First, what is conveyancing? Conveyancing is the transfer of legal title of real estate from one person to another. For further information on the process, review our article: Conveyancing Buying and Selling.

Conveyancer or Lawyer? Who should I choose?

So, who do I choose? A lawyer or conveyancer? The right decision will depend on a number of factors. Here are some questions to ask when it comes to making the decision:

• Peace of mind:  For most of us, purchasing a property will be the biggest purchase of our lives. It's important your rights are properly protected from the many risks and dangers that can come up in conveyancing. Ask about what protection is in place if something goes wrong?
• Price:  Fixed fee conveyancing is very common with both lawyers and conveyancers. Make sure you know what is included. Are there any hidden charges? What happens, for instance, if something goes wrong? What services are included? Are all fees and charges disclosed up front?
• Service:  Ask, who will be doing the work? If you choose a law firm, will a lawyer be doing the conveyancing work? If you choose a conveyancer, is it the licenced conveyancer completing the work or another member of the team?
• Expertise: Generally, conveyancers have knowledge in that area only and are restricted from advising or assisting in other legal areas, or if a dispute arises. Lawyers, on the other hand, have a broader knowledge of the law and can assist in all legal matters. This enables them to provide legal advice on issues that may arise outside of the conveyancing transaction.
• Qualifications: If you are considering choosing a conveyancer, you can check they are licensed at Consumer Affairs Victoria. You can also see if there are any licence conditions. Regarding lawyers, not all lawyers have the same level of experience, so it's good to check if they are familiar with the latest developments and laws.
• Specialist advice: Property laws are constantly changing. The Law Institute of Victoria provides accreditation for Property Lawyers. Accredited Specialists have undergone rigorous assessments and exams to prove their knowledge and expertise. They must also maintain a high degree of professional development in their area of specialisation. You can choose an Accredited Specialist in Property Law from the Law Institute of Victoria list of Accredited Specialists.

How can Sharrock Pitman Legal help?

There are many different things that need to be carefully handled once a Contract is signed, such as clauses that the Contract is dependent on, ie. finance, building and pest inspections, changes to your off the plan development that need to be quickly acted on, delays with settlement, applying for duty concessions, delays with the bank, and the list can go on.

For peace of mind that your sale or purchase is being taken care of with skill and expertise, we have an Accredited Specialist in Property Law and a team of experienced property lawyers who can guide you through any property transaction. Call us on 1300 205 506 or complete the form below.

The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

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