Conveyancer vs Property Lawyer: What's the Difference and Who Should You Hire?

In many aspects of life, there is a lot to be said for keeping things simple, but that can mean getting someone else to do the complicated things while we sail along and enjoy the benefits of their work. That is certainly true of buying a property, where what should be a straightforward process comes laden with potential problems that are magnified by the amounts of money involved.

Conveyancer vs Solicitor in Australia

Both conveyancer and solicitor are words that don't plainly describe what the job involves, so let's look at what they mean and what these people actually do.

The word convey means to take or carry something or someone from one place to another, and in this case, it is the transferring of ownership of a property. Conveyancing is a handy term that saves three or four words, and a conveyancer takes care of a property deal, making sure all the legal requirements are met and any complications dealt with so there are no ifs and buts left at the end.

A solicitor is an all-round legal professional whose training includes conveyancing, enabling them to handle property transfers along with any other aspect of law. The verb to solicit means to approach someone with a request, but it is not used much anymore. A solicitor is a law professional brought in by individuals and groups of people to ensure their legal issue is conducted to their advantage as far as the law allows.

Can a Conveyancer Give Legal Advice?

The role of a conveyancer is to deal with the transfer of ownership of a property, and they can give advice on that, but they are not qualified or trained in other aspects of law. Their knowledge of and expertise in conveyancing is equal to that of a solicitor, and some may even argue that they have greater experience, given that conveyancing accounts for 100% of their work.

Do You Need a Conveyancer Before Making an Offer?

Buying a property is a serious business that many people find stressful for various reasons. Is it the right property for your purposes? Is it the best one on the market? Is the price reasonable? All these questions go through a potential purchaser's mind, and some of them are a matter of opinion. What the buyer does not want is unforeseen complications that can become apparent later on.

The condition of the property can be established by a comprehensive survey, so that can be one less thing to worry about (although you can never be absolutely sure until you have owned the place and perhaps lived or worked there for a while). But what about challenges to the ownership of the property? Does anyone else have a claim on it, perhaps in the form of a lien? This is a curious, old-fashioned term that describes a charge imposed as a means of guaranteeing a debt, and if a lien exists on the property you are buying, it can affect your rights and even the fact of whether you truly own it 100% or not.

This is the kind of potential issue a conveyancer will be looking for before the sale goes through, but if you don't have a conveyancer onboard before you put your offer in, such a complication will not be revealed.

So, no, you don't need a conveyancer before making an offer, but having one can help avoid unpleasant complications.

At What Stage Should I Engage a Conveyancer or Solicitor When Buying a House?

The sensible answer to this is as early as possible. Why jump into the boat without a lifejacket and pick one up later? The whole point of getting legal help is that you can prevent problems, not just deal with them once they have occurred.

You can bet your mortgage that a property developer or speculator will involve their conveyancer as early as possible. It makes sense to go into battle with your army at full strength, and although buying a property is not a military exercise, it can feel like a conflict if something goes wrong. Buying a property doesn't happen in five minutes or even a day. You might decide what you want to buy and set the deal in motion by putting in an offer, but it is going to be a while before that building or piece of land has your name on it.

Looked at in this light, the issue of a conveyancer vs a solicitor in Australia can seem irrelevant. Both are legal professionals who can help you navigate the potentially troubled waters of the purchasing process. There are all sorts of other potential problems, including financial (particularly when a buyer or seller is not Australian or the property is not in this country). There may be currency exchange issues or questions regarding taxes.

On a more down-to-earth note, despite your best efforts in engaging a competent surveyor to critically assess the property, there are potential concerns regarding natural phenomena such as bushfires or termites. In this instance, perhaps the knowledge and expertise you require extend beyond the capabilities of a conveyancer; you might need the solicitor's broader perspective on the entire deal.

Having said all this, let's get back to some blue sky thinking. All you're doing is buying all or part of a building or some land. You don't suspect the seller is up to something, so can't a deal be done between two respectable people without recourse to legal minds? And it's true that in the vast majority of cases, it all goes off without a hitch. But that is no consolation to those in the minority who have become embroiled in a tricky situation in which feelings can run high and financial problems can occur.

Before you set off down the road to buying a property, get yourself some legal help. Conveyancer vs property lawyer: the choice is yours, but whatever you do, get yourself the insight and protection of one or the other.