So you’ve decided to sell or buy a property. You need someone who can represent you in the preparation of all documentation necessary to settle the Property. If you’re buying, you may also need someone to review the Contract of Sale that comes with a property advertised. You want to engage the services of someone who can provide a broad scope of conveyancing services so that you can be confident you are fully protected and all the legal paperwork necessary for settlement will be prepared. This is where the distinction between a Lawyer and Conveyancer is so important.
Conveyancers can either possess the qualifications necessary to practice conveyancing or they can be a lawyer. If you decide to use a Conveyancer who is not a lawyer, the rule of thumb is that they need to be fully licensed, otherwise they can’t practice conveyancing at all! Therefore, it is always a good idea to ask a conveyancer to demonstrate that they are fully licensed, so you can be satisfied the person representing you is legally allowed to.
Furthermore, it is important to bear in mind that conveyancers who are not lawyers are limited in the scope of conveyancing services they can provide you. This is because certain services can only be executed by lawyer. For example, if you have Contract of Sale and Vendor’s Statement that requires a review of the acceptable and unacceptable terms or risks associated with buying the property, only a lawyer can provide this service followed by written advice. If you require a Power of Attorney to sign the Contract, it must be certified by a lawyer and the certified copy to be provided at settlement. If you are selling, the Contract of Sale and Vendor’s Statement must be prepared by lawyer. A conveyancer who is not a lawyer legally cannot perform these services, and must therefore rely on the help of a lawyer. As a result, you may be charged an extra fee.
Furthermore, the other risk with using a conveyancer who is not a lawyer is that it they may very well operate out of bounds into lawyer territory. If they work beyond their limited scope, their insurance is deemed void – and there’s no way for a layman to tell when they do. Even so, it might be too late. Lawyers, on the other hand, are unlimited in their scope of conveyancing work, offering you full cover under their professional indemnity insurance, just in case there is a hick-up in the settlement process. You can be confident that a legal professional with specialist skills and experience in property law is representing you.
Here at ThinkConveyancing.com.au we are lawyers. Highly experienced lawyers, and invested in ensuring every single client of ours settle their property on time. This is why we have happy customers, and why many have recommended us for conveyancing and continue to use us as their conveyancer. Your lawyer at Thinkconveyancing.com.au works full time in conveyancing and is available to you around the clock.