Buying or selling property is a major life event and can be both an exciting and stressful time.

Whether you’re purchasing your first home, selling a rental property, or looking to expand your real estate portfolio, the legal aspects of property transactions can be complex. That’s where a conveyancer or solicitor comes in. But what’s the difference and who should you choose?

Understanding the Roles

Both conveyancers and solicitors can assist with the legal side of property transactions, but there are important differences in their qualifications and the scope of advice they can offer.

What Does a Conveyancer Do?

A conveyancer is a licensed professional who specialises in property matters, particularly the legal transfer of ownership of property from one person or entity to another.

Typically, a conveyancer will:

• Prepare and lodge contracts and legal documents (like the contract of sale and transfer of land).
• Run title searches and check for any legal or financial issues with the property.
• Coordinate settlement between all parties involved.
• Advise on standard contract terms, conditions, and timelines.

For most straightforward residential transactions, a conveyancer has the tools to guide you through from start to finish.

While conveyancers have extensive knowledge of property law, they are not qualified to provide broader legal advice that extends beyond the scope of property transactions. For example, if the property transaction involves complex legal issues like family law matters, taxation implications, or disputes over the land, a conveyancer may need to refer you to a solicitor for advice.

What Does a Solicitor Do?

Solicitors undergo more comprehensive legal training compared to conveyancers, which allows them to handle a variety of legal matters beyond property law. This broader knowledge base can be beneficial when property transactions involve more complex issues.

In addition to conveyancing, solicitors can provide:

• Legal advice on matters that extend beyond the property transaction, such as estate planning, family law, contract disputes, and more.
• Representation in court if a property dispute arises that requires litigation.
• Assistance with more complicated transactions, such as commercial real estate purchases, buying property through a self-managed superannuation fund (SMSF), or dealing with inherited properties.
• Watch out for unexpected red flags, including circumstances where there may be Elder Abuse or conflicts of interest.

Solicitors are particularly helpful when the property transaction is part of a larger legal issue. For example, if you are going through a divorce and need to sell your jointly-owned property as part of a settlement, a solicitor can help navigate both the family law aspects and the conveyancing process. Similarly, if the property is part of a deceased estate, a solicitor can assist with estate administration and ensure the sale is handled in accordance with probate law.

Making the Right Choice for Your Property Transaction

Choosing between a conveyancer and a solicitor depends on the complexity of your property transaction and your need for legal advice. Whether you choose to obtain the assistance of a conveyancer or solicitor, it is essential to work with a licensed professional who understands the intricacies of property law and can guide you through the legal aspects of your transaction. Doing so will give you peace of mind and help you avoid any legal pitfalls that could complicate or delay your property sale or purchase.

At Transitus Legal, we offer both conveyancing and legal advice under one roof, so whether your matter is simple or more complicated, we can guide you through it with clarity and care.

Have questions about your property transaction? Get in touch with our office today! We’re here to help.