Conveyancers
Conveyancers are licensed professionals who practice exclusively in property transactions. Their primary focus is the transfer of property ownership from one party to another. While conveyancers understand the processes and documentation required for conveyancing, they do not have the broader legal training that property lawyers have.
Qualifications and training
Conveyancers in NSW must hold a conveyancing licence. To qualify for a conveyancing licence requires:
- Completing an accredited education qualification, such as a Diploma of Conveyancing or an Associate Degree of Law.
- At least two years’ practical experience in conveyancing work, of which at least 12 months of experience was completed while under the supervision of a licensed conveyancer or legal practitioner.
Tasks performed by conveyancers
Conveyancing in Sydney covers a wide range of services to facilitate the smooth transfer of property ownership. These services include:
- Preparing and reviewing contracts for the sale and purchase of land.
- Examining strata reports.
- Arranging pest and building inspections.
- Ensuring that the terms and conditions are favourable and legally binding.
- Conducting title searches to confirm the seller’s right to sell the property and identify potential restrictions or encumbrances.
- Handling the exchange of contracts and funds.
- Managing the settlement process.
- Liaising with banks, real estate agents, and the buyer’s or seller’s representatives to finalise the transfer.
Conveyancers can also provide valuable advice on property taxes, zoning regulations, and legal obligations to ensure compliance with local and state laws.
Property lawyers
Property lawyers are qualified legal professionals with training in different areas of law, including property law. Property lawyers are qualified to offer conveyancing services and comprehensive advice on a wide range of property-related issues, including litigation, disputes, and contractual matters.
Qualification requirements
In NSW, all legal practitioners require multiple educational and certification attainments. To practice as a lawyer in NSW requires the following:
- Completion of an accredited higher education course, such as a Bachelor of Law (LLB) degree or a postgraduate Juris Doctor (JD) degree.
- Completion of Practical Legal Training is mandatory for all graduates seeking admission to the legal profession.
- An Australian practising certificate, which allows the holder to work as a legal professional.
Tasks performed by property lawyers
Property lawyers are qualified to handle all aspects of conveyancing, including buying and selling property, transferring ownership, conducting title searches, and more. They also perform comprehensive checks to ensure a smooth transfer of ownership.
But their expertise goes beyond the conveyancing process. Property lawyers handle more complex legal issues, such as restrictive covenants, zoning laws, planning and development approvals, boundary disputes, access to land and caveats disputes and more. They may also represent their clients in negotiations or disputes that arise during the purchase or sale of property, providing court representation where needed.
Property lawyers must stay updated on the latest laws and regulations related to property transactions, including changes in legislation, case precedents, and industry standards. They must constantly expand their knowledge and skills through ongoing professional development opportunities to provide the best possible service to clients.
The main differences between a conveyancer and a property lawyer
A conveyancer practices exclusively in property transactions and is not authorised to provide more complex legal advice. Property lawyers can provide conveyancing services and advise on other areas, such as wills and estate planning. Their expertise is not limited to real estate; it encompasses legal issues that may arise before, during, or after the transaction process.
Although conveyancers can efficiently manage straightforward property transactions, they may need to refer clients to a property lawyer for more complicated legal matters. A conveyancer also does not have the authority to:
- Work on a non-residential mortgage over $7 million
- Create, change or extinguish a trust
- Give financial advice
- Invest client money in any account other than a trust account
- Establish a corporation
The cost of conveyancing will depend on the complexity of the transaction but in more straightforward cases, you may be able to get fixed-free conveyancing services.
When do you need a property lawyer instead of a conveyancer?
Property lawyers provide both conveyancing and the broader scope of legal services, while conveyancers typically offer expertise in the conveyancing process for buying and selling property.
A conveyancer is usually sufficient for straightforward property transactions. However, when there are additional complications and potential disputes, the expertise of a property lawyer is necessary.
Deciding whether to hire a property lawyer or conveyancer depends on the complexity of the transaction and your personal preferences. Some clients prefer to use a property lawyer to guide them through various aspects of the property transaction. They also provide other legal advice around wills and estate planning, strata law, power of attorney, and more.
Choosing the right professional for your property transaction
As an experienced property lawyer providing conveyancing services, RS Law Group has helped buyers and sellers manage the complexities of property transactions.
We understand that buying or selling a property can be a significant milestone in your life, and we work hard to ensure that you have the best possible experience.
