Do I need a law firm for my conveyancing matter?

There are several reasons why customers choose to use a law firm over a simple Conveyancer for their property purchase or sale.

Using a law firm for conveyancing, which involves the transfer of property through a sale by a vendor or a purchase by a purchaser, has several advantages, most particularly for those that could be high value or complex.

There are several reasons why a law firm is preferable; the first is that a lawyer has had additional training, usually a minimum 5-year degree from an Australian Accredited University. They learn all aspects of Property Law and are licenced and accredited to carry out property transactions in New South Wales.

A Conveyancer, in comparison, completes a much shorter course which was previously Tafe approved and now is a shorter University program that only deals with property transactions and does not cover all aspects of property law. A Conveyancer is licenced by the New South Wales Department of Fair Trading and, in many cases, is subject to less scrutiny and oversight than lawyers who are subject to professional regulation through the Law Society of NSW or their counterpart in each State and Territory of Australia.

There are other reasons why a law firm is better for your property matter.

As indicated above, lawyers have expertise in Property Law. This includes all aspects of the property transaction. These could include things such as a Caveat being lodged against the property, an issue with an encroachment or an issue with fencing, an issue with title, fraud or other duress in property transactions. Licenced Conveyancers cannot deal with these complex property issues, and if they do arise during a matter and cannot be resolved by negotiation, they need to be referred to a law firm for help.

A law firm can provide protection and legal assistance and representation against legal issues when required without incurring additional costs to refer out to a law firm. A Licenced Conveyancer cannot deal with complex issues.

It is cost-effective to use a law firm at the outset, so you do not incur additional costs, and you have the expertise of someone who has studied in Property Law. For these reasons, it is advisable to use a law firm over a Conveyancer. Conveyancers may often price much lower because of their limited expertise and knowledge, so the fees they quote will often reflect that.

At Browne Linkenbagh, we have over 40 years of experience in property law, including purchase and sale, retail and commercial leasing matters. We are happy to assist with any transactions, large or small.