Conveyancing Lawyer vs Conveyancer: Understanding the Differences

Introduction

You have found your dream property and need assistance with the legal process. A common question that arises is what is the difference between a conveyancer and a conveyancing lawyer? This article explains some of the key differences to help you make an informed decision, whether you are seeking conveyancing services for a simple transfer or a more complex property transaction.

 

What is a Conveyancer?

A conveyancer is a licensed professional who guides clients through the process of buying or selling property, ensuring all legal requirements are met. This includes:

• preparing a contract for sale and purchase of land;
• advising on the rights and obligations of the parties;
• conducting property searches and checks on title;
• ensuring that stamp duty is assessed and paid;
• attending to settlement.

What is a Conveyancing Lawyer?

A conveyancing lawyer (also known as a property lawyer) is a qualified legal professional. A conveyancing lawyer handles the same tasks as a conveyancer but can also offer legal advice and representation in more complex property transactions, including:

• disputes over property ownership or title;
• complicated contracts or legal structures;
• transactions involving commercial properties or developments.

 

Key Differences between a Conveyancer and a Conveyancing Lawyer

A conveyancer in New South Wales typically completes a diploma in conveyancing at TAFE NSW before being accredited with NSW Fair Trading.

A conveyancing lawyer holds a law degree and has undergone extensive legal training before being admitted as solicitors of the Supreme Court of New South Wales, allowing them to provide broader legal services. They are accredited by the Law Society of New South Wales.

Generally, a conveyancer can manage basic legal aspects of a property transaction, but they are restricted in providing legal advice on matters outside conveyancing. They may assist with buying or selling residential property, first-home purchases or transfers between family members. They generally offer a cost-effective solution, as conveyancers generally charge lower fees than conveyancing lawyers.

A conveyancing lawyer can provide the same services provided by a conveyancer. In addition, they can provide advice on more complex legal matters, including commercial property transactions, contracts with unusual terms, disputes over property ownership or title, and transactions involving high-risk factors, such as properties under development or those subject to legal claims.

The role of a conveyancing lawyer extends beyond the standard conveyancing process, providing critical legal advice and helping to prevent potential legal issues down the track. Many conveyancing lawyers will offer fixed-fee services for conveyancing services. The additional cost of hiring a lawyer is often justified when dealing with more intricate transactions or legal matters that require in-depth legal expertise.

Conclusion

When deciding between a conveyancer and a conveyancing lawyer, it is important to assess the complexity of your property transaction and your specific needs.

If you require any conveyancing services or have any questions, please do not hesitate our Property Team.

*This article was prepared with the assistance of Mohamad Mourtada