licence check or the Verify NSW licence register. You can see the licence type, expiry date and any disciplinary history. CONVEII holds registered NSW conveyancing Licence No. 06003288.
Q14) Conveyancer or solicitor: how does a buyer decide?
Daniel: Both are qualified to handle a NSW property transfer. What is more important is whether the conveyancer or solicitor has extensive experience and skill at reviewing contracts, negotiating changes and giving detailed advice.
A conveyancer only does conveyancing, so is likely more experienced at completing a residential purchase.
For anything more complex, a solicitor may be the right choice provided they have the appropriate experience in commercial purchases, for example. We cover this in more detail in our conveyancer or solicitor article.
Q15) How should a conveyancer and a buyer's agent work together?
Daniel: Directly. If I need to know that an offer is coming, or Joel needs to know what is in the contract, we talk. The buyer should not be the messenger.
The Key Takeaways From the Interview With Daniel
Treat the contract as the main decision, not the paperwork. The suburb is lifestyle; the contract is the legal commitment.
Get the contract reviewed before you make an offer. It is easier to negotiate before you are emotionally committed.
Read the hazards and the structures. Easements, covenants, unapproved structures and planning certificate hazard notes can change the price and your plans.
For units, check the strata report. Levies and special levies can be significant.
Know your cooling-off position. Private treaty gives you 5 business days; you forfeit 0.25% if you rescind, and there's no cooling-off at auction.
Only waive cooling-off with unconditional finance and completed checks. Do not rely on a conditional pre-approval.
Budget for the costs people forget. Stamp duty, adjustments, disbursements and a deposit due before your Sydney proceeds land.
You can do most of it remotely. Plan for a final inspection before settlement.
Check your conveyancer's licence. Use Service NSW or Verify NSW.
The Shoreline Agency
If you are still working out where in the Wollongong region to buy, The Shoreline Agency is a buyers-only agency in the Northern Illawarra. CONVEII has also published a companion interview with me: Moving to Wollongong From Sydney: A Buyer's Agent and Conveyancer Interview.
For where to live, see my Moving from Sydney to the Illawarra guide and the Illawarra suburb guides.
To talk through your move, book a call with me. If you already have a contract, talk to CONVEII before you make an offer. CONVEII also has a free buyer's guide so you can familiarise yourself with the buying process.
Disclosure: The Shoreline Agency and CONVEII collaborated on this article and a companion piece. We receive no referral fee or other payment, and you are free to use any buyer's agent or conveyancer you choose. This article is general information and not legal, financial or mortgage advice.
About the author: Joel Hynes is the founder and director of The Shoreline Agency, a buyers-only agency in the Northern Illawarra (NSW Real Estate Licence No. 20539275). He relocated from Sydney's Northern Beaches and has owned investment property for over 20 years.
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