If you are buying or selling property in New South Wales one of the first decisions, you will need to make is whether to engage a conveyancer or a solicitor to assist with the legal side of your transaction. While both professionals play a role in property transfers their qualifications responsibilities and ability to handle complex legal matters differ. Choosing the right professional can significantly impact the smoothness and security of your property transaction. At Golottas Solicitors we are committed to educating clients so they can make informed decisions that protect their rights and investments.
Buying or selling a property is one of the most significant financial decisions in life. From reviewing the contract of sale to ensuring correct transfer of title the legal process known as conveyancing involves numerous steps strict timelines and compliance with NSW property laws. Mistakes or oversights can lead to financial loss contract disputes or even failed settlements. That is why choosing the right legal professional to guide you through the process is essential.
Let us begin by understanding what each professional does and what their qualifications involve.
A conveyancer is a licensed professional who specialises in the legal aspects of buying and selling property in NSW. Conveyancers are not lawyers but are trained to handle standard conveyancing tasks such as preparing and reviewing contracts managing property searches and coordinating settlement. They must be licensed under the Conveyancers Licensing Act 2003 and hold professional indemnity insurance for the services they provide.
A solicitor on the other hand is a qualified legal practitioner who has completed a law degree practical legal training and holds a practising certificate from the NSW Law Society. Solicitors can handle all aspects of conveyancing and additionally offer legal advice on more complex issues such as property disputes deceased estates off the plan contracts joint ownership disputes and family law matters involving property. Solicitors are also held to higher legal and ethical standards and can represent you in court if necessary.
To help you clearly compare the two here is a detailed table breaking down their differences.
| Criteria | Conveyancer | Solicitor |
| Legal Qualifications | Licensed specialist trained in conveyancing | Law degree and practising certificate from NSW Law Society |
| Scope of Services | Limited to property transfer and related matters | Broader legal advice including wills family law property disputes and litigation |
| Complex Matters | Cannot handle disputes legal advice or litigation | Can handle complex transactions and provide legal representation |
| Cost | Generally lower for straightforward matters | May be higher but includes full legal advice and protection |
| When to Choose | Straightforward sale or purchase no legal complications | Complex contracts joint ownership off the plan deceased estate divorce matters |
| Court Representation | Not allowed | Can represent you in court |
While a conveyancer in NSW may be suitable for a simple residential sale or purchase involving standard conditions a property solicitor offers greater protection and flexibility if your situation involves anything more than basic transactions. At Golottas Solicitors our clients often come to us for transactions that may appear simple at first but quickly reveal complications such as delayed finance undisclosed easements or strata disputes.
One of the key advantages of hiring a solicitor is their ability to provide legal advice. Unlike conveyancers solicitors are trained in the law and can explain the broader legal implications of the transaction including future risks tax implications family law concerns and issues with shared ownership. This becomes especially important when buying property jointly with a partner sibling or friend or if you are purchasing through a trust company or superannuation fund.
Another benefit of using a solicitor is when the property you are buying is subject to a lease encumbrance or existing dispute. For example, if a tenant refuses to vacate the property or if there is an ongoing claim about ownership boundaries or unpaid rates your solicitor can step in provide advice and negotiate solutions. A conveyancer would be required to refer you to a solicitor in such cases potentially delaying the matter and increasing your overall legal costs.
In off the plan purchases solicitors provide vital support by reviewing lengthy contracts explaining sunset clauses identifying risks associated with developer clauses and ensuring your rights are protected during construction delays or plan variations. These contracts can run into dozens of pages and contain terms that are open to legal interpretation. Solicitors have the training to understand these terms and provide strong legal protection.
If you are buying a deceased estate property there may be added legal layers relating to probate caveats or disputes among beneficiaries. A solicitor can confirm whether the property has been properly transferred from the estate ensure that no outstanding claims exist and assist with resolving title issues before settlement.
Solicitors are also essential when buying a property as part of a family law settlement or as part of financial agreements between separating couples. In these situations, solicitors can ensure that the property transfer is legally valid complies with court orders and does not trigger unintended tax consequences.
At Golottas Solicitors our team also provides services that go beyond conveyancing. We help our clients prepare wills and powers of attorney resolve debt collection issues draft co ownership agreements and navigate NSW court procedures. By offering these additional services we make sure your legal affairs are consistent well-structured and future proof.
Cost is often a deciding factor when choosing between a conveyancer and a solicitor. While conveyancers typically offer lower fees for basic transactions the value of a solicitor becomes clear when legal issues arise. Our firm offers fixed fee conveyancing for standard matters and transparent pricing for complex work so you can feel confident knowing what to expect.
In the event of contract disputes or breach of agreement your solicitor can issue legal notices represent you in mediation and if necessary, commence proceedings against the other party. Having a solicitor already involved in the transaction puts you in a much stronger position and avoids the need to start from scratch with a new legal team.
Another key difference is that a solicitor can act on your behalf in multiple areas of law meaning you do not need to hire separate professionals if your matter involves more than just conveyancing. For example, if your property purchase is part of an inheritance your solicitor can also assist with administering the estate reviewing probate documents and handling other related legal tasks.
A solicitor also provides stronger protections if something goes wrong. Solicitors are subject to strict oversight by the NSW Law Society and must adhere to the Legal Profession Uniform Law. They carry professional indemnity insurance and are held to high ethical standards including duties of loyalty confidentiality and full disclosure to clients.
Choosing the right professional for your property transaction depends on your personal circumstances budget and risk profile. For a simple property transaction with no complications a licensed conveyancer may be sufficient. However, if your matter involves anything beyond the basics or if you want the peace of mind of comprehensive legal protection then hiring a property solicitor in NSW is the better choice.
At Golottas Solicitors we work with clients across Western Sydney including Seven Hills Blacktown Parramatta Fairfield Mount Druitt and Campbelltown to provide reliable clear and affordable legal services for all property transactions. We offer guidance from contract to settlement and beyond helping you plan confidently for the future.
Conclusion
While both conveyancers and solicitors play important roles in property transactions their responsibilities and capabilities differ significantly. Understanding the distinction is key to choosing the right professional for your needs. If your matter is simple and low risk a conveyancer may be suitable. If you are dealing with a more complex transaction need legal advice or want stronger protection throughout the process, then working with a solicitor is the smart choice.
At Golottas Solicitors we are more than just conveyancers we are legal professionals committed to delivering quality outcomes tailored to your needs. Our team is here to protect your rights provide sound legal advice and support you at every stage of your property journey. Contact us today to speak with a solicitor for property transactions in NSW and experience the confidence that comes from working with a trusted legal partner.
