Buying a house has to be one of the most fortunate events a person can experience in the entire life. But, all this joy aside, something as significant as acquiring a property is a great responsibility and puts a lot of money on the table. So, if you want everything to go smoothly you need to approach this issue with due diligence and pay attention to all aspects of the transaction, especially its legal side.
So, let us start untangling this mess by covering one of the main obstacles the people face when buying a property and that is choosing the appropriate legal representative. With that in mind, what are the main differences between a conveyancer and a lawyer?
Who are conveyancers and what do they do?
Essentially, conveyancers are the legal professionals who specialize in executing property transactions or speaking in professional lingo – conveyancing. This makes them very similar to the solicitors with the main difference being that their field of operations focuses strictly on the property law. That being said, although some conveyancing professionals hold a bachelor’s degree in law, this, in most cases, is not required by law.
Also, we would like to remind you that the conveyancing services are usually present in the Commonwealth countries and nations with historical ties with British Empire like Kenya. So, if you are, for instance, looking for professional conveyancing in Essendon, Australia, you will be able to find a good selection of experienced experts. Buying a property in the United States, however, will most likely be handled by a professional solicitor.
So, what services exactly are you paying for? Well, the daily agenda of a professional conveyancer usually includes the following tasks:
- Going through the conveyancing contract, looking for unwanted clauses, and drafting the terms that will hold up in the court of law.
- Providing the legal advice on the contract, explaining the legal implications of certain causes, and recommending different types of insurance.
- Collecting reports about the history of the property as well as analyzing council reports and other necessary documents.
- Preparing settlement papers and arranging different terms like settlement dates.
Who are lawyers and what do they do?
Lawyers, also known as solicitors, are legal professionals whose expertise and field of work go way outside the narrow borders of property law. That doesn’t mean some lawyers don’t spend their entire careers specializing in some focused area – as a matter of fact, most professionals in today’s legal practice will be deeply rooted in some narrow law niche.
However, it should be mentioned that starting your legal practice as a lawyer you need to have a formal education and a bachelor’s degree. This difference shouldn’t be neglected since professional lawyers will be legally suitable and capable of dealing with cases straying out of the regular’s conveyancer’s scope. If the property transaction you intend to make may include the disputes and settlements not covered by the property law, a professional lawyer will be capable of providing a much broader scope of services.
Keep in mind, though, that this broader field of expertise also entails a small but noticeable price bump.
Which professional to choose?
This will largely depend on the property transaction you need to handle. In most cases, you will simply need to see the previously agreed terms to their legally binding end. These are the situations where the conveyancers’ services will prove to be not only sufficient but, due to lower price and highly focused expertise in the issues of the property law, also much more preferable.
However, the legal mazes can often end up being far more complicated than we initially bargained for. If you suspect your property purchase will entail some legal aspects that are not necessarily rooted in the field of property law, the professional lawyers will be capable of providing a much broader set of services for a small increase in price.
In conclusion
We hope these couple of considerations cleared up any sort of doubts regarding what type of legal professionals you need to choose to make the purchase of your future home successful. Acquiring a property is a huge deal that requires all the patience, care, and diligence you can afford. You will put a lot of worries to rest if you pick the right professional to handle this job. Now, you know where to start.
