Buying or selling property is one of the most significant financial decisions we make. One of the most important steps in that process is conveyancing. In Australia, both conveyancers and solicitors can handle conveyancing work. However, while they perform similar tasks, there are differences between the two that are important to understand before deciding who to engage.
What is a conveyancer?
A conveyancer is a licensed professional whose work is focused solely on property transactions. They are regulated by state or territory bodies.
- New South Wales – the NSW Fair Trading Commission
- Victoria – Consumer Affairs Victoria (CAV)
- Western Australia – Consumer Protection WA, within the Department of Energy, Mines, Industry Regulations and Safety (DEMIRS)
- South Australia – Consumer and Business Services (CBS) and Land Services
- Tasmania – Property Agents Board
- Northern Territory – Agents Licensing Board
Noticeably absent from the list are Queensland and the ACT. Unlike other Australian states and territories, these jurisdictions do not permit conveyancers to operate independently – only solicitors are authorised to carry out conveyancing work.
Typical tasks performed by a conveyancer include
- Preparing and lodging legal documents;
- Contract of Sale.
- Transfer of land.
- Conduct title searches and property checks;
- Calculate rates and taxes to be adjusted at settlement;
- Liaising with banks, real estate agents and government authorities;
- Manage the settlement process.
Conveyancers are generally limited to property law and cannot provide advice on broader legal issues, such as complex disputes, family law matters involving property, or taxation issues connected to a transaction.
The Role of a Solicitor in Conveyancing
A solicitor is a qualified lawyer who has completed a law degree and holds a current practising certificate. While solicitors work across many areas of law, many also offer conveyancing services as part of their broader legal practice.
In a property transaction, a solicitor can do everything a licensed conveyancer does – preparing contracts, reviewing documents, conducting searches, and managing settlement. However, solicitors bring additional legal expertise to the table, which can be invaluable if complications arise.
Some of the key advantages of using a solicitor for conveyancing include:
- Provide comprehensive legal advice, including advice on matters outside property law;
- Identify and resolve complex legal issues with relation to the property transaction, such as trust structures, tax implications, deceased estates;
- Represent clients in court if a property matter leads to litigation.
As solicitors have a wider legal scope, they can manage transactions that involve more than standard conveyancing work.
Is a Conveyancer Right for Your Property Transaction?
Engaging a conveyancer can be a smart choice in many property transactions, but it’s important to understand both the benefits and the limitations before deciding whether they’re right for you.
The Advantages
One of the biggest advantages of using a conveyancer is specialisation. Conveyancers focus exclusively on property law, meaning they deal with contracts of sale, title searches, and settlements every day. This narrow focus allows them to develop a deep familiarity with the process and the common issues that arise in standard transactions.
Another benefit is cost. Because conveyancers generally restrict their services to conveyancing work, their fees are usually lower than those charged by solicitors. For straightforward transactions, this can make them an affordable option.
Finally, many clients find that conveyancers offer a high level of efficiency. Their streamlined approach and sole focus on property law often allow them to process matters quickly and smoothly.
The Drawbacks
That said, there are limitations to be aware of. A conveyancer’s expertise is confined to property law, meaning they cannot provide advice on issues outside this area. If a transaction throws up unexpected legal complications – for example, a dispute over ownership, family law implications, or taxation concerns – the conveyancer will need to refer you to a solicitor.
Additionally, in complex matters such as unusual property arrangements, complicated titles, or disputes, a conveyancer simply does not have the breadth of legal training that a solicitor possesses. In these cases, relying solely on a conveyancer may result in delays or the need to bring in a solicitor partway through the process.
Is a Solicitor the Right Choice for Your Conveyancing Needs?
Just as with conveyancers, engaging a solicitor for your property transaction comes with both advantages and disadvantages. The right choice often depends on the complexity of your matter and the level of support you want throughout the process.
The Advantages
One of the key strengths of solicitors is their broad legal knowledge. Unlike conveyancers, solicitors can advise on issues that extend beyond the immediate property transaction. This might include estate planning, tax implications, trust structures, or even disputes that arise during the process.
Another advantage is the “one-stop shop” factor. If complications do occur – as they often can in property deals – a solicitor can manage them without needing to refer you elsewhere. This continuity of service provides peace of mind and ensures your matter doesn’t stall.
While solicitors generally charge more than conveyancers, their expertise can represent a cost saving in the long run. By spotting risks early and resolving problems efficiently, they may help you avoid expensive mistakes or litigation later down the track.
Finally, solicitors provide greater protection. As fully qualified lawyers, they are subject to higher professional standards and broader insurance coverage, giving you additional reassurance that you’re in safe hands.
The Drawbacks
The main drawback of using a solicitor is cost. Their broader qualifications and professional obligations usually mean higher fees compared to a conveyancer/ For a simple and straightforward property transfer, this added expense may not seem worthwhile. However, as many transactions turn out to be more complex than they first appear, it is often wise to involve a solicitor despite the cost, to ensure the process runs smoothly and risks are properly managed.
Who Should You Use?
So, should you engage a solicitor or a conveyancer? The answer depends largely on your situation.
There is no one-size-fits-all answer. The choice of using a conveyancer or solicitor depends on the complexity of the property transaction and your budget. For straightforward transactions, a licensed conveyancer is a cost-effective and efficient choice. On the other hand, more complex transactions that involve trust accounts, company ownership, deceased estates, commercial property or where there is risk of litigation, a solicitor is much suited as they can provide comprehensive legal advice and representation.
Our team at Warlows Legal specialise in conveyancing work across Australia. Please get in touch with us today with any queries, using the contact information below.
