When navigating the complex process of buying or selling property, two key professionals often come up: conveyancers and solicitors. Although both are involved in legal aspects of property transactions, their roles differ significantly in terms of responsibilities, specialisation, and the level of legal services they provide. For your property transaction in NSW you are best choosing a Solicitor, particularly given that it is not worth the risk of using a conveyancer, together with other reasons we outline in this article.
Our conveyancing and property solicitors at Szabo & Associates Solicitors can help you should you need to buy or sell property in NSW.
What is a Conveyancer?
A conveyancer is a licensed professional specialising in property law who handles the legal aspects of buying and selling real estate, particularly the transfer of property title. They ensure all legal requirements are met, and the transaction proceeds smoothly.
In New South Wales, conveyancers assist with:
- Preparing contracts for sale: Ensuring contracts meet legal requirements and reflect the transaction terms
- Conducting property searches: Checking for encumbrances, zoning issues, or unpaid rates that may affect the property
- Liaising with other parties: Working with real estate agents, banks, and professionals to ensure all processes are in order
- Arranging settlement: Coordinating the financial and legal aspects of settlement to complete the transfer
Conveyancers focus primarily on property transactions, handling procedural and regulatory aspects efficiently.
What is a Solicitor?
A solicitor is a qualified lawyer with a broader legal background. They are equipped to handle property transactions and more complex legal issues. They have completed extensive legal education and training, allowing them to provide a higher level of knowledge in various legal matters. While solicitors can handle all the tasks of a conveyancer, they offer a more comprehensive range of services, including:
- Legal advice: Solicitors can provide skilled legal advice on complex matters that might arise in a property transaction, such as disputes, unusual contract terms, or concerns about the property's legal status.
- Contract negotiation: Solicitors are trained to negotiate the terms of contracts, representing their client's best interests, particularly in more complicated transactions.
- Handling disputes: If alegal dispute arises before, during, or after a property transaction, a solicitor can represent you in negotiations or court proceedings. This might include issues like breaches of contract, boundary disputes, or ownership claims.
- Wills and estates: Solicitors can advise on the impact of property transactions on a client's will, estate planning, or tax situation, which may be especially relevant for individuals dealing with inherited properties.
Which One Do You Need?
The decision of whether to hire a conveyancer or a solicitor depends on the complexity of your property transaction.
Choose a conveyancer if:
- You are buying or selling a standard residential property
- There are no significant legal complications or disputes
- You are looking for a cost-effective solution
- If you are certain that there will be no legal dispute in relation to your property dispute. This can never be a certainty
Choose a Solicitor if:
- You are buying or selling a commercial property
- The property transaction involves complex legal issues
- You require legal advice on other matters related to the property transaction, such as taxation or estate planning Business contracts are fundamental to maintaining healthy, professional relationships and protecting your legal interests.
Contact Szabo & Associates Solicitors for Help with Your Property Transaction
Conveyancers and solicitors play vital roles in property transactions, but understanding the differences between their services can help you make an informed choice. If you are unsure which service you need or have any questions about your upcoming property transaction, our experienced team is here to help. Contact us today for skilled guidance tailored to your situation.