The Key Differences Between A Conveyancer And A Solicitor

Every time a property changes ownership, the legal process of officiating that change is called conveyancing. This process can be completed by either a solicitor or a conveyancer – and the difference between the two is subtle, yet significant.

Many people don’t know the difference between the two. In fact, even experienced property buyers who have transacted many properties in their time may not know exactly what a conveyancer does, let alone understand the subtle differences between a conveyancer and a solicitor.

So: what does this role involve, and why does it matter whether you work with a solicitor or a conveyancer?

A licensed conveyancer…

• Must have completed a minimum of 2 years study at the tertiary level on real property law, obtaining qualifications such as an Advanced Diploma of Conveyancing.
• Must also have completed at least 2 years’ practical experience in conveyancing work, including at least 1 year under the supervision of a licenced conveyancer.
• Specialises in ‘real property’ related law.
• Has the skills and experience to undertake the legal work involved in a conveyancing transaction.

A conveyancing solicitor…

• Must have completed a minimum of 4 years study at the tertiary level to obtain a Bachelor of Laws.
• Can practice in many areas of law, including conveyancing; while they have specific knowledge about property law, they also have broader knowledge of the law in general.
• Has the skills and experience to undertake the legal work involved in a conveyancing transaction.
• If the transaction becomes litigious, a solicitor may have the expertise and credentials to handle the issue, whereas a conveyancer would need to refer it to other legal practitioners.

The key distinction between these two types of professionals lies in the legal expertise. If you do decide to use a conveyancer instead of solicitor, it’s important to be aware of the differences.

Most crucially, there are certain tasks related to property transactions and real property law that can only be executed by a lawyer. This means that as your solicitor, we can advise you as our client on all aspects of a conveyance, and also on issues that might arise relating to the conveyance.

These could include things like:

• Certifying and managing paperwork when a Power of Attorney is required to sign a property sale contract.
• Advising on the potential tax or family planning implications of a property transaction.
• Giving guidance on how the sale of a property might impact your divorce proceedings.

Overall, the range of services we provide as trained legal professionals means our services expand into other areas of property and contract law, including tax, equity and deceased estates.

This gives you as a property buyer or vendor the peace of mind that no matter what situation unfolds throughout your property experience, we can offer a full range of advisory services.

At Think Conveyancing, we are highly experienced lawyers and though we have experience in other areas of the law, our solicitors work full time in conveyancing to ensure you receive the best level of service and experience.
Best of all, we know that property concerns and queries aren’t just limited to business hours, so we’re available to you around the clock! For more information or to request a free quote, call us on 1300 932 738 and speak with one of our team members today.