Conveyancer or solicitor: which do you need to buy or sell a home?

Both a licensed conveyancer and a solicitor can handle the legal transfer of a property. The difference is in what they are qualified to do beyond that, how they are regulated, and what happens if your matter stops being routine.

What a licensed conveyancer does

A licensed conveyancer is trained and licensed specifically in property transfers. In NSW they are licensed by NSW Fair Trading, in Victoria by the Business Licensing Authority, with Consumer Affairs Victoria regulating conduct. They prepare and review contracts, run searches, manage the deposit, duty and adjustments, and settle the matter. They carry professional indemnity insurance. They cannot give legal advice outside conveyancing: if your purchase involves a dispute, a trust or company structure, a deceased estate, a family law settlement or a tax question, they must refer you to a lawyer.

What a solicitor does

A solicitor is admitted to practise law generally and can act in a conveyance as part of that. A property solicitor can advise on the surrounding issues, draft non-standard clauses, act if a dispute arises over the contract, and represent you if settlement goes wrong. Solicitors are regulated by the Legal Services Commissioner and the Law Society in NSW, the Victorian Legal Services Board and Commissioner, and the Legal Services Commission and Queensland Law Society, and also carry professional indemnity insurance.

Queensland is different

Queensland does not have independent licensed conveyancers. Conveyancing in Queensland must be carried out by a solicitor or under a solicitor's supervision, so a Queensland conveyancing firm is a law firm.

Does it cost more to use a solicitor?

Not necessarily. Fees depend on the firm's model more than the practitioner's title. A fixed-fee online firm staffed by lawyers can cost the same as, or less than, a suburban conveyancer who charges per step. The questions to ask are whether the fee is fixed and all-inclusive, who does the work day to day, and what happens if the matter becomes complex.

When the choice matters

• buying through a trust, company or self-managed super fund
• a deceased estate, family law transfer or a transfer between related parties
• off-the-plan purchases with long sunset clauses
• any contract with unusual special conditions, or a vendor who has already breached one
• a dispute during the transaction: a failed finance clause, a vendor refusing to settle, a defect found at the final inspection

What you get at Settle Easy

Settle Easy is an incorporated legal practice. Matters are handled by a team of qualified property lawyers and licensed conveyancers, so a routine transfer is done efficiently at a fixed fee, and if something goes wrong a lawyer is already on the file. We work in NSW, Victoria and Queensland, entirely online.