02/12/2018
Recently a client asked us 'what's the difference between a solicitor and a conveyancer?'. This is a question we get a bit. It can be confusing when you have the same service being offered by two different professions.
Basically, both are qualified to deal with the transfer of property. Every time a property changes hands the process is called conveyancing.
Our client was wondering whether he should be using a conveyancer to do his conveyancing, because he had recently read that conveyancers 'only deal with property, unlike solicitors who deal with many types of law'. The implication being that conveyancers are therefore better qualified in property law.
It is true that conveyancers will generally only have knowledge in one area of law, being property law.
Solicitors on the other hand have specific knowledge about property law but also broader knowledge of the law in general. This broader knowledge of the law means that a solicitor can help with any issues that might relate to the conveyance (for example, tax implications) and with issues arising beyond the scope of the simple transfer process (for example, if a purchaser pulls out of the sale and you need sue them). Unfortunately, if issues arise outside the transfer process, a conveyancer will usually need to refer your matter to a solicitor to resolve.
Our client also queried why conveyancers are generally cheaper than solicitors. Basically, the difference in knowledge and experience is what also commonly creates a price difference between conveyancers and solicitors.
So, when considering whether to hire a solicitor or a conveyancer, it is important to think about how complex the transaction is likely to be. A conveyancer might be perfectly suitable for simple transactions or where the budget it tight. The more complex the transaction, the more important it will be to ensure any technical issues, uncertainties or problems that arise can be dealt with swiftly.
Please feel free to contact us at Clarke Law if you have any queries in relation to the sale or purchase of property. We are also able to help with a broader range of property related matters, including subdivisions, easements, co-ownership agreements, retail and commercial leasing.