Conveyancer vs Lawyer in Queensland: Why You Should Consider Using a Lawyer for Every Property Transaction

Buying or selling property is one of the largest financial transactions most people will undertake. Whether the property is a family home, investment property, commercial premises, development site or rural property, the transaction involves legally binding documents, strict contractual deadlines and potentially significant financial and legal consequences.

A common question is whether you need a solicitor for this, or will a “conveyancer” be sufficient.

In Queensland, the answer is somewhat different from other Australian states.

Is there a difference between a conveyancer and a lawyer in Queensland?

Queensland does not have a separate licensed conveyancer profession in the same way that some other Australian jurisdictions do.

The term “conveyancing” describes the legal process involved in transferring an interest in property from one party to another. This includes reviewing contracts, conducting searches, dealing with financiers, calculating adjustments, attending to settlement and ensuring that the transfer of ownership is properly registered, and the conveying process is completed. As you can see, this is purely a transactional task which conveyancers complete.

Queensland law regulates who may engage in legal practice. The Legal Profession Act 2007 (Qld) requires legal practice to be undertaken by an Australian legal practitioner holding the appropriate practising certificate and qualifications.

Accordingly, when a Queensland business advertises “conveyancing”, the important question is not simply whether it calls itself a conveyancer or a lawyer. The important question is:

Who is actually responsible for providing the legal advice and dealing with any legal issues that arise during the transaction?

A law firm may have lawyers, conveyancing clerks and paralegals working on a matter. Much of the day-to-day conveyancing work may be undertaken by experienced support staff under the supervision of a lawyer.

That is quite different from assuming that a person dealing with the paperwork is necessarily providing comprehensive legal advice.

Conveyancing is more than transferring the title

It is sometimes tempting to think of conveyancing as an administrative process: sign the contract, order searches, arrange finance, attend settlement and transfer the property.

In reality, property transactions can involve a wide range of legal issues. The most important point for a purchaser is often that the time to obtain legal advice is before signing the contract, not after.

Once a contract has been signed, the parties will be legally bound by its terms.

The Queensland Government recommends obtaining legal advice before buying or selling property and specifically identifies matters such as contracts, disclosure documents, title searches, mortgage documents, land tax and transfer duty as matters that should be considered with a lawyer.

A property lawyer can therefore provide assistance beyond simply ensuring that settlement occurs.

For example, a lawyer can consider:

• whether the contract properly protects your interests;
• special conditions and amendments to the standard contract;
• the legal consequences of particular clauses;
• disclosure requirements;
• title issues and registered interests;
• easements and covenants;
• planning and development issues;
• body corporate issues;
• leasing arrangements;
• finance and mortgage documentation;
• transfer duty and land tax issues;
• ownership structures;
• trusts and companies;
• guarantees and security arrangements;
• related-party transactions;
• default and termination rights;
• disputes arising before settlement;
• disputes concerning settlement adjustments;
• contractual claims following settlement; and
• potential litigation if the transaction goes wrong.

A purely transactional approach may focus on getting the matter to settlement. A lawyer can also consider what happens if something goes wrong. As lawyers are always thinking about the future and potential issues that may arise. This is perhaps the most significant difference between a lawyer and conveyancer.

The real distinction is not “conveyancer versus lawyer”

For Queensland property owners, the more useful question is:

Do I want someone simply to process the transaction, or do I want a legal professional who can identify, explain and address legal risks throughout the transaction?

Conveyancing is an essential part of a property transaction. But conveyancing and legal advice are not necessarily the same thing.

A good property lawyer should be able to manage the practical conveyancing process while also identifying legal issues that may affect the client's rights, obligations and financial position.

That is particularly important because property transactions are binding legal transactions—not simply administrative transfers.

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The safest time to obtain legal advice is before you sign, not after a problem has arisen. At Grasso Searles Romano Lawyers, our experienced conveyancers assist clients with all aspects of the conveyancing process. However, our dedicated lawyers are able to assist clients beyond the conveyancing process when things might go wrong, or help you mitigate any risk of something going wrong before it happens. This is the difference when you engage Grasso Searles Romano Lawyers.

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Thinking of buyer or selling property? Contact us on 07 3236 3999 or email us at reception@gsrlawyers.com.au, and one of our dedicated staff will be more than happen to help you.