Is it better to use a solicitor or a conveyancer?
- Is it better to use a solicitor or a conveyancer?
Conveyancers are authorised to assist with work limited to the conveyancing transaction. Any legal work or advice required beyond that is not covered by their insurance nor within their capabilities.
Choosing a solicitor or lawyer over a conveyancer has many advantages. We explain some benefits of using a lawyer for conveyancing when buying a house below.
Many people believe the cost of conveyancing will be less when engaging a conveyancer versus a solicitor or lawyer. This is untrue. Conveyancers who are reputable and professional charge a similar amount to lawyers. Like all services, you may be able to find a cheaper price. Beware, in conveyancing you get what you pay for.
Expertise and reliability should be sought over getting a rock bottom price. Buying and Selling houses is the most expensive financial transaction most people ever do. You don’t need the most expensive service, but you do need quality.
Conveyancing lawyers have a broader and deeper expertise than conveyancers. They have extensive legal knowledge of property law. They also have a better understanding of other different aspects of law. This can be helpful when a side issue or problem comes up affecting your conveyance. Your conveyancing matter could be impacted by probate, leasing or other issues.
Conveyancers must pass on matters that have legal issues that are outside their expertise level and capabilities. This will not happen with a solicitor as a solicitor can readily advise you on these associated matters. In these cases engaging a lawyer from the start will save money and time not having to switch mid-matter.
There are a range of legal documents that overlap with conveyancing. Some a conveyancer can do and others they can’t. For instance, a Default Notice may be drafted by a conveyancer. Some notices and documents are fairly routine, but critical items can be missed. These oversights can be catastrophic to your conveyancing transaction. Lawyers have a deeper understanding and are well practiced at preparing and serving legal documents.
If you do have a problem arise you will require expert legal advice. Legal advice is outside of their expertise and scope and they can’t provide you clear and concise legal advice. You will have to go to a lawyer and get advice. Often it is frustrating to find another lawyer and then explain your issue again. If you already have a lawyer engaged this is can be done inhouse. You can get advice quickly and have a clear path forward and someone to represent you with vigour if needed.
Sometimes opposing lawyers may take advantage of this. Knowing you have a conveyancer they also know that you would have to go and get advice from a lawyer. To advantage their client in a dispute, they may try and push a line or get something past your conveyancer.
Often conveyancing can require other agreements be reviewed, drafted or negotiated. This can include documents such as a lease, private loan agreements, joint venture agreements or wills and probate.
Each of these are the remit of a lawyer. Only lawyers have the specific technical and legal knowledge to draft these documents. Having this type of legal work done at the same time can be more efficient and cost-effective. Your lawyer will have a holistic understanding of the matter whilst doing a property transaction that is a part of a wider deal or agreement.
Using a solicitor for conveyancing is different to using a conveyancer. They do have different roles. Conveyancing is one aspect of the many legal functions a lawyer can perform.
Ultimately, you should engage a professional who can help you even if a dispute arises on your matter. It is not until you are in a legal dispute that you will fully realise the benefit of making this decision.
Look for a team who is helpful and organised. Engaging a conveyancing lawyer or solicitor who has these attributes will be well worth it. They are managing one of the most important and largest financial transactions of your life.
Conveyancing Depot has extensive experience in handling conveyancing matters. We act for a wide range of clients from first home buyers to sophisticated investors. Our advice and conveyancing service is reliable and cost-effective.
Contact one of our conveyancing lawyers today on 1300 900 440 or complete an online enquiry form.
Please note: the above article is not legal advice. Every circumstance is different. It is critical that you obtain legal advice in relation to your personal circumstances before taking any action.
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