When buying or selling property in Australia, two key figures you’ll encounter are conveyancers and solicitors. While their roles may seem similar, they serve distinct purposes in property transactions. Understanding the difference between a conveyancer and a solicitor is crucial to ensure you get the right help for your property journey.
In this guide, we’ll break down the roles of each, explain the services they provide, and help you determine which one is right for you.
What is a conveyancer?
A conveyancer is a licensed professional who specialises in managing the legal aspects of property transactions. In Australia, a conveyancer’s primary role is ensuring that all legal requirements are met during the sale or purchase of a property. Unlike solicitors, conveyancers generally focus exclusively on property law and the conveyancing process. Here are some key responsibilities of a conveyancer
- Contract Preparation & Review: A conveyancer ensures that the sale or purchase is legally binding and that all relevant details are accurate, such as property boundaries, fixtures and terms of sale.
- Conducting Property Searches: Conveyancers perform searches with local councils, utilities, and other relevant authorities to uncover any issues such as zoning regulations, unpaid taxes, or building approvals that might affect the property.
- Liaison with Third Parties: Conveyancers act as intermediaries between the buyer, seller, real estate agents, banks, and government departments, ensuring that all documentation is in order and that deadlines are met.
- Managing Settlements: Conveyancers oversee the settlement process, making sure that the transfer of ownership occurs smoothly on the agreed settlement date
- Ensuring Compliance with Property Laws: A conveyancer ensures that the transaction follows relevant state or territory laws and regulations.
- Advice on Property Matters: Conveyancers may offer advice on the logistics of transferring ownership, but their role is limited to property law matters.
What is a Solicitor?
A solicitor, on the other hand, is a qualified lawyer who can handle a wider range of legal matters beyond property law. While solicitors can perform many of the same duties as conveyancers in property transactions, they also offer broader legal services, including family law, business law, criminal law, and more.
Key Responsibilities of a Solicitor:
- Legal Advice on Complex Matters: Solicitors can provide in-depth legal advice on complex property issues, such as disputes, litigation, or unusual circumstances in property deals (e.g., inheritance or joint ownership disputes).
- Contract Drafting & Review: Like a conveyancer, a solicitor can draft and review contracts, but they also provide a more comprehensive legal analysis and advice, particularly if there are complicating factors.
- Litigation Support: Solicitors are trained to represent clients in court and can handle any legal disputes or court proceedings arising from the property transaction.
- Dealing with More Complex Transactions: If your property transaction involves legal complexities such as commercial property deals, trusts, or cross-border property issues, a solicitor may be necessary.
- Legal Documentation: Solicitors can handle other legal documentation related to the property, such as wills, powers of attorney, and more, which may arise during the buying or selling process.
When to use a solicitor: You should consider hiring a solicitor if your property transaction is more complex, such as involving disputes, business interests, or significant legal risks. Solicitors are also recommended for those seeking comprehensive legal advice on matters beyond property law.
Key Differences Between Conveyancers and Solicitors
Now that we’ve outlined the roles of both professionals, it’s important to highlight the key differences between a conveyancer and a solicitor.
| Aspect | Conveyancer | Solicitor |
| Specialisation | Specialises in property law and conveyancing | Broad legal expertise, including property law |
| Cost | Generally, more affordable for simple transactions | Can be more expensive due to wider legal expertise |
| Legal Advice | Limited to property law matters | Can provide broader legal advice across multiple areas |
| Litigation | Not qualified to handle litigation | Can represent clients in court and handle disputes |
| Complex Transactions | Best for simple property transactions | Required for complex transactions (e.g., disputes, business interests) |
| Document Handling | Focuses on contracts and property-related documents | Can handle a wider range of legal documentation (e.g., wills, trusts) |
Which One Should You Choose for Your Property Transaction?
Choosing between a conveyancer and a solicitor depends largely on the complexity of your property transaction and your personal needs.
- For Simple Property Deals: If you’re buying or selling a residential property without any complicated issues, a conveyancer is often sufficient and more cost-effective. They will manage the contract, conduct the necessary searches, and handle the settlement.
- For Complex Property Transactions: If your transaction involves legal complexities such as disputes, business interests, or if you’re dealing with a commercial property, a solicitor is recommended. They can provide expert advice and represent you in court if necessary.
- For Legal Advice on Other Matters: If your property transaction overlaps with other legal matters, such as estate planning or business interests, a solicitor can offer comprehensive legal services.
Both conveyancers and solicitors play an important role in the property transaction process, but the key to choosing the right professional lies in understanding the scope of their services and the complexity of your property deal. If you need expert advice on legal complexities beyond property law, a solicitor is the better choice. For straightforward property transactions, a conveyancer will help ensure everything runs smoothly.
At Golottas Solicitors & Barristers and Conveyancers, our team can offer you are unique blend of conveyancing and legal services. Whether you’re a first-time homebuyer or managing a complex property transaction, our licensed conveyancers and experienced solicitors provide the expert guidance and personalised service you deserve.
With Golottas Solicitors & Barristers and Conveyancers, you can rest assured that your property transaction will be handled with the highest level of expertise and care. Contact us today for a free consultation and discover how our conveyancing and legal services can make your property journey as smooth and stress-free as possible.
