Solicitor vs Conveyancer – What is the Real Difference?

KEY TAKE-OUTS

• What is the difference between a solicitor and a conveyancer?
• Can a conveyancer help me purchase a property in another state?

Looking to buy or sell, but unsure if you need a conveyancer or a solicitor? Unsure of the difference between the two? You may have already cast your eyes upon Melina’s blog regarding this similar topic. This blog will identify the difference between the two. It is important to remember that both solicitors and licensed conveyancers are trained and regulated professionals that are qualified to practice in property law, it isn’t so much a matter of who will do the job better, but who is most suited to meet your property needs.

What is the difference between a Solicitor and Conveyancer?

As Melina’s blog outlines, a licensed conveyancer is a qualified practitioner that can act on your behalf in property transactions. Their role is to assist you with either buying or selling or transferring property which may include drafting a Contract for sale, advising on a Contract for a potential purchase and so on.

A solicitor can also act in this same capacity in property-related transactions. The important difference between a Conveyancer and Solicitor, as we already know, is that a Solicitor can act in other areas of law, whereas a conveyancer is only licensed to act in property-related transactions.

Another important difference is that a solicitor can act on property transactions Australia wide, not specific to the state that their certificate was received. Conveyancers are only permitted to transact in the state that they are licensed. This is particularly important in the current market we are seeing with an increase in investment property purchases in states outside of NSW.

So, what is the real difference?

When it comes to property, solicitors and conveyancers do both the same work. The only line of difference is where the property that is subject to the transaction is located. A Conveyancer that is issued with their qualifications in NSW, can only transact on NSW properties. An admitted solicitor can transact in all states in Australia.

If you are looking to purchase a property outside of the state you reside in, you are able to engage a solicitor in your state to do so or alternatively a conveyancer in the state that the property you are purchasing is in. So for example, if you reside in NSW and looking at purchasing in QLD, you can engage a solicitor in NSW to assist you with this, or alternatively, you can engage a conveyancer based in QLD. You cannot use an NSW based conveyancer for a QLD property purchase.

Here in Coutts, we have an in-house team of lawyers that specialise in interstate purchases and sales. If you are looking to buy or sell in any state outside of NSW, get in touch with us today!