Choosing between conveyancers vs solicitors
It can be hard choosing between a conveyancer vs solicitor. Purchasing or selling a property is a significant financial decision and involves complex legal processes.
There are various stages, each requiring careful attention to detail and adherence to legal regulations. Some of these include contract preparation, contract review, property searches, exchange of contracts, cooling-off periods, financing and loan contracts, and mortgages and final settlements, among others.
Errors or oversights during these stages can result in financial loss, legal disputes, and a great deal of stress.
Time for a conveyancer or solicitor
This is when conveyancers and conveyancer solicitors/property lawyers come into the picture.
With residential conveyancing you need expert assistance throughout the process, helping to ensure everything goes smoothly and that your interests are protected.
Choosing between a conveyancer and a solicitor is an important decision and should be based on your specific needs and circumstances.
What is a conveyancer?
A licensed conveyancer is trained specifically in property law, focusing on the legal work involved in buying and selling real estate. They handle tasks such as preparing and reviewing contracts, conducting property searches, and ensuring all legal requirements are met during the transaction. Their expertise is typically confined to property transactions.
Whether you need representation is up to each party, but working with a conveyancer can make the complex process of buying or selling a property more manageable and less stressful. Their expert guidance and support can be invaluable, ensuring you meet all legal obligations and that your rights are protected throughout the process.
What is a Solicitor (property lawyer)
A solicitor, or property lawyer, possesses a broader knowledge of property law and can address more complex legal issues that may arise during property dealings. Beyond the standard conveyancing tasks, solicitors can provide advice on disputes, legal rights, property development, zoning issues, and represent clients in court if necessary. Their comprehensive legal training enables them to manage intricate property matters effectively.
Roles and responsibilities of a property lawyer (solicitor conveyancer)
Advising on complex legal issues
Property lawyers provide legal advice on more complex property matters, such as disputes, legal rights, property development, zoning issues, financing, or commercial property transactions.
Preparing and reviewing documents
Similar to conveyancers, property lawyers also prepare and review legal documents required for property transactions. However, they often deal with more complex agreements and contracts, such as lease agreements, loan agreements, and contracts for large commercial transactions.
Negotiating terms
Property lawyers can represent their clients in negotiations, helping to secure the most favourable terms and conditions in a transaction. This can be particularly valuable in commercial transactions or contentious property disputes.
Representing clients in court
If any disputes or complications arise leading to litigation, property lawyers can represent their clients in court. They can initiate or defend legal proceedings on their client’s behalf.
Managing complex transactions
Property lawyers are equipped to manage complex property transactions, such as those involving multiple parties, commercial properties, or properties subject to legal disputes.
Conveyancer vs solicitors for property purchases
Many think that the choice between a conveyancer and a property lawyer (solicitor conveyancer) in New South Wales largely depends on the complexity of the property transaction you’re undertaking.
From years of experience, we can say that there is no such thing as a straightforward sale or purchase. We have been asked on numerous occasions to take over matters from Conveyancers where they have been unable to resolve a dispute or settle a claim.
Property lawyers (solicitor conveyancers) certainly come into the picture when there are more complex legal issues to navigate. For instance, if you’re purchasing a commercial property, there’s a dispute over the property, the property is part of an estate or trust, or there are complex contract terms involved, a property lawyer would be better suited to handle these scenarios. They have a more extensive legal background and can offer legal advice and representation beyond the scope of a conveyancer’s work.
Is a conveyancer or solicitor conveyancer better for a purchase or sale?
Both conveyancers and property lawyers are qualified to assist with property transactions. The choice between the two should be based on your individual needs and the complexity of your property transaction.
It’s also worth noting that if your residential property transaction involves unique or complex issues — such as off-the-plan purchases, subdivisions, put and call options, or if the property is part of a deceased estate — you would also benefit from the services of a property lawyer.
For an honest chat about the differences between conveyancers and solicitors, and to learn more about how each can benefit you, please contact us. Our friendly team is backed by more than 40 years of experience in the purchase and sale of property and businesses and can help you.
