Do I Need a Conveyancer or a Solicitor When Buying, Selling or Leasing Property?

When you’re buying or selling property, it’s essential to have a legal professional to guide you through the process. But the big question you’re probably asking is: do I need a conveyancer or a solicitor? 

While both professionals can assist with property transactions, there are distinct differences in their roles, expertise, and the situations where they’re best suited.

Understanding the differences can save you time, money, and unnecessary stress. In this post, we’ll break down what each professional does, the key differences between them, and how to decide which one is right for your needs.

What is a Conveyancer?

A conveyancer is a licensed professional who specialises solely in property transactions. Their primary focus is on the legal and administrative steps involved in transferring property ownership.

Key services provided by conveyancers:

• Preparing and reviewing contracts of sale.
• Conducting title searches and verifying ownership.
• Managing settlement processes.
• Ensuring compliance with legal requirements for property transfers.
• Calculating and arranging payment of transfer duty and other fees.

In New South Wales (NSW), conveyancers must hold a conveyancing licence issued by NSW Fair Trading and complete approved qualifications, such as the Advanced Diploma of Conveyancing. They must also maintain professional indemnity insurance and comply with strict legal and ethical standards.

Conveyancers are property specialists, making them a very popular choice for residential and commercial transactions.

What is a Solicitor?

A solicitor is a fully qualified lawyer who can handle various legal matters, including property transactions. While solicitors can act as conveyancers, they also provide legal advice in areas beyond property law, such as family law, estate planning, or litigation.

Key services provided by solicitors in conveyancing:

• Handling complex property transactions or disputes.
• Providing legal advice on property contracts, including special conditions.
• Assisting with tax implications or estate matters related to property.
• Managing transactions that involve deceased estates or family law disputes.
• Offering legal representation in court, if required.

Solicitors are often recommended for property matters that involve more complex legal issues.

Conveyancer vs. Solicitor: Key Differences

Understanding the differences between a conveyancer and a solicitor will help you determine who to choose for your specific needs:

When to Choose a Conveyancer

A conveyancer is often the ideal choice for:

1. Straightforward property transactions: Buying and selling residential property, or buying, selling or leasing commercial property without complications.
2. Cost-effective solutions: Conveyancers are typically more affordable, making them ideal for standard transactions.
3. Specialised property focus: Their entire expertise revolves around conveyancing, ensuring efficient and focused service.

Example Scenario:
Whether you’re buying your first home or you’re an experienced property investor, a conveyancer can expertly handle the contract, title checks, and settlement process, ensuring everything runs smoothly and cost-effectively without the need for additional legal fees.

TIP: The experience of the conveyancer genuinely makes a difference. Oliver & Co.’s expertise and experience allows us to handle straightforward and more complex property matters confidently.

When to Choose a Solicitor

You might opt for a solicitor if:

1. The property transaction is complex: Issues like off-the-plan purchases or property disputes.
2. You need broader legal advice: Tax implications, estate matters, or other legal areas connected to the property.
3. Legal disputes arise: A solicitor can represent you if the contract or settlement process has legal challenges.

Example Scenario:
You’re purchasing a commercial property, and the contract has complex terms or tax implications. A solicitor can provide the legal expertise needed to ensure everything is in order.

Do I need a Conveyancer or a Solicitor?

To help decide between a conveyancer and a solicitor, consider these questions:

• Is the property transaction relatively straightforward, or are there other legal complexities to consider?
• Do you anticipate needing legal advice outside of conveyancing?
• Do you have a larger budget for professional fees?

A conveyancer is the ideal choice for most standard property purchases and sales. However, a solicitor can offer more comprehensive support if the situation involves legal complications. 

TIP: Don’t forget to check the firm’s experience and reviews to ensure you’re choosing a trusted team to guide you through the process (P.S You can check out our 5 Star reviews HERE)

Benefits of Choosing Oliver & Co. Conveyancing

At Oliver & Co. Conveyancing, we provide specialised conveyancing services that ensure your property transaction is handled smoothly from start to finish. Here’s why our clients trust us:

• Expertise in Property Transactions: We focus exclusively on conveyancing, making us specialists in the field.
• Clear Communication: You’ll always know what’s happening and what to expect next.
• Affordable, Fixed Fees: No hidden surprises – just clear, upfront pricing.
• Local Knowledge: As trusted conveyancers in the Hunter Valley, we bring unmatched expertise to your property journey.

Whether you’re buying, selling, or managing property transfers, we’re here to guide you every step of the way.

TIP: Moving to the Hunter Valley? Check out our Top 9 Hunter Valley Suburbs for Home Buyers!

Conveyancer or a Solicitor: Making the Right Choice For You

Choosing between a conveyancer and a solicitor depends on your unique situation. For most residential property transactions, a conveyancer provides all the expertise you need at a more affordable cost. However, a solicitor may be the safer choice for complex or high-risk matters.

At Oliver & Co. Conveyancing, we make property transactions simple, stress-free, and transparent. Ready to get started? Contact us today at 4965 4594 for a free 15-minute consultation, or take advantage of our free pre-purchase contract review, and let’s get your property journey moving!