When to use a property lawyer vs conveyancer
In Australia, both conveyancers and property lawyers (also known as solicitors who practice property law) are authorised to handle property transactions (otherwise known as conveyancing). This arrangement is typical in NSW and throughout most of Australia with the exception of Queensland. In QLD, only solicitors are allowed to do conveyancing; no separate conveyancer profession exists.
There are numerous similarities between the two professions but a number of distinct differences that are worthwhile considering.
Conveyancers
Conveyancing refers to the process of legally transferring property ownership between two parties. The conveyancing process involves a number of steps, including;
- Reviewing the contract of sale to ensure it reflects their client’s best interests.
- Completing property searches to identify any potential issues with the property.
- Verifying the Certificate of Title to confirm the seller has the right to sell.
- Preparing legal documentation for the transfer and lodging them with the appropriate authorities.
- Calculating financial adjustments for rates, taxes and other expenses.
- Managing payments and funds for completion.
- Overseeing the property settlement including title transfer and registration.
Throughout this process a conveyancer maintains communication with their client. Additionally, they liaise with real estate agents, financial institutions and other parties involved in the property transaction.
Conveyancers are tightly focussed on only the processes of property transfer and are not allowed to provide general legal advice. They are also typically unable to handle more complex property law matters or transactions. Because of this, however, they tend to be a more cost-effective option.
Conveyancers are regulated by state licensing bodies. As such, they are only authorised to operate in the states for which they are licensed. In NSW, the Department of Fair Trading is responsible for issuing licenses to eligible conveyancing professionals.
Pros
- Very narrow focus on property conveyancing only.
- Typically more cost effective when property deals fall within this focus.
Cons
- Cannot advise on general legal matters.
- Only operate in the state they are licensed in.
Property Lawyers (Property Solicitors)
A property lawyer is able to complete all the same tasks as a conveyancer, however, they can also deal with more complex or general legal matters.
In the area of property law this can include;
- Wills and estates. Managing probate and any property transfers required as part of a will or deceased estate.
- Drawing up of property trust deeds (or other trust deeds for that matter).
- Handling the complex legal and administrative steps of subdividing land allotments.
- Lease agreements. Drawing up of lease contracts, including commercial lease agreements.
- Commercial property transactions. Completing more complex commercial property transfers.
- Court appearances. Representing their client in court for any property related (or other) matters.
A qualified solicitor is also authorised to provide general legal advice across a range of areas not restricted to property law only. For example, this could involve a family law matter in which property ownership is an issue, amongst other potential circumstances.
In all states and territories, law graduates first have to be admitted to the roll of lawyers by their respective Supreme Court. Upon admission to the Supreme Court Roll they are then able to register as solicitors through the Law Society of NSW to obtain their practicing certificate. They may also practice in other states by gaining admission to the Supreme Court Roll of that state.
To practice in a federal or territory court they need admission to the Federal Supreme Court. The Federal Supreme Court is better known as the High court of Australia.
Pros
- Capable of managing more complex property law matters.
- Authorised to provide general legal advice.
- Can handle legal matters across state boundaries.
Cons
- Can be more expensive than conveyancers.
GP Legal – Dee Why Property Lawyers Northern Beaches
GP Legal are Northern Beaches property lawyers based in the Sydney suburb of Dee Why. Additionally, we have our own in-house conveyancer based from our Sydney Penrith office.
If you are buying or selling, or need assistance with a property transaction of any kind, please contact us.