One of the most difficult choices to make after you have made a decision to sell your property is choosing between a conveyancing lawyer and a conveyancer, both of which have their own advantages and disadvantages.
So, what is the difference between the two? Conveyancers are licensed non-lawyers qualified to carry out a portion of the legal work related to a property transaction, provided that it does not exceed conveyancing work stipulated in the Conveyancers Act 2006.
Conveyancing lawyers, on the other hand, are lawyers whose primary field of expertise is conveyancing. Unlike conveyancers, who can only perform conveyancing work, conveyancing lawyers are capable of conducting all legal work related with conveyancing, as well provide counsel on matters associated with property law, like probate, wills, estate planning, property law-related disputes, and family court matters. Conveyancers cannot provide clients with legal counsel about a real estate or buyers’ agent’s conduct, like dummy bidding, misrepresentation, underquote or overquote-related criminal deceptions, etc., and should refer clients to a licensed lawyer.
So, in reality, conveyancing lawyers provide full coverage with regard to property law and conveyancing, while licensed conveyancers would need to refer clients to a lawyer should the matter is beyond what they are allowed to practice legally.
Professionals in the property market, including conveyancers openly admit that conveyancing lawyers offer the most complete type of legal representation in property conveyancing deals.
Conveyancing Lawyer versus Conveyancer – Who is Cheaper?
In general, licensed conveyancers offer their services at a much lower rate as opposed to conveyancing lawyers, but the overall cost once the entire property buying or selling process is complete may be way off as to what was first quoted to the client, particularly if it involves legal issues and the conveyancer needed to refer the client to a conveyancing lawyer.
It is highly recommended that you do a thorough research on the conveyancer or conveyancing agency you are planning to employ and understand as much as you can regarding your property or the property you want to purchase and the possible legal consequences.
Conveyancing Lawyer versus Conveyancer – Who Has the Upper Hand?
Professional indemnity (PI) insurance covers a licensed individual for neglect or carelessness in the execution of professional work, and conveyancing lawyers carry such as coverage for everything they do on behalf of the client, while conveyancers are only covered for work involving conveyancing transactions.
Moreover, conveyancing lawyers have access to barristers and senior lawyers. The former are lawyers whose full-time responsibility is to assist clients when court representation is needed. Barristers work in a similar way as medical professionals, and clients cannot just employ a barrister’s service if no expert referral has been made by a licensed lawyer. It is the responsibility of the lawyer to recognize the legal matters occurring from a client’s issue and to give the barrister an outline of the issue, who will then give professional counsel if the problem should go to court or be handled by other methods.
The only means for a conveyancer’s client to have access to a barrister’s services is to have the client employ a qualified lawyer, turning the conveyancer into a costly middleman. So, it would be right from the start for the client to employ a conveyancing lawyer.
Conveyancing Australia is an impartial website providing useful information to Australians considering employing the services of conveyancers. As the purchase or sale of property is a relatively infrequent event there is much confusion over when a conveyancer is needed, why and what benefits we as profession have to offer.