Why you should use a solictor for conveyancing

By Claire Arnold, Chief Marketing Officer, Keylaw Conveyancing
 
Buying or selling property is one of the most significant financial transactions most people will ever make. It typically represents a key milestone, whether it’s buying a first home, upgrading or downsizing the family home, or selling an investment property. Given the importance of property transactions, every aspect of the process must be handled with care, and this is especially true when it comes to conveyancing.
 
What is conveyancing?
 
Conveyancing is the legal process of transferring property ownership. It involves everything from drafting and reviewing legal clauses in sale contracts to ensuring that the property title is free of any encumbrances, managing financial adjustments related to the property, and protecting your interests as a buyer or seller throughout the contract period.
 
Conveyancing requires a thorough understanding of property law, and careful management of contractual milestones and documentation to ensure the transaction proceeds smoothly. It’s a process where mistakes can have serious consequences, which is why handling it on your own without professional assistance is risky.
 
Can I do my own conveyancing?
 
Attempting to manage the conveyancing process on your own might seem like a reasonable option at a time when many people are looking to save on costs, but it comes with significant risks. Here’s why using a law firm for conveyancing is the best option;
 

1. Expertise

A solicitor’s involvement in the conveyancing process means that your property transaction is guided by a professional who is trained to handle complex legal issues. This is critical, as conveyancing is a complicated area of the law, with many potential pitfalls. A small oversight, such as misunderstanding a clause in the contract, or missing something important about the property revealed in the searches, could lead to a breach of contract, financial losses, and legal disputes down the line.

 A solicitor who specialises in conveyancing will have a broad knowledge of conveyancing law, and will be trained to spot issues that could affect your sale or purchase ahead of time.
 

2. Contract Reviews

The contract of sale is full of legal jargon and clauses that may not be clear to a layperson. A conveyancing solicitor can review the contract to identify any unfavourable or unclear terms, negotiate changes, and draft new clauses where necessary. This could include ensuring clauses related to property defects, the timing of settlement, and other specifics depending on your needs and circumstances, are legally binding and protective of your rights. 
 

3. Negotiation Skills

Buying or selling property often involves the negotiation of one or more milestones set out in the contract of sale. It is the role of your legal representative to negotiate on your behalf, ensure that your rights are protected, and to achieve the best possible outcome for you.
An experienced conveyancing solicitor will have well-honed negotiation skills, as well as being able to inform you of your rights and obligations at every stage of the contract period.
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4. Risk Mitigation

Using an experienced solicitor for conveyancing means you are better protected from future legal disputes. Solicitors not only help ensure the transaction proceeds smoothly, they also conduct and review searches and checks on the title, reducing the risk of hidden issues with the property emerging later.

Choosing the right conveyancing law firm

One of the key decisions you’ll need to make when buying or selling property is choosing a legal professional to act for you in your purchase or sale. In Queensland, only legal practices are allowed to offer conveyancing services, and conveyancers must work under the supervision of a solicitor. 
 
While many law firms offer a conveyancing service, the type of service delivery and costs of conveyancing differ significantly depending on who you choose to handle your transaction.

As a guide, things to look out for are;

• How much experience the law firm has in conveyancing;
• Whether or not the law firm specialises in conveyancing, or offers it as an add-on service;
• What the legal fees will be for the conveyance, and whether the fees are fixed;
• Feedback from former clients of the law firm (recommendations from family and friends, or online reviews)

Conclusion
In conclusion, conveyancing is a critical part of any property transaction, and it requires professional expertise. While it may be tempting to handle the process yourself to save costs, the complexity of conveyancing law and the serious potential implications of mistakes make this a risky option.
Engaging an experienced conveyancing solicitor ensures that your rights are protected throughout the transaction, legal documents are thoroughly reviewed, and potential risks are mitigated. Choosing a law firm that specialises in conveyancing can make all the difference in ensuring a smooth and stress-free property sale or purchase.