Solicitor Vs Conveyancer
One of the most common questions we are asked is about the role of a solicitor vs conveyancer - what’s the difference, and does it matter?
When it comes to buying or selling a property, navigating the legalities can be complex. It is not mandatory to hire a legal professional for your transfer of property ownership, but it’s strongly recommended, to ensure a quick, efficient, and compliant process with no unpleasant surprises. But how do you know who is the right professional to choose?
Understanding the roles of a solicitor vs conveyancer can help you make an informed decision that could save you time, stress, and money..
What does a Conveyancer do?
The primary role of a conveyancer is to transfer property ownership from one person or entity to another. This includes preparing and reviewing contracts, conducting searches, and ensuring that the legal paperwork is in order for settlement. They’re not lawyers, but professionals licensed by state regulators to manage the procedural side of property transactions – to make sure everything is correctly documented and compliant with regulations.
What does a Solicitor do?
A solicitor on the other hand, like McMinn Lawyers, has a broader legal education and can handle a wider range of legal issues beyond just conveyancing.
In addition to managing everything a conveyancer does - we can provide comprehensive legal advice, advise on tax implications, draft complex contracts, manage disputes, and represent you in court if necessary.
How to Choose
In QLD and the ACT, you must use a solicitor for all property transactions. Even dedicated conveyancing companies in these states and territories will employ solicitors who have chosen to specialise in conveyancing.
When it comes to the rest of Australia - for a straightforward transaction with minimal legal risks, a conveyancer may suit. However, if you fall into one of the following categories, we strongly recommend engaging a solicitor:
Complex transaction with potential legal issues or disputes
First-home buyer needing comprehensive legal guidance or assistance with the First Home Owners Grant
Buying within a body corporate or strata scheme
Requiring financial advice, including mortgages and refinancing
Selling Property: Why Choose a Solicitor
Selling a property involves numerous legal considerations beyond the simple transfer of ownership. A solicitor’s comprehensive legal training means they can offer a broader range of services and advice. For example, if your property sale involves complex legal issues such as disputes over property boundaries or easements, we’re equipped to handle these with expertise.
Solicitors are also invaluable when selling apartments or properties within a body corporate. These sales often involve unique challenges, including understanding and navigating by-laws, dealing with strata management, and ensuring compliance with corporate regulations.
Our extensive legal knowledge ensures that all aspects of the sale are legally sound and that you are fully protected.
Purchasing Property: the Solicitor Advantage
Purchasing a property can be overwhelming, especially for first-home buyers. Conveyancers typically handle the basic legal aspects of a property transaction, but a solicitor offers added value through their ability to advise on a wider array of potential issues. This is particularly important in scenarios where there might be unexpected legal complications, like unclear property titles, or the need for detailed contract reviews.
For first home buyers, solicitors provide peace of mind by thoroughly reviewing contracts, ensuring compliance with legal requirements, and offering guidance through the complexities of government grants or first home buyer incentives.
Additionally, if you’re purchasing a property within a body corporate, a solicitor can review the terms of the body corporate agreement, ensuring you’re aware of any obligations or restrictions before finalising the purchase.
Comprehensive Legal Support
If you’re looking to buy or sell in Brisbane, McMinn Lawyers can help make the process smoother and safer. With over 25 years of experience in this area of law, we’re not just about completing a transaction – we’re here to help protect your investment and secure your future. Contact us today to learn more.