Which Should You Choose: Conveyancer or Property Lawyer for Your Property Transactions?

As you embark on the legal journey of buying or selling, you may wonder about the differences between a conveyancer and a property lawyer. This article clarifies these distinctions, enabling you to make an informed choice, whether your needs involve a straightforward transfer or a more intricate property deal.

What is a Conveyancer?

A conveyancer is a licensed expert who assists clients throughout the property transaction process, ensuring compliance with all legal requirements. Their responsibilities typically include:

• Drafting contracts for the sale and purchase of land

• Advising clients on their rights and obligations

• Conducting property searches and title checks

• Ensuring proper assessment and payment of stamp duty

• Facilitating the settlement process

  
  

What is a Property Lawyer?

A property lawyer is a qualified legal professional who performs the same functions as a conveyancer but can also provide legal advice and representation in more complex property transactions and disputes. Their expertise extends to:

• Resolving disputes regarding property ownership or title

• Navigating complicated contracts or legal frameworks

• Handling transactions involving commercial properties or developments

• Disputes concerning conveyancing transactions (i.e failure to complete)

  
  

Key Differences Between a Conveyancer and a Property Lawyer

In New South Wales, a conveyancer typically completes a diploma in conveyancing through TAFE NSW and is accredited by NSW Fair Trading. Conversely, a property lawyer possesses a law degree and has undergone rigorous legal training before being admitted as lawyers of the Supreme Court of New South Wales. This qualification allows them to offer a broader range of legal services, and they are accredited by the Law Society of New South Wales.

While conveyancers can manage basic legal aspects of property transactions, they are limited in their ability to provide legal advice on matters beyond conveyancing.

On the other hand, a property lawyer can perform all the services offered by a conveyancer but is also equipped to advise on more complex legal issues. This includes commercial property transactions, off-the-plan purchases, contracts with unusual terms, disputes over ownership or title, and high-risk transactions such as properties under development or those facing legal claims.

The role of a property lawyer goes beyond standard conveyancing tasks; they provide essential legal advice that helps mitigate potential issues in the future. Many conveyancing lawyers offer fixed-fee services for their work, making the additional cost worthwhile when dealing with complex transactions requiring specialised legal knowledge.

The Value of Specialised Strata Law Expertise and MTK Lawyers

At MTK Lawyers, we recognise the critical importance of specialised expertise in strata law, particularly when it comes to conveyancing. Strata properties involve unique complexities that require a deep understanding of relevant legislation and regulations.

Our team is well-equipped to address specific issues such as by-law enforcement, common property management, and dispute resolution among owners which are areas often overlooked by conveyancers. This specialised knowledge enables us to provide proactive solutions that not only comply with legal requirements but also promote harmonious living within strata communities.

By choosing MTK Lawyers, you gain access to a level of expertise that goes beyond basic conveyancing services, ensuring your interests are fully protected and any potential issues are resolved efficiently and effectively. We pride ourselves on being more than just conveyancers; we are your dedicated partners in navigating the intricacies of strata ownership, offering tailored legal solutions that meet your specific needs.

If you require our assistance, please contact us by telephone on (02) 9525 4900 or by email: info@mtklawyers.com.au