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When buying or selling property in Australia, you’ll often hear the terms “conveyancer” and “solicitor” used interchangeably. However, while both professionals can handle your property transaction, there are some key differences to consider. Conveyancing is a specific legal process involved in transferring property ownership from one party to another, which can be performed by either a licensed conveyancer or a solicitor.
A conveyancing solicitor is a lawyer who specialises in property conveyancing, while a licensed conveyancer is a professional who focuses solely on property transactions. The main distinction lies in their scope of expertise and the range of services they can offer.
In this article, we’ll explore the similarities and differences between conveyancers and solicitors in the Australian property market, helping you make an informed decision about which professional is best suited for your specific property transaction needs.
Solicitor is a title given to a qualified legal practitioner who may provide advice and assistance on legal matters for a client. Solicitors are qualified lawyers who provide advice and represent clients in legal matters in various courts, tribunals and other dispute resolution forums. Solicitors are regulated by law, and they have to complete a degree-level qualification in order to work as a solicitor.
Conveyancers and solicitors work together to ensure a smooth transition of ownership of a property. While conveyancers are responsible for the administrative tasks and legal implications of a transaction, solicitors play a key role in ensuring the legal aspects of the transaction are completed correctly. In most cases, the conveyancing process begins with the conveyancer contacting the solicitor to request a ‚Äúconveyancing quote‚Äù, which outlines the solicitor’s fee for completing the transaction.
Once the conveyancer has received the conveyancing quote, they can then decide whether to proceed with the transaction or not. Once the conveyancing transaction is completed and the new owner has been identified, the conveyancer will forward the solicitor’s fee to their offices, where the payment is processed and a copy of the completed documents are sent to the conveyancer.
A conveyancer is responsible for a number of tasks during the conveyancing process, including:
– Assisting with the preparation of the contract of sale
– The conveyancer typically assists with the preparation of the contract of sale, which is the contract between the seller and the buyer. It details the sale price, details of the property, any additional clauses and the date of settlement.
– Legal searches
– Conveyancers carry out legal searches to ensure that there are no outstanding or legal issues with the sale of the property. For example, the conveyancer may carry out a search against the land register to check for any charges that may be relevant, such as an unpaid mortgage.
– Identifying the owner of the title of the property
– The conveyancer identifies the owner of the title of the property, which is usually a bank or mortgage lender who has a stake in the property.
A solicitor plays a key role in the conveyancing process by drafting the necessary documents, such as the contract of sale and the transfer of title. They also assist with the legal implications of the transaction, such as ensuring the transaction is completed according to the law. The solicitor also assists with the completion of any legal searches, such as a search against the land register and a search of rights available under the Building Act.
When searching for a conveyancer or solicitor, you should always ensure that they are qualified and hold a current practising certificate. Whilst this is a basic requirement for anyone working in the conveyancing industry, it is important to also consider their experience, reputation and how they operate. You should also ask them about their billing practices and look for any client reviews or feedback online.
You should also keep in mind that a solicitor is not the same as a conveyancer. A solicitor is a legal professional who provides advice and assistance on legal matters. A conveyancer, on the other hand, is a licensed agent who assists with the administrative parts of the conveyancing process, such as legal searches. They also assist with the legal implications of the transaction, such as ensuring the transaction is completed according to the law.
A conveyancing transaction has significant legal implications, which is why it is important to use a licensed conveyancer or solicitor to complete the transaction. The following legal implications typically apply to conveyancing transactions:
– Property ownership
– Conveyancers must ensure that the parties involved in the transaction own the title to the property. For example, if two people are purchasing the same property, then one person must sell their title to the other person.
– Property transfer
– Conveyancers must ensure that the transfer of the title of the property is completed correctly, such as with the execution of a conveyancing deed.
– Property search
– Conveyancers must ensure that no legal issues exist with the title of the property to ensure it is free of defects.
– Property transfer tax
– Conveyancers must ensure that the appropriate amount of property transfer tax is paid, if applicable.
To ensure that the conveyancing process is completed smoothly, you should use a licensed conveyancer or solicitor. Choosing a professional who is qualified and experienced in the field can help to reduce the risk of any potential legal issues. They will also be able to assist with any additional legal implications of the transaction, such as a search against the land register to ensure no charges exist against the property.
It is also important to keep the lines of communication open when working with a conveyancer or solicitor. If you have any questions or concerns about the transaction, you should feel free to speak up and discuss them with the legal professional. Likewise, if you notice anything that is out of the ordinary, such as an unfamiliar person entering the property, you should speak up as soon as possible.
Using a licensed conveyancer and a solicitor to complete your conveyancing transaction has numerous benefits, including:
– A smooth and seamless transition of ownership of the property
– A licensed conveyancer and solicitor has access to the necessary resources and expertise to complete the transaction in a timely manner. This means that you will not have to wait long to transfer ownership of the property.
– A reduction in the risk of potential legal issues
– A licensed conveyancer and solicitor has access to the necessary resources and expertise to perform a legal search to identify any potential issues with the title of the property and resolve them before the transaction is completed.
– A reduction in stress
– Using a licensed conveyancer and solicitor to complete your transaction can reduce stress as you do not have to worry about the legal implications of the transaction or completing the transfer of title correctly.
There are several risks associated with not using a licensed conveyancer and solicitor to complete your transaction, including:
– An increased risk of fraud
– If you do not use a licensed conveyancer and solicitor to complete your transaction, you risk falling victim to fraud. Fraudsters often target homeowners who are looking to buy or sell their property, as there is a large amount of money involved. By not using a licensed conveyancer and solicitor, you are increasing the risk of falling victim to fraud.
– A delay in completing the transaction
– If you do not use a licensed conveyancer and solicitor to complete your transaction, it could take significantly longer to complete the transaction, as you will have to deal with any legal issues that arise.
To realise your property dream, contact our rockstar conveyancing team today.
Conveyancing is the legal process of transferring ownership of a property from one person to another. This process involves drafting and reviewing legal documents, conducting title searches, and ensuring that all legal requirements for the transfer of ownership are met. Conveyancers are professionals who specialize in this process and can assist with buying, selling, or transferring property.
A solicitor is a qualified legal professional who is trained and qualified to provide a wide range of legal services. This includes providing legal advice, representing clients in court, drafting legal documents, and assisting with the buying and selling of property. Solicitors are also qualified to practice in other areas of law, such as criminal law, family law, and commercial law.
While conveyancers and solicitors both assist with the buying and selling of property, their roles are different. Conveyancers specialize in the legal process of transferring ownership of a property and are typically only involved in this process. Solicitors, on the other hand, are qualified to provide a wider range of legal services and may also be involved in other areas of law.
Yes, a solicitor can also be a conveyancer. Many solicitors choose to specialize in conveyancing and are qualified to assist with the buying, selling, and transferring of property.
It depends on your specific needs and the complexity of your property transaction. If you only require assistance with the legal process of transferring ownership of a property, a conveyancer may be sufficient. However, if you require legal advice or representation in court, a solicitor may be more appropriate. It’s also worth noting that in some states and territories, only solicitors are allowed to handle the property transactions.
No, conveyancers are not qualified to represent clients in court. If you require legal representation in court, you will need to engage a solicitor.
Conveyancers may provide general information on the legal process of transferring ownership of a property, but they are not qualified to provide legal advice. If you require legal advice, you will need to engage a solicitor.
NSW Conveyancing Licence No. 06003420
VIC Conveyancing Licence No. 002111L
