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When do I need a lawyer vs a conveyancer?


Conveyancing deals with the intricacies of buying and selling a property to protect your interests and ensure you get the most out of the process. Conveyancing is a service performed by a conveyancer, or a lawyer with conveyancing experience. Knowing how to choose between a lawyer, or a conveyancer can be tricky, but here’s what to look for.

 

What is a conveyancer?

 

In Australia, a conveyancer who is not a lawyer, completes a conveyancing course and is legally permitted to complete conveyancing services only in the state where they studied. They are covered by professional indemnity insurance solely for conveyancing tasks, not legal ones.

 

Think of a conveyancer as a personal assistant with legal property advisory experience. They are the go-between person for you, the vendor, and any lawyers to ensure all documents relating to the sale or purchase of property are completed.

 

If you’re buying, a conveyancer does these things and more:

 

  • Checks the contract

  • Obtains conducts a search of title

  • Obtains rate and planning certifications for the area

  • Prepares transfer documents

  • Liaises with your bank and provides documents

  • Arranges and attends settlement

  • Arranges for stamp duty payments

 

If you’re selling, a conveyancer does these things and more:

 

  • Prepares a Section 32 (vendor’s statement)

  • Obtains and examine search of title

  • Checks the contract and help you understand the terms and legal jargon

  • Liaises with your bank about your mortgage

  • Prepares documents and releases the deposit

  • Transfers documents between relevant parties and services

  • Arranges and attends settlement

 

What can a lawyer do, that a conveyancer cannot?

 

A conveyancer can share documents between relevant parties, but they can’t review your feedback and provide advice; that’s where a lawyer comes in. If your Contract of Sale or Vendor’s Statement contains terms you’re not happy with, you’ll need a lawyer to review the documents and advise you on how to proceed. Also, if you require Power of Attorney to sign the contract, it must be certified by a lawyer in order to proceed.

 

Do you really need conveyancing services?

 

Yes. Buying or selling a home is not only legally complex, it’s also an emotional roller coaster. If you’re buying, you may have to go through the stressful process of bidding at auction, or negotiating with the vendor back and forth behind closed doors. If you’re selling, you may need the money for your next endeavour, and be desperate to achieve a certain sale price.

 

No matter what side you’re on, the stress can leave you exhausted which is not a good frame of mind for negotiating terms and reading through documents. A conveyancer can help make this easier by explaining terms, and reminding you which documents need to be completed and when.

 

Conveyancer vs. Lawyer/Conveyancer

 

A conveyancer takes the stress out of the buying and selling process by helping you understand the fine print, and liaising with relevant parties. If the process starts to become more complex, and more documents require editing and changing; it’s time to look for a lawyer with conveyancing experience.

 

Think of it this way; if your process of purchase or sale is very straight forward; you can use a conveyancer. If you wish to negotiate terms; you’ll need a lawyer.

 

Once you’ve deduced how simple your transaction will be, and whether negotiations are needed, you can decide if you need to enlist a conveyancer or a lawyer with conveyancing experience. Luckily, many firms offer both, so you can always transition to using a lawyer if needed after the process has begun.

 

Article provided by conveyancing.com

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