Conveyancing Lawyer vs. Licensed Conveyancer

Conveyancy is a complex part of the process surrounding the sale of property. The system of conveyance is made up of multiple record searches, legal wrangling, and preparation of official paperwork, all designed to ensure clean transfer of property. The sole purpose of conveyance is to assure the seller’s claim to land is official and unencumbered, and that this claim can be cleanly transferred to the buyer. To work through the conveyance process, a buyer could purchase a do-it-yourself conveyance kit and hope for the best, but given how intricate and confusing conveyance can become, this is not a good option. Buyers are better served obtaining the services of a professional in the field of conveyance matters who can navigate this complicated process toward a satisfactory outcome. There are two different types of conveyance professionals, and both come with their own pros and cons.

Licensed Conveyancer

A licensed conveyancer is a legal professional who has completed a training course created and enforced by the Council of Licensed Conveyancers and has passed the Council’s examination process. In addition to this initial training procedure, licensed conveyancers must complete a prescribed amount of continuing education annually. Licensed conveyancers can be legal professionals with any background and do not need to be property specialists per se. Regardless of their normal area of practice, they are regulated by the Council of Licensed Conveyancers due to their certification. This is the drawback to hiring a licensed conveyancer. Property law may not be their normal area of practice and conveyance may just be something they perform “on the side.” They may not be as well-versed on some more complex legal issues as a bona fide conveyancy lawyer. This drawback is offset by the fact that a licensed conveyance is normally cheaper than a conveyancy lawyer.

Conveyancy Lawyer

A conveyancy lawyer is a solicitor whose principal area of practice is property law and, specifically, the various legal aspects involved in property sale and transfer of title. Conveyancy lawyers are much more focused on this specific area than licensed conveyancers and, as a result of this, are likely to charge higher fees for their services. A conveyancy lawyer is much more qualified to work with the complex legal issues that may come up in a sale, especially if anything out of the ordinary or unanticipated comes up in the process. So when hiring a conveyancy lawyer for this process, the advantage is experience and ability in facing difficult conveyance issues, while the disadvantage is price.

Which Should I Choose?

Which of these two conveyance professionals you should choose really comes down to two things: money and the anticipated complexity of the conveyance process. With a simpler conveyance process where you are pretty sure no strange issues will come up, hiring a licensed conveyancer is your best bet. On the other hand, if it appears the conveyance procedure may be difficult and filled with odd title-related questions and issues that may be out of the ordinary, a conveyancy lawyer is best qualified to face these problems. Price is a mitigating feature here, as complexity concerns might be trumped by how much you can afford to spend. The best approach is to weigh these two factors and obtain quotes from conveyance professionals in your area.

Source: 2010, StampDutyCalculator.com.au

3 Responses to “Conveyancing Lawyer vs. Licensed Conveyancer”

  • I think it would be nice to hire a Conveyancing lawyer because of their practice of property law. I wouldn’t want to try and look at a property without knowing the laws. It just seems like they would be able to give me useful legal information.

  • My husband and I are wanting to sale our house, and we are wanting as much help as we can get to do so. It’s good to know that when it comes to hiring a licensed conveyancer will help make the process as simple as possible. This is something that we will really take into consideration so that we will know that there are no issues coming with it.

    • Bec Reid says:

      Sounds great Harper! All the best in the preparation. It is always important to hire a professional to look after your legals in a sale of a property. If you are in Sydney we can help you with the sale and give you any advice in terms of preparation for sale as well. All the best, Bec

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