Buying or selling a property is an exciting venture, but it can also be a financial and legal battlefield. It's important to have a competent and trustworthy team of professionals around to help.
Some of the most important members of that team will likely be your conveyancing experts – they're the ones in charge of ensuring all the financial, administrative, and legal pieces converge to become a successful property transaction. Some of their responsibilities include:
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Preparing documents needed to transfer ownership of a property
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Making sure there are no legal issues related to the transaction or a property's title
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Ensuring the sale is finalised, with the buyer walking away with their new home and the seller with the monies promised
And it's not only in property transactions that the help of a these professionals can be useful. They can also help to iron out the intricacies of subdivisions, changes to easements, and the updating of property titles.
But what is a conveyancer? What is a solicitor? Do you need both? Is one better than the other?
We've created this guide to explain what conveyancers and solicitors do, how they differ, and how to know if you're in need of one over the other.
Conveyancers vs solicitors: The basics
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What is a conveyancer?
A licensed professional who manages the legal aspects of buying and selling property – a process known as conveyancing. -
What is a solicitor?
A qualified legal professional who can practise in many areas of law – including property law (which can include conveyancing). Not all solicitors handle conveyancing.
What is a conveyancer?
The ultimate job of a conveyancer is to ensure a property transaction reaches settlement – smoothly, legally, and with all the right boxes ticked.
Conveyancers are licensed professionals who specialise in the legal process of property transfers. That means ensuring all required documentation is completed correctly, finances are in place, and nothing derails a successful handover.
They can prepare and review legal documents such as contracts of sale and transfer of land forms. A conveyancer might also liaise with local councils to confirm zoning details or with a buyer's bank to ensure funds are available on settlement day.
They'll also flag potential zoning or permitting issues – such as whether a shed or extension was built with council approval – and advise if something could pose a problem for the buyer.
A good conveyancer will untangle legal loose ends and sniff out red flags, potentially saving buyers thousands of dollars – and a whole lot of stress.
What is a solicitor?
A solicitor, on the other hand, is a fully qualified legal practitioner. While conveyancing is just one of many legal services a solicitor might offer, not all solicitors specialise in it.
Importantly, while a solicitor can perform conveyancing, a licensed conveyancer without legal qualifications is not a solicitor.
Because of their broader legal training, solicitors can often provide more comprehensive legal advice than a standard conveyancer – for example, around tax implications, family law matters, or complex contractual disputes. They may also be able to represent clients in court, unlike conveyancers.
That said, solicitors typically charge higher fees. Some bill by the hour, while conveyancers usually offer fixed-fee pricing for standard transactions.
In some jurisdictions – notably Queensland and the ACT – only solicitors can conduct conveyancing. This means all conveyancing in those states must be carried out by a solicitor or by someone under their direct supervision.
Which should you choose: Conveyancer vs solicitor?
If your property transaction is particularly complex, or you need extra legal advice, it might be in your best interest to employ a solicitor over a conveyancer.
On the other hand, if you're watching your bottom line and you're confident your purchase won't bring about additional hiccups, a conveyancer will likely be your best bet. Conveyancers generally charge less for their services than solicitors do, largely due to the latter's legal background.
We've broken down the pros and cons of conveyancers and solicitors in the table below:
Conveyancer | Solicitor | |
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Services offered | Coordinate transaction details ensuring a smooth transfer of property ownership Prepare and review of legal documents Liaise with councils and banks if needed |
Offers all conveyancing services Can provide additional legal advice Handling of complex legal issues |
Cost | Generally charges a flat fee More cost-effective for straightforward transactions |
May charge an hourly rate or a flat fee Typically more expensive due to broader legal expertise |
Legal expertise | Specialised in property law Licensed for property transactions only |
Fully qualified lawyer May be able to offer legal advice on other issues |
Best used for | Straightforward property transactions Standard buying or selling without additional complexities |
Complex property transactions Legal complexities or disputes Buyers in states requiring solicitors conduct conveyancing |
If you're extremely confident in your abilities and particularly worried about costs, most states and territories allow a person to do their own conveyancing. However, as we'll get into below, doing your own conveyancing can be extremely risky and the potential reward simply might not be worth it.
About to enter the market? Time to consider a competitive home loan
Still ironing out the details of your future property transaction? If you haven't yet secured a home loan, now could be the time to compare products and find a perfect match for your financial situation.
After all, the difference between an average mortgage and a competitive one could add up to tens of thousands of dollars over the decades to come.
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Can you DIY your conveyancing?
If neither professional sounds like a good fit for your home buying journey, you might consider doing your own conveyancing. Beware, however, that property transactions are notoriously complex and a mistake could delay your purchase or even see the whole thing forfeited, potentially along with any deposit paid.
Not to mention, in some states all conveyancing has to be done by a professional.
If that doesn't worry you, or you're willing to take the risk in order to save money, DIY conveyancing kits can be purchased for a fraction of the price of a professional's help.
If it goes wrong, though, you might be the one to bear the brunt. Conveyancers and solicitors generally take out insurance to protect them against potential mistakes. You likely won't have that luxury.
How do you find good a solicitor or conveyancer?
Just as you would when comparing real estate agents or properties, you might want to approach multiple people before you hire a solicitor or conveyancer.
These people will guide you through what's probably one of the most important transactions of your life, after all. You want to be sure you can trust their judgement.
Referrals are another way you can find the right professional for you. Asking a friend who recently purchased or sold a property whether they know someone who can help you with your transaction could prove worthwhile. You could also try looking at online services and property forums.
The most important thing is to look for someone who you trust and feel comfortable working with, and who can make your journey into or out of the market as smooth as possible.
Image by Gabrielle Henderson on Unsplash
Collections: Conveyancer Selling your property
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