What’s the Difference Between a Conveyancer and a Solicitor?
When you’re ready to buy property in Australia, choosing between a conveyancer and a solicitor is key. Both can help with the complex process of property transfer. But, there are big differences in their expertise, services, and costs.
Conveyancer vs Solicitor: What’s the Difference?
Aspect | Conveyancer | Solicitor |
---|---|---|
Qualifications | Licensed specialist in conveyancing only | Fully qualified lawyer, broader legal training |
Services Offered | Property transfers, contracts, settlements | All conveyancing services, plus complex legal advice and court representation |
Cost | Generally lower, often fixed fee | Usually higher, can be hourly or fixed fee |
Best For | Straightforward property purchases or sales | Complex transactions or where legal issues may arise |
State Restrictions | Cannot operate outside their licensed state | Can operate Australia-wide |
- Conveyancers are trained and licensed for property transactions. They prepare legal documents, conduct searches, and ensure a smooth settlement.
- Solicitors are fully qualified lawyers with broad legal knowledge. They handle conveyancing and complex legal issues like tax or disputes.1234567.
When Should You Use a Conveyancer?
- Your property purchase is standard or straightforward
- You need help with contracts, searches, settlement, but not legal advice outside property law
- You want to save on fees and your situation isn’t complex
- The property is in the same state as the conveyancer’s license.
When Should You Use a Solicitor?
- The transaction is complex: trusts, company titles, deceased estates, divorce settlements, or off-the-plan purchases
- You expect legal disputes, need advice beyond property law (e.g., tax, litigation)
- The property is interstate, or there are multiple parties involved
- You want one professional to handle all aspects of property and related legal matters.
FAQ: Conveyancer vs Solicitor
1. Do I legally need to hire a conveyancer or solicitor to buy property?
No, you can do the conveyancing yourself. But, it’s risky and complex. It’s best to get a professional
2. Which is cheaper: conveyancer or solicitor?
Conveyancers usually cost less and often have fixed fees. Solicitors charge more, sometimes by the hour. This is because they have more expertise367.
3. Can both prepare contracts and handle settlement?
Yes, both can handle contracts, do searches, talk to banks, and manage the sale to settlement.
4. When is it essential to use a solicitor?
In ACT and Queensland, only solicitors can do conveyancing. For complex deals needing wide legal advice (like family law, tax, or litigation), a solicitor is best2456.
5. Can a conveyancer give legal advice?
A conveyancer can give advice on property law and conveyancing. But for wider legal advice, you need a solicitor1267.
6. What if something goes wrong with my property purchase?
Both must have professional indemnity insurance. If legal disputes arise, only a solicitor can represent you in court147.
7. Can a conveyancer in NSW handle a property purchase in QLD?
No. Conveyancers can only act within the state where they’re licensed. Solicitors can handle property transactions Australia-wide5.
8. Should I accept the agent’s recommended conveyancer/solicitor?
You can, but it’s wise to choose your own, based on independent research or recommendations, to avoid conflicts of interest.
Key Takeaways
- Use a conveyancer for standard, straightforward transactions for lower cost.
- Choose a solicitor if your purchase is complex, interstate, or requires broader legal advice.
- Both are fully equipped to handle standard property settlements, but only solicitors are qualified to advise on broader legal issues or represent you in court.
- Always verify professional accreditation and insurance before engaging anyone.
Ultimately, take time to assess your situation and do your research—your property investment deserves the right expert guidance.
- https://www.statelawgroup.com.au/blog/conveyancers-vs-solicitors-whats-the-difference-and-which-one-do-you-need
- https://www.boq.com.au/blog/property/solicitor-conveyancer
- https://www.mebank.com.au/the-feed/solicitor-or-conveyancer/
- https://www.yourmortgage.com.au/compare-home-loans/the-difference-between-solicitors-and-conveyancers
- https://couttslegal.com.au/blog/solicitor-vs-conveyancer-what-is-the-real-difference/
- https://www.savings.com.au/home-loans/what-does-a-conveyancer-do-and-do-you-need-one
- https://www.gmlaw.com.au/difference-between-solicitors-and-conveyancers-not-simple/
- https://www.taylorandscott.com.au/articles/who-should-i-choose-a-solicitor-or-a-conveyancer/
- https://www.canstar.com.au/home-loans/do-you-need-a-lawyer-buy-house/
- https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/buying-a-property/conveyancing