Conveyancing Solicitor vs. Licensed Conveyancer

When it comes to the sale of a property, Conveyancing is a complex and important part of the process surrounding the a property transaction.

Conveyancing is made up of multiple record searches, legal wrangling and negotiating, preparation of official documentation and preparation of final disbursements prior to property settlement which are all taks designed to ensure a legitimate transfer of property. The sole purpose of conveyance is to ensure 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 conveyancing process, a buyer or seller, could easily purchase a do-it-yourself conveyance kit and hope for the best. Given how intricate and confusing contracts can become, along with the enormity of the consequences of this type of transaction, we don’t believe it is a good option and we highly discourage this.

Buyers and sellers are much better served by engaging the services of a legal professional who will assist them in a satisfactory outcome.

There are two different types of professionals who can be considered and both come with their own advantages and disadvantages.

Licensed Conveyancer

A licensed conveyancer is a legal professional who has completed a training course created and enforced by the Council of Licensed Conveyancers. They have also 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; they 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 conveyancing 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 conveyancing solicitor. On the flipside, their services fees may be cheaper than a conveyancy lawyer.

Conveyancing Solicitor

A conveyancing solicitor whose principal area of practice is property law and, specifically, the various legal aspects involved in property sale and transfer of title. They 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 conveyancing solicitor 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 engaging a conveyancing solicitor, the advantage is experience and ability in facing difficult conveyance issues, while the disadvantage is higher cost for service.

Which Is Best for me?

Which of these two professionals you should choose really comes down to two things: money you have budgeted for legal fees and the anticipated complexity of the transaction. With a simpler transaction where you are pretty sure no strange issues will come up, hiring a licensed conveyancer could be your best bet. Alternatively, if it appears the your transaction could be difficult and filled with odd title-related questions and issues that may be out of the ordinary, a conveyancing solicitor 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 professionals in your area.

If you would like any reccomendations, please contact our office to hear good experience stories with both conveyancing solicitors and licensed conveyancers who our clients and team have dealt with over the years.

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