When you purchase or sell a property in Victoria, you will need to engage a Conveyancer or Solicitor to undertake the conveyancing work. Although, they both offer similar services for property transactions, there are differences between the two which you will need to consider depending on your conveyance and situation.
What is a Conveyancer?
A licensed Conveyancer is licensed to act for a person in the sale or purchase of a property or business. A licensed Conveyancer can also advise you on leases and mortgages. Conveyancing transactions in law firms may be undertaken by conveyancing clerks who are supervised by a Solicitor.
To become a licenced Conveyancer, you are required to have the following:
– completed a law degree or the Advanced Diploma of Conveyancing (1.5 years full time);
– completed 12 months full time experience within the last 5 years carrying out conveyancing;
– has a minimum of $2 million professional indemnity insurance; and
– apply for a licence.
Licenced Conveyancer only deal with conveyancing transactions, have greater knowledge of everyday conveyancing files and problems, usually have higher volumes of conveyancing work and cannot deal with complex legal issues, general legal issues or disputes.
What is a Solicitor?
Solicitors can practice in any area of law. Solicitor who predominately practice in property law have a broader knowledge of the law (tax implications, stamp duty exemptions, agreements and disputes) and are often experienced in other areas of law.
To become a Solicitor, you are required to have the following:
– completed a Bachelor of Law (4 years full time) or Master of Laws Juris Doctor (3 years full time);
– once you have completed the above course, you need to either complete a Practical Legal Training (6 months full time) or Supervised Legal Training (12 months of supervised workplace training in a law firm);
– once you have completed the above, you need to be admitted to the court to be a practicing Solicitor;
– apply for a practising certificate;
– hold professional indemnity insurance; – you must complete a minimum of 10 CPD units each year (1 April to 31 March), including at least 1 CPD unit in each of the 4 compulsory fields; and
– lastly, you need to complete 2 years of supervised legal practice (18 months to 2 years) to be a unsupervised Solicitor.
Solicitors can practice in any area of law, they are more regulated than Conveyancers, can advise on complex issues and general legal issues, typically charge more than Conveyancers and usually have a broader knowledge of property law (particularly if they are a property or commercial Solicitor).
Why should you choose Conveyancing Assist?
You have the best of both worlds! Our founder Sarah Hogan has the education, knowledge and experience of a Solicitor and only practices in Conveyancing transactions.
