Do You Need a Conveyancer to Buy a House? January 31, 2023

Property lawyers and conveyancers are the experts in house buying. They act as your translator and adviser, guiding you through the complex process. But is there a difference between the two? And if you have a property lawyer, do you need a conveyancer to buy a house? If you have questions, don’t worry! Below we share the answers to frequently asked questions.

What is a conveyancer?

A conveyancer facilitates the process of transferring property ownership from or to a new person or entity. This process can be complex, involving numerous financial and administrative tasks, as well as various electronic platforms. They will represent your interests as the vendor or purchaser, prepare and lodge legal documents, liaise with financial institutions, calculate adjustments of taxes and rates and finalise settlement. Your conveyancer will also notify the relevant authorities of the ownership change once settlement has occurred.

What is the difference between a conveyancer and a property lawyer?

Both conveyancers and property lawyers are qualified to assist in property transactions. However, property lawyers are qualified to provide legal advice in relation to property law matter (whereas conveyancers are not). A conveyancer is perfect for the job if the property transaction is straightforward. If more complex issues such as funding / guarantee issues, caveat disputes, or family law disputes are involved, a property lawyer can be more equipped to deal with things.  Also, a law firm that incorporates various departments (such as litigation, commercial and family law teams, like at Marshalls+dent+wilmoth Lawyers) is much better placed to assist with a breadth of complex matters that sometimes arise during property transactions, without the need to seek external assistance, like standalone conveyancing firms. 

Do you need a conveyancer to buy a house?

In our view, you should never sign a contract of sale for property without having received legal advice in relation to the sales documentation first. Unlike real estate agents (who are typically motivated by their commission), lawyers work for you and will look out for your best interests.

Buying property is a complicated process, and you want to ensure that all documentation is watertight and legally effective. A lot can go wrong without the help of a lawyer or conveyancer (engaged by a law firm), so make sure you engage a law firm to assist you.

Need a Property Lawyer or Conveyancer?

The Property Law department at marshalls+dent+wilmoth specialises in all aspects of commercial, residential and rural property. As property transactions become increasingly complex, we have the expertise and dedication to create the best legal strategy to meet our client’s needs. Our Commercial and Litigation departments support our Property Law team as part of our comprehensive in-house system.

You can count on our Melbourne property lawyers to advise you on conveyancing, commercial leasing, institutional lending, and more. Take the stress and complexity out of purchasing your home, and get in touch with our team today to learn more about what we do.