Conveyancing refers to the legal process of transferring the title of real property (land, buildings or other fixed assets) from one person or entity to another. There are a series of legal and administrative steps involved in this process which ensure that the transfer of ownership is a smooth one. Therefore, it is important that professionals well-versed in the process, are involved in the procedure to ensure that the transfer of title is a legally valid transaction.
Conveyancer or Solicitor?
What is a Solicitor?
A solicitor is a legal professional who can provide a range of legal services and advice to clients. They are a qualified lawyer who is able to offer legal assistance, represent client in legal matters, and provide expert advice on various legal issues.
Solicitors who practice in property law are well-versed in the legal framework surrounding conveyancing transactions. They have specialised knowledge in navigating legislation and case law, and will generally have a broad knowledge of the law surrounding legal title and property.
What is a Conveyancer?
A conveyancer is a professional, licenced to handle the transfer of title of a property from one person or entity to another. They have a general knowledge of the conveyancing process, and will be able to provide advice around the conveyancing process and assist clients in navigating the conveyancing process.
Should I use a Conveyancer or a Solicitor?
Both conveyancers and solicitors are equipped to oversee the conveyancing process. However, there are pros and cons specific to each professional which may affect your decision in choosing a conveyancer or solicitor to assist you when buying or selling your property.
Below are some factors to be considered before deciding whether to proceed with a solicitor or conveyancer when selling or buying a property:
- Knowledge of the Law: Due to their background in law, solicitors are able to navigate legislation and case law with great expertise. This includes if there is new legal precedent laid down by a Court, or if legislation changes. Given that property law is subject to change, a solicitor will be better equipped to handle a transaction based on the most recent amendments or reforms determined in property law.
- Complex Transactions: Due to their expansive legal knowledge, a solicitor will be able to deal with any complex legal issues which may arise during conveyancing. Such complications may include issues of non-disclosure by sellers, issues with the property title and environmental issues with the property.
- Costs: Usually, though not always, conveyancers will be cheaper than solicitors. However, regardless of whether you choose a solicitor or conveyancer to handle the purchase or sale of your property, it is important to discuss what costs will be incurred throughout the conveyancing process. It is also important to ensure that you know what fees will be charged if the transaction or sale does not proceed, and what costs you will be required to cover in that instance.
Ultimately, the choice between using a conveyancer or a solicitor for your property transaction depends on your specific needs and the complexity of the transaction.
When choosing either a conveyancer or a solicitor, it's important to research and consider factors such as their experience, reputation, fees, and any additional services they provide. Getting recommendations from friends, family, or real estate professionals can also help you make an informed decision.
At ATA Legal, our solicitors are highly experienced with the conveyancing process, with years of practice in this field. We provide open communication with our clients all throughout the conveyancing process to ensure that your wishes are clearly communicated and reflected in the sales contract.
Whether you are seeking to buy or sell a property, please feel free to contact us on (02) 8580 2312 or send us an email at info@atalegal.com.au so that we can assist you in navigating the conveyancing process.
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