What is a Conveyancer? Are they the same as a lawyer?

conveyancer

#1

Every property has a title of ownership. A conveyancer oversees and manages, the actual transaction of this title from one person to another person. This is what people refer to as conveyancing.

Conveyancers are different from a lawyer as they have been trained in just conveyancing. There are lawyers though who specialise in just conveyancing.

The role, and timing, of the conveyancer’s role does differ from state to state, but generally they are involved in preparing and or reviewing the sales contract, mortgage and other related documents when buying or selling a home, land or investment property.

Sellers and buyers both need a conveyancer to complete the sale and transfer. Chose one early in your property journey.

For sellers, they prepare the sales contract as well as organise any other legally required documentation.

For buyers, we advise you appoint one before you sign any legal documentation. They will verify boundaries, easements or planning restrictions which can drastically alter a property’s potential.

In short, they can help prevent you buying a lemon.

You can do the work yourself but it is rather complex and if you get this wrong it can mean years of pain.


#2

A conveyancer can be either a lawyer who practises in conveyancing or a non-lawyer who has been licensed to complete conveyancing transactions.

There is an advantage in using a lawyer whose practice focuses on conveyancing and property law, as a lawyer can offer services beyond those provided by a non-lawyer licensed conveyancer.

A simple example is where advice is needed regarding the most appropriate way to own a newly purchased property as part of an estate planning strategy. I regularly prepare Wills and Powers of Attorney for clients and this is often part of a complete package involving the purchase or sale (or both) of real estate, including the conveyancing process.

Only a lawyer can provide legal advice and perform the legal work associated with matters that are related to conveyancing, but go beyond the actual conveyancing matter alone.


#3

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