Are you currently trying to decide between hiring a conveyancer and a property solicitor? Are you wondering what the difference between the two might be? Although there are similarities between the two, there are also some key differences. Have a read to find out what would best suit you and your property transaction!
What is a conveyancer?
A conveyancer is an individual that is licensed to prepare all documentation related to a property transaction and provide advice about the transfer. A conveyancer does not hold a legal qualification and is not a legal practitioner. They possess general knowledge on the relevant laws and procedures.
What is a property lawyer?
A property solicitor is a legal practitioner, that holds a current practising certificate, licensed to prepare all conveyancing related documentation and provide advice on all property law related matters. Solicitors who engage in conveyancing are often known as ‘conveyancing solicitors’. If you are looking to engage a representative for a property transaction in Queensland or ACT, a property solicitor must be used.
What’s the difference?
You might be wondering what the difference is between the two if they both provide the same services. Whilst both are licenced to carry out your transaction, a property solicitor is able to provide legal advice whereas a conveyancer is restricted from doing so. This is particularly helpful where potentially complex issues arise from your transaction.
A solicitor will also be able to professionally navigate and educate clients on issues such as inclusion of unfair contract terms. They are also qualified to advocate on a client’s behalf in case of conflict, lack of cooperation, communication or unwillingness to uphold contract terms from the other party due to their expertise in navigating the legislation. These issues are surprisingly more common than you’d think! Most of these matters are beyond a conveyancer’s qualifications, thus engaging a solicitor could benefit you where your transaction is not ‘standard’ or if you have additional concerns regarding your contract of sale.
When dealing with complex or unusual transactions, or to ensure any curly issues are dealt with as part of the service being provided to you, contact our lawyers at W Legal Group. We are a team of qualified property lawyers providing a fixed-fee package so you can rest assured that any legal concerns regarding your transaction can be addressed. Reach us at hello@wlegalgroup.com.au or 03 9590 6180.
