Buying or selling a property involves a lot of legal paperwork. The contract, the transfer, the mortgage documents and settlement all need to be handled properly. Most people hire a licensed conveyancer or a solicitor to do this work. Deciding between the two is one of the first choices in any property deal.
Both can do a good job for a standard purchase or sale. The right choice depends on your property, your situation and the kind of help you expect. Here is how to weigh it up.
What conveyancing involves
The NSW Government describes conveyancing as the legal work involved in preparing a sales contract, mortgage and related documents. In practice it covers the whole path from contract to settlement. Typical tasks include examining the contract for sale and checking for outstanding land tax. The person acting for you also attends settlement on your behalf.
The Northern Territory Government lists similar work on its conveyancing page. That includes preparing and exchanging contracts, running title and caveat searches and getting the certificates needed for the sale. Much of this happens out of sight. You mostly notice it when a problem turns up or a deadline comes close.
What a licensed conveyancer does
A licensed conveyancer is a property specialist. In NSW, conveyancers must be licensed by NSW Fair Trading. Most hold a licence that covers residential, commercial and rural property. Their work is focused on the transfer of property rather than wider legal issues.
The NSW Government says conveyancers and solicitors are equally qualified to do conveyancing. For a simple house or unit purchase, a conveyancer may be all you need. Many people choose one because they deal with property transfers every day. Fees can also be a factor, though that varies from firm to firm.
When a solicitor may suit you better
A solicitor can do conveyancing and also give legal advice on other matters. The Northern Territory Government notes this as a key difference. That wider scope can help when the property deal is tied up with something else. Separations, deceased estates, business sales and disputes are common examples.
A solicitor may also suit unusual properties or contracts with complicated special conditions. If a dispute is possible, they can advise on your options and costs. They can also bring in a barrister if a matter heads to court. Our guide to solicitors and barristers explains how those roles fit together.
Protection if something goes wrong
In NSW both solicitors and licensed conveyancers must have professional indemnity insurance. This protects you if they make a mistake. The NT Government also tells buyers to check that their conveyancer is licensed and has this insurance. It is one of the main reasons to use a professional rather than doing it yourself.
Doing your own conveyancing is possible in some places. The NSW Government warns that kits generally give guidance only. You remain personally liable for any problems with the sale. It may also be harder to get insurance comparable to what a licensed professional carries.
Checking licences and registration
Before you hire anyone, confirm they are allowed to do the work. In NSW you can check a conveyancer’s licence through the NSW Government licence check. For a solicitor, you can check the lawyer is registered with the regulator or law society in your state. These checks take a few minutes online.
Each state and territory sets its own rules for conveyancing. Who can do the work and how they are licensed is not the same everywhere. Check the rules where the property is located rather than where you live. This matters if you are buying interstate.
Understanding the costs
Ask for a written quote before work begins. The NSW Government suggests asking for an itemised statement of likely costs. Expect professional fees plus disbursements such as title searches and registration charges. Practitioners must generally give you cost information before or when you engage them.
Lawyers have their own rules about telling you what their work will cost. Our guide to legal costs and costs agreements covers what to expect. Compare what is included rather than just the headline price. A cheap quote that leaves out key tasks can cost more in the end.
Working well with your conveyancer or solicitor
Once you have chosen someone, give them the contract as early as you can. Send any questions about special conditions in writing. Tell them about your finance, your deadlines and anything unusual about the property. The more they know at the start, the fewer surprises there will be later.
Keep your own copies of everything you sign. Read the emails they send you and reply promptly when they need an answer. Settlement dates are fixed in the contract and missing them can be costly. A short weekly check in can help keep everything on track.
Be clear about who will deal with your lender and the real estate agent. Some buyers assume their conveyancer handles every call, which is not always the case. Ask what is included in the quote and what counts as extra work. Clear roles from the start make the final week before settlement far less stressful.
Questions to help you choose
Talk to two or three people before you decide. Ask how many similar transactions they handle and who will do the day to day work. Find out how they will keep you updated before settlement. Our list of questions to ask your potential lawyer works well for conveyancers too.
Think about your own situation as well. A straightforward purchase may suit a conveyancer. A sale linked to a separation or estate may suit a solicitor who can advise on both. If you later find a dispute brewing, a solicitor can help you weigh up your options for resolving it.
Frequently asked questions
Is a conveyancer the same as a solicitor?
No. A licensed conveyancer focuses on property transfers. A solicitor can do conveyancing and also advise on other legal matters. In NSW both are treated as equally qualified to do conveyancing.
Can I do my own conveyancing?
It is possible in some states and territories. You carry the risk of any mistakes and will not have the same insurance cover. Government guidance in NSW and the NT points out these risks.
How do I complain about a conveyancer or solicitor?
Complaints usually go to different bodies. In NSW, complaints about conveyancers go to NSW Fair Trading. Complaints about solicitors go to the NSW Legal Services Commissioner. Other states have their own regulators.
This article is general information only and is not legal advice. Laws and processes differ between states and territories and they change over time. Speak with a qualified lawyer about your own situation.