Solicitors Versus Conveyancers

A conveyancer is a solicitor that just deals with property, right? Wrong! 

By ROB WALMSLEY

The two are different and it is important to have the right one on your team to avoid paying too much while still getting the advice you need.

Buying property is one of the biggest decisions most of us will make in our lifetime – it’s something you want to get right.

Every Australian state and territory has different laws, forms, regulations, and taxes associated with purchasing property, so having either a solicitor or a conveyancer will help the whole process run smoothly.

A property purchase is one of the biggest financial commitments a person can make, so it is therefore important to have professional advice about what you are buying.

Solicitors and conveyances are familiar with all of the procedures and, while it may seem to be just paperwork, when you are not familiar with all of the procedures, it can be very time consuming.

For a straightforward property purchase, a conveyancer can do the job. Their main responsibilities include giving advice and information about the sale of property, preparing documentation and conducting any settlement processes.

Although there is a licensing process for conveyancers, they do not have to be legal professionals. As a result, they are cheaper to hire. However, they can only provide information relating to property, so if you have additional legal questions, you might have to search elsewhere.

Conveyancers must cease to act for a person as soon as the matter moves beyond conveyancing. When this happens, the conveyancer must refer you to a solicitor for advice.

While conveyancers are limited to advising on your property purchase, solicitors can provide you with a wide range of legal advice in addition to your conveyancing needs, which may be necessary if your property transaction isn’t straightforward.

If there are other matters that affect the transaction like family law, asset protection, asset structuring, tax law or estate planning, you will not be able to receive advice from a conveyancer. If things get complicated, you will need to get a solicitor’s advice. That said, in 99% of cases, a conveyancer will suit.

For more information or the name of a solicitor or conveyancer, contact me on 0402 203 303 or [email protected]

“A conveyancer is a solicitor that just deals with property, right? Wrong! “

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