IS IT BETTER TO USE A SOLICITOR OR A CONVEYANCER?
20/06/2024When buying or selling a property, one of the crucial decisions you’ll need to make is whether to hire a solicitor or a conveyancer to handle the legal aspects of the transaction. Both professionals are qualified to carry out the conveyancing process, but there are some key differences to consider.
What is a Solicitor?
A solicitor is a qualified legal professional who has completed a law degree and undergone extensive training to practice in various areas of law, including conveyancing. Solicitors are regulated by the Solicitors Regulation Authority (SRA) and can provide a wide range of legal services beyond just property transactions.
What is a Conveyancer?
A conveyancer is a specialist in property law, focusing exclusively on the legal process of transferring ownership of real estate from one party to another. Conveyancers can be licensed by the Council for Licensed Conveyancers (CLC) or work under the supervision of a solicitor in a law firm.
Advantages of Using a Solicitor:
- Broader Legal Expertise: Solicitors have a comprehensive understanding of various legal areas, including contract law, property disputes, and estate planning. This broader knowledge can be beneficial if any complex issues arise during the conveyancing process.
- Regulation and Professional Indemnity Insurance: Solicitors are regulated by the SRA and are required to carry professional indemnity insurance, providing an additional layer of protection for clients.
- Full-Service Offering: Many solicitors can handle other legal matters beyond conveyancing, such as drafting wills, handling probate, or dealing with family law issues.
Advantages of Using a Conveyancer:
- Specialisation in Property Law: Conveyancers are dedicated experts in property transactions, allowing them to focus solely on conveyancing and potentially offer more efficient and cost-effective services.
- Familiarity with Local Property Market: Conveyancers often have in-depth knowledge of the local property market, which can be advantageous when navigating specific regional requirements or regulations.
- Cost Savings: Conveyancers typically charge lower fees than solicitors, as their services are more specialized and focused on property transactions.
Ultimately, the choice between a solicitor and a conveyancer will depend on your individual circumstances, the complexity of the transaction, and your personal preferences. If you anticipate potential legal complexities or require additional legal services, a solicitor may be the better option. However, if your primary concern is efficient and cost-effective conveyancing services, a licensed conveyancer could be a suitable choice.
It’s crucial to thoroughly research and vet potential solicitors or conveyancers, considering their experience, reputation, and fees. Additionally, ensure that they are appropriately qualified, regulated, and insured to protect your interests throughout the conveyancing process.
If you are buying or selling a property, and would like high quality service from a conveyancing lawyer in Melbourne, contact us for advice today.