Solicitor vs conveyancer: what's the difference?
You’ve finally started the process of buying a house, which means you’ll need to have a solicitor or conveyancer represent you when it’s time for settlement. But you're not sure if you should get a solicitor or a conveyancer. If solicitors and conveyancers can both do conveyancing work, what's the difference between the two professions?
In this article, we provide an overview of what a solicitor and conveyancer do, which could help you choose the right person for the job.
What is a conveyancer?
When buying a home, a conveyancer will be responsible for organising the transfer of the land title into the new owner's name and preparing all the documents needed for property settlement. They will communicate with the seller's representatives on the buyer's behalf.
The conveyancer is often listed on the contract of sale. Before the buyer signs anything, they will usually review the contract to ensure all details are correct and the buyer is happy with the terms. They may carry out a title search on the property if this hasn’t already been done.
In terms of home loans, a conveyancer also assists with the legal and administrative work involved in finalising your mortgage and property purchase.
Conveyancers specialise in property transactions—meaning they do not always have the same extensive legal knowledge as one expects from a solicitor. However, a conveyancer can also be a solicitor, though this is not always the case.
What is a solicitor?
A solicitor is a legal professional and usually has more legal expertise. They can provide buyers with advice on matters of property law and can handle complicated legal issues a conveyancer may be unable to do. A solicitor handles the same things as a conveyancer when buying or selling, including guiding buyers through the settlement process and representing them throughout.
Solicitors may offer conveyancing services; however, they may handle other legal issues as well. There may be solicitors that specialise in conveyancing and property transactions, but not all solicitors are conveyancing solicitors.
Solicitor vs Conveyancer: What are the main differences?
Solicitors and conveyancers may provide similar services; they differ in qualifications, specialisation, and cost. Let's sum up the key differences in the table below:
| Conveyancer | Solicitor | |
|---|---|---|
| Legal knowledge | Conveyancers are not always solicitors. They may not have the same extensive legal knowledge. |
Solicitors can also be conveyancers. Solicitors provide the same services as conveyancers, as well as property law advice and help with difficult legal issues. |
| Conveyancing knowledge | Experts at conveyancing. | Not always experts at conveyancing. May also practise in other fields. |
| Rate | Can be cheaper. Usually charge a flat fee . | Can be more expensive. May charge by the hour. |
Should you choose a solicitor or conveyancer?
If you live in Queensland and the ACT, the choice is made for you: only a solicitor or an experienced paralegal under supervision can help you with conveyancing. However, if you live in any other state or territory, you’re free to choose a solicitor or conveyancer. One option may be more suitable than another in a few different circumstances.
You may choose to hire a conveyancer if you believe the sale will be relatively straightforward, you want to reduce your costs and/or know exactly how much they will be. On the other hand, a solicitor may be more suited if the sale is complex or the property is of high value, you have concerns about the transaction going smoothly, and/or want someone on hand if you need property law advice.
A solicitor or conveyancer can get your property transaction over the line. If you hire a conveyancer and end up needing the help of a solicitor, you can still hire a solicitor to represent you later on.
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