Buying or selling a property involves multiple steps, and one of the most important decisions you will look to consider is appointing the right professionals to support you through the process. While there is a clear definition of roles for a real estate agent, such as engaging a sales agent to market your property, a buyer’s agent to assist in sourcing off-market property and negotiate listing price, or a mortgage broker to assist in your property financing.
Appointing the right professional to handle the conveyancing process will often lead you to ponder – Should I hire a property lawyer or Gold Coast conveyancer?
What Is Conveyancing?
Conveyancing is the legal process of transferring ownership of a property from one party to another, whether it be in the form of a person or entity. In Queensland, this process is governed by the Property Law Act 1974 (QLD).
Whether you are buying or selling a property, the conveyancing process will likely begin before you even enter into the contract.
When you are looking to buy a property, a copy of the contract presented to you by the sales agent should be sent to your appointed law firm for the property lawyers to review the contract and that you understand the terms and condition of the purchase.
When you are looking to sell your property, your property lawyer will draft and review the terms and condition of the contract, before you sign the contract.
Who Can Do Conveyancing in Queensland?
Compared to other states and territories in Australia, Queensland do not have a separate regulatory body such as the Australian Registrars National Electronic Conveyancing Council (ARNECC) to issue licensing for conveyancer.
In Queensland, the Legal Profession Act 2007 (QLD), administered by the Queensland Law Society and Legal Service Commission provides that all paid conveyancing work must be undertaken by a solicitor in a law firm. Licensed conveyancer, conveyancer, conveyancing paralegal are only allowed to work under the supervision of a solicitor in the conveyancing process.
Conveyancers, licensed or not, are not permitted to operate a company in Queensland offering to conduct paid conveyancing work.
What is the Difference Between a Property Lawyer and Conveyancer
What Is a Conveyancer?
A conveyancer is a professional specialising in property ownership transfer. On a daily basis, they handle most of the behind-the-scene conveyancing process such as assistance with drafting and reviewing contracts, conducting title and certificate searches, arranging building and pest inspections, attending to communication between the relevant parties (real estate agents, other party’s solicitor, taxation officers, council planners, etc.), preparing for the lodgement of title transfers, attending to the settlement and post-settlement matters.
They cannot provide legal or financial advice and may be unable to provide services in certain situations.
What Is A Property Lawyer?
A property lawyer, or solicitor, is a legal practitioner who specialises in matters related to all aspects of property law. They manage the conveyancing tasks and offers comprehensive legal advice on residential and commercial conveyancing, complex property transactions, and provides representations for dispute and litigation matters.
For further information, refer to our separate article outlining – What Does a Property Lawyer Do?
Can You DIY Conveyancing?
In Queensland, yes, you are allowed to handle your own conveyancing work. While you can do your own conveyancing, due to the complexity of property law including the rules and regulations around the transfer of property, we recommend that you seek independent legal advice for your property conveyancing needs.
Making the Right Choice – A Property Lawyer or Conveyancer?
In Queensland, there is not much of a choice between a property lawyer or a conveyancer. It is a legal requirement for you to appoint a law firm for your conveyancing needs.
To check if the person you have engaged is qualified to handle your property conveyancing, you can perform an online check on the Queensland Law Society Register of Solicitors.
At HTW Legal, we understand the complexities of property law and the importance of protecting your legal interest. Our expert property lawyers specialises in providing practical legal guidance to ensure you enjoy a seamless experience on your property conveyancing journey.
📞 Contact HTW Legal Group today for a consultation.
