Choosing between using the services of a conveyancer or a property lawyer can be difficult. It is important to understand the key distinctions, which can help you make an informed choice. This blog will explain the differences between the two, so you can feel confident in your choice.
What does a Conveyancer do?
In Victoria, conveyancers are licensed professionals under the Conveyancers Act 2006 and regulated by Consumer Affairs Victoria (CAV). Their role is focused on ensuring the smooth transfer of property ownership between sellers and buyers.
Conveyancing services cover:
- Preparation and review of Contracts of Sale and Section 32 statements;
- Conducting title and planning searches on properties;
- Liaising with banks, agents, and other parties;
- Calculating and arranging payment of stamp duty; and
- Preparing settlement statements and organising settlements through PEXA
For straightforward residential and commercial transactions, a conveyancer is often the most efficient and cost effective choice.
What does a Property Lawyer do?
Property lawyers are qualified legal practitioners who can also complete conveyancing work. However, their scope is broader. Along with handling property transfers, they can:
- Provide legal advice on zoning, boundary, title and other property disputes;
- Manage complex commercial property contracts; and
- Represent clients in court if necessary.
Advanced legal expertise may be vital in some cases, especially when there are complex disputes concerning the property, or where court representation is needed.
How to choose between a Conveyancer and a Property Lawyer
For most buyers and sellers, especially first-home buyers or residential property owners, working with a conveyancer is usually the right choice. Conveyancers assist the streamlined facilitation of property transactions, by explaining each step clearly, and ensuring all legal requirements are met before settlement. A conveyancer is generally ideal for:
Standard residential and commercial sales;
- Off-the-plan purchases;
- Mortgages or refinancing; and
- Straight-forward leases or subdivisions.
However, there are situations where a property lawyer may be better suited for your property transaction needs. For example, if a dispute arises over zoning, title or a boundary on the property, if you are entering into a complex commercial transaction, or if trusts are involved.
In those cases, the legal expertise provided by a property lawyer would ensure you receive qualified advice that goes beyond what a conveyancer is licensed to provide.
Contact Us
When deciding between a conveyancer and a property lawyer, it is important to identify the property services you require. Western Conveyancing offers fully-accredited, local expertise with over 30 years of experience in the Werribee area. We also offer fixed-fee conveyancing services, with no hidden costs.
Contact us on (03) 8742 6794 or via email: [email protected]
If you’re unsure whether you require a property lawyer, our partner law firm, Sanicki Lawyers, can provide expert property law advice and assistance.
