Property Lawyer vs Conveyancer: What’s the Difference?

When it comes to legal matters related to property transactions, buyers and sellers often encounter two key professionals: lawyers and conveyancers. While both play crucial roles in ensuring a smooth transfer of property ownership, it is important to understand their unique specialties and how they differ.

Property Lawyers

Lawyers are legal professionals who have completed a law degree and are admitted to practice law in their respective jurisdiction. Lawyers are highly regulated and are subject to continuing professional development requirements. They have a broader understanding of various legal matters beyond conveyancing and are qualified to offer advice and representation on a wide range of legal issues. Lawyers can provide comprehensive legal assistance relating to complex property matters.

1. Expertise: Lawyers possess a deep understanding of the law and can provide advice on complex legal matters related to property transactions. They can handle any legal issues that may arise during the process, ensuring you are fully protected.
2. Flexibility: Lawyers can assist with a wide array of legal matters beyond conveyancing. If your property transaction involves additional legal complexities, such as family law, tax implications, or estate planning, lawyers can provide comprehensive guidance.
3. Cost: Lawyers generally charge higher fees compared to conveyancers, reflecting their wider range of legal expertise and the complexity of their work. However, the fees are justified by the comprehensive legal services they offer and their ability to advocate for clients interests across varying questions of law.

Conveyancers:

Conveyancers are professionals who specialise in the conveyancing process (i.e. property transactions) and depending on the jurisdictions may have completed specific training and licensing requirements to practice as conveyancers. Their expertise lies specifically in the transactional aspect of the transfer of property or other dealing.

1. Specialisation: Conveyancers focus solely on property transactions, allowing them to develop expertise in this specific area. They are well-versed in property laws and, regulations insofar as they relate to the process, making them highly efficient in handling property transfers and other property-related dealings.
2. Efficiency: Conveyancers often have streamlined processes and systems in place to expedite property transactions. As their primary focus is on conveyancing, they can efficiently handle tasks such as property searches, preparing legal documents, and liaising with relevant parties involved in the transaction.
3. Limited Legal Advice: While conveyancers can sometimes provide general advice on property matters, their scope is limited compared to that of a lawyer. They cannot provide legal advice on complex legal issues of property law outside the realm of conveyancing. If your transaction involves legal complexities or you require comprehensive legal advice, it is prudent to seek specialist legal advice from a lawyer.

It is worth noting that in some jurisdictions such as New South Wales, a licensed conveyancer is equally qualified as a lawyer to undertake legal work involving conveyancing transactions. A licenced conveyancer in New South Wales can run their own businesses as well as working in a law firm.

In some jurisdictions, it doesn’t matter if you are using the services of a lawyer or a conveyancer because they are grouped together and effectively perform the same legal work.

Understanding the distinctions between lawyers and conveyancers is crucial when navigating property transactions. Lawyers offer comprehensive legal services and expertise beyond conveyancing, while conveyancers specialise in property transfers. By considering the complexity of your transaction, the need for legal advice – and your budget, you can make an informed decision on whether to engage a lawyer or a conveyancer. Ultimately, the goal is to ensure a smooth and legally secure transfer of property ownership.

At FGD we offer assistance provided by both conveyancers and property lawyers. We welcome you to contact us to determine your level of need.

Contact Our Team

If you are thinking of purchasing a property in the ACT or NSW, please get in touch with our experienced property team.

Tiffany Monorom

Property Lawyer

Tiffany joined us as a Property Lawyer after having been practicing exclusively in property and commercial law since her admission as a Legal Practitioner in the ACT Supreme Court.

Tiffany’s focus is to deliver excellent legal service and client experience, in particular, helping first home buyers navigate the complexities of purchasing their first home.

Read More about Tiffany >

Siobhan Garvey

Conveyancer

Siobhan takes pride in providing high-quality service to every one of her clients. Whether it’s buying a first home, or selling an investment property, her main objective is to provide her clients with a conveyancing service that is easy to understand, while still obtaining the desired result.

Her clients appreciate her positive nature and straight-forward approach, knowing they are in safe hands.

Read More about Siobhan >