Solicitor vs Conveyancer – What is the real difference?

When it comes to buying or selling a property, it’s important to have the right legal representation to guide you through the process. Two common professionals that people often confuse are solicitors and conveyancers. While both can assist in the conveyancing process, there are some key differences between the two.

What is a Solicitor?

A solicitor is a legal professional who obtains a qualification by completing a law degree and practical legal training and is trained in various aspects of the law. They are qualified to provide legal advice and guidance on a wide range of matters, including conveyancing. A solicitor is licensed to practice law, and they can represent clients in court if necessary.

What is a Conveyancer?

A conveyancer obtains a qualification by completing a conveyancing course to enable it to handle the transfer of real estate from one person to another. They are not lawyers and cannot give legal advice but are licensed to provide conveyancing services only. Conveyancers focus solely on the legal aspects of buying or selling a property, including drafting and reviewing contracts, conducting property searches, and handling the transfer of ownership.

What are the Differences Between a Solicitor and Conveyancer?

One of the main differences between a solicitor and a conveyancer is their level of training and expertise. Solicitors undergo a more comprehensive legal education and training, which allows them to provide a broader range of legal services. Conveyancers, on the other hand, focus solely on conveyancing.

Another key difference between solicitors and conveyancers is their ability to provide legal representation in court. While solicitors can represent clients in court, conveyancers cannot. This means that if a legal dispute arises during the conveyancing process, you may need to hire a solicitor to provide legal advice and solve the dispute whilst a conveyancer is not qualified to provide you with legal advice and representation in this respect.

Why Choose a Solicitor for Conveyancing?

While both solicitors and conveyancers can provide conveyancing services, there are some advantages to choosing a solicitor. One of the main advantages is their broader legal knowledge and expertise. If any legal issues arise during the conveyancing process, a solicitor will be better equipped to handle them.

Solicitors also have the ability to provide legal representation in court if necessary. This can be a significant advantage if a legal dispute arises during the conveyancing process. Solicitors are often the preferred choice for conveyancing. This is because the conveyancing process is rather complex, and it requires a greater level of legal expertise. Engaging a solicitor can help ensure that the conveyancing process goes smoothly and that your legal rights are protected throughout.

Key Take Away
Both solicitors and conveyancers can provide conveyancing services, but there are some key differences between the two. If you’re buying or selling property in New South Wales, it’s important to choose a legal professional who has the expertise and experience to handle the complex legal requirements of the conveyancing process. A solicitor can provide the legal knowledge and representation needed to ensure a successful conveyancing transaction.

Although you may be able to save on conveyancing costs by engaging a conveyancer in lieu of a solicitor, and most times your matter will settle without issue, there is always a chance that a dispute may arise. If a dispute does arise that needs to be resolved or litigated, your choice of professional engaged may prove costly if you are required to incur further legal fees to engage the services of a solicitor to resolve that dispute.

At Fairmont Legal, one of our solicitors that specialises in property law will always have carriage of your matter at all stages of the conveyancing process.

If you are looking to buy or sell, get in touch with us today by telephoning our office on
(02) 8107 4898 or booking a consultation.

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