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Understanding Australian Law

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Understanding Australian Law

Hello, my name is Nigel and this is my law blog. The law can be a complicated and complex thing to try and understand, especially if you are not a trained lawyer. I am not a legal professional but I take a deep interest in the law. It all started when my uncle was involved in a lengthy court case and I decided to find out a little bit more about it. I started reading a legal book and didn't stop. I am fascinated by the law so I decided to start a blog so I could share my passion with others.

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When You Need a Conveyancer, and When You Need a Solicitor

22 March 2018
 Categories: Law, Blog

Buying and selling any type of property is not an easy process, and especially for those who have never purchased or sold a home, plot of land, and other such property before. Your real estate agent can assist you through this process in many ways, but you might also want to consider employing the services of a conveyancer and a solicitor. Note a few differences between these two types of professionals, and when you might need one or the other, or even both!

For retrieving documents

A conveyancer assists with everyday aspects of transferring property from one owner to another, including researching the title to ensure there are no other owners who have a claim on that property, scheduling inspections and collecting those final reports, and collecting deposits. These are not legal steps in conveying a property from one owner to another, but are various "chores" that a real estate agent may not handle, and which can be confusing and overwhelming for a buyer or seller.

A conveyancer then handles these types of jobs, ensuring that all such aspects of buying and selling are done properly and in a timely manner, and ensuring both buyers and sellers know what is expected and required of them throughout the process. If you're buying or selling property and aren't sure how to arrange inspections, when you can collect deposits, and so on, hire a conveyancer to help you through these steps.

For legal questions and risks

While a conveyancer can help with many of the everyday "chores" that are needed to transfer or convey property, they cannot answer legal questions, or advise you of certain legal risks. In turn, you may want to consult with an actual solicitor if there are unusual legal risks you would face as a buyer or seller.

For example, if a home or other property has been foreclosed on, a solicitor can advise you of any legal obligations you might face for settling liens against that property. If you're selling a home or other property that has asbestos, a solicitor can note any legal obligations you have for disclosing this information; a buyer might also face legal risks for maintaining a business in a building with asbestos, or for owning a home with asbestos inside or out. If there are any such legal questions or risks involved with your purchase or sale of real estate, you would then need a conveyancing solicitor, and not just a conveyancer.