Conveyancers vs Solicitors: What’s the Difference and Which One Do You Need?
When you're buying or selling a property in Australia, it's important to know the difference between conveyancers and solicitors. This blog post will help you decide who to go with for your next property transaction!
When you’re buying or selling a property in Australia, there are a few key people that you need on your side to make sure the conveyancing process goes as smoothly as possible. These people are called conveyancers and solicitors. But what’s the difference between them? And which one do you need for your conveyancing needs? In this blog post, we will answer those questions and help you decide who to go with for your next property transaction!
What does a conveyancing solicitor do?
A conveyancing solicitor is a lawyer who specialises in property conveyancing. They can act on the behalf of either the buyer or the seller, and their role involves carrying out all of the legal processes involved in transferring a property title from one person to another. This includes organising legal documents like contracts, preparing letters and forms, dealing with banks and lenders, and resolving any conveyancing disputes.
What is the role of a licensed conveyancer?
Licensed conveyancers are not lawyers, but they will be familiar with all of the legal processes involved in buying or selling a property. They will help you understand the conveyancing documents and make sure that everything is up to date with the title of your property, such as any property transfers or changes in ownership. Their main role is to act as a middleman between the buyer and seller during property transactions.
What’s the difference between a conveyancer and solicitor?
The key difference between conveyancers and solicitors is that conveyancers are licensed to handle conveyancing law only, while solicitors have a broader knowledge of property law and provide additional legal services including conveyancing. Both must have professional indemnity insurance (PII). If you need advice on other property legal matters, such as leases, mortgages and conveyancing disputes, then you will need to hire a solicitor who is able to take care of the legal work for you.
A good solicitor will advise on legal matters which may relate to the property transfer but go beyond the Conveyancers Licensing Act of 2003. This could include financial and tax implications, like capital gains tax or property settlements in the case of divorce.
In general though, licensed conveyancers are more cost-effective than solicitors when it comes to a conveyancing matter. Conveyancers have a narrower focus and specialist knowledge in conveyancing law, so they may be better able to provide tailored advice for you. In terms of property inspections, conveyancers will also be able to help you identify and deal with any issues and communicate them with your vendor.
However, a conveyancer has certain limitations when it comes to the helping you with your property transfer. While conveyancers can offer advice, their expertise and knowledge may be limited compared to that of a solicitor. They are not legally qualified to provide legal advice, draft conveyancing documents or represent clients in court. Furthermore, conveyancers cannot act as independent witnesses in property transactions.
Therefore, it is important to understand the difference between a conveyancer and a solicitor when selecting a professional to handle conveyancing matters. Conveyancers may be more cost-effective and specialise in conveyancing law, but they have certain limitations that should be taken into consideration before making your decision. If you need legal advice or representation on conveyancing matters, a solicitor may be the better choice. Ultimately, you should select the professional who can best meet your conveyancing needs.
You can do it yourself, but without the protection of professional indemnity insurance that these officials have, it can be risky.
Why do you need a solicitor conveyancer on your side?
When you’re selling a house, it’s important to have a solicitor on your side. A property lawyer will conduct the conveyancing process for you to make sure all legalities are taken care of and that the paperwork is completed correctly from start to settlement. They will be able to provide advice on property laws as well as any legal issues that may arise during the property transfer process. The settlement process can also be complex so it's important to have a solicitor experienced in property law to ensure a smooth property settlement.
How much does conveyancing cost?
Conveyancing costs and fees can vary depending on the complexity of your conveyancing case. Generally, conveyancers will charge an hourly rate for their services. At State Law Group we offer fixed-fee conveyancing services so contact us today for further information.
What are the steps in the conveyancing process?
- The first step is to engage the services of a licensed conveyancer or solicitor.
- The second step is to obtain a copy of the contract of sale. This document will outline the terms of the sale, including the property purchase price and any special conditions that apply to the property.
- The third step is to carry out due diligence on the property. This includes ensuring that there are no outstanding debts or liens on the property, and that all required planning approvals have been obtained through the necessary searches.
- The fourth step is to exchange contracts with the seller. Once both parties have signed the contract, they are legally bound to complete the sale.
- The fifth and final step is to settle the property transaction. This involves paying the balance of the property purchase price and then completing the property transfer into the buyer’s name.
How Long Does the Process Take?
The conveyancing process can take anywhere from a few weeks to several months, depending on the complexity of the transaction. It is important to be patient and to allow your solicitor or conveyancer to work at their own pace to ensure that everything is done correctly.
How to find the right solicitor or conveyancer for you
When it comes to choosing solicitors and conveyancers, it's important to find a team that you can trust. After all, they will be responsible for handling your most precious assets. But how do you know if a particular firm is the right fit for you? Here are a few key things to look for:
Ask your friends, family, and colleagues if they have any recommendations for good solicitors and conveyancers in your area. Once you've compiled a list of potential firms, take the time to read online reviews to get a better idea of their level of service.
2. Experience with complex legal matters
Make sure that the solicitor or conveyancer you're considering have the relevant expertise in dealing with the type of property you're buying or selling. For example, if you're selling a commercial property, you'll want to make sure that your solicitor has experience in dealing with commercial properties.
When you're dealing with something as important as your property, you want to work with a team of lawyers who you can trust. Make sure that you feel confident in the ability of the lawyers you're considering to get the job done.
Make sure that the solicitor or conveyancer you're considering are conveniently located and easy to contact. You should be able to get in touch with them easily, and they should be available to meet with you at a time that suits you.
5. The Legal Fees
When you're choosing a solicitor or conveyancer, it's important to consider the legal fees. Make sure that you understand the fee structure and that you're comfortable with the fees charged.
Choosing the right conveyancing solicitor is an important decision, so make sure that you take your time and choose a team that you can trust.
Schedule a Free Consultation with State Law Group
State Law Group is a full-service law firm that focuses on helping people in New South Wales and Queensland with all their legal needs.
You can consult one of our conveyancing solicitors with offices in Cabramatta, Sydney, Liverpool, and several other convenient locations to discuss your property development and conveyancing needs. Do not hesitate to schedule a consultation if English is not your primary language – we have lawyers who are fluent in Arabic, Assyrian, Chaldean, Greek, Hindi, Thai and Vietnamese.
Contact State Law Group today for further information and to schedule a free consultation for your personal injury claim.