Lawyer or Conveyancer? Who should handle your conveyancing?

Lawyer or Conveyancer? Who should handle your conveyancing?


As lawyers with a broad range of experience within the property field and conveyancing, we have assisted a wide range of property clients: from first home buyers to elderly parents who have to make that difficult decision to sell their family home and downsize to a low maintenance townhouse or unit, to the sale of deceased estate properties and dealing with affluent property developers with large scale subdivisions. 

We often stress to new clients the importance of engaging an experienced law firm to oversee their sale or purchase of property.  An experienced lawyer is in a position to provide legal advice when assisting conveyancing clients and, particularly, in instances when a dispute or issue arises from what many people in the community think is just a “simple conveyancing transaction”. 

  1. What can go wrong?

There are a variety of issues that can arise during a conveyancing transaction.  

For example: 

  1. Leading up to settlement of your property purchase, the incoming bank requires a Solicitor Certificate from a lawyer to prove that you understand the nature and effect of the loan documents in which you will be signing. Only a lawyer is able to issue Solicitor Certificates that banks require in order to release loan funds for settlement. A conveyancer is not be able to do this.
  2. You are an Executor under a will and intend to sell an estate property subject to the Grant of Probate. A lawyer can advise you of your obligations as the anticipated Legal Personal Representative and assist you with the application for the Grant of Probate, as well as deal with the sale of an estate property without the need to refer the matter to a third party.
  3. You sell your property and enter into a contract of sale with a purchaser. A couple of weeks before settlement, a caveat has been lodged on your property noting a third party’s interest in your property. You will require legal advice in relation to:
  • The grounds of the Caveator’s claim:
  • Negotiating the terms of the withdrawal of the caveat;
  • The implications involved in an application to remove the caveat:
  • o Your options going forward. 


In the above examples, anexperiencedlawyer is able to provide you with tailored legal advice in plain English. This includes providing practical options based on your personal circumstances and perforing the  legal work associated with a conveyance to enable you to meet the settlement deadline. 

A conveyancer would not be able to do this and would inevitably have to refer you to a lawyer for advice, at a further cost to you. By choosing a property lawyer to handle your conveyancing transaction, you can rest assured knowing that your matter will be handled by the one firm throughout the whole process.  

Why choose us to assist you with your next conveyancing transaction?

  • Our lawyers and experienced conveyancers have decades of combined experience in the field. 
  • We avoid the use of legal terms and communicate with our clients in plain English. 
  • We are resourceful. We are capable of dealing with disputes and issues which may arise from contract of sale of real estate or conveyancing transactions. 
  • Our lawyers strictly adhere to the Professional Conduct Rules and are covered by professional indemnity insurance.
  • Our lawyers remain up to date with legislative changes and undertake Continuing Professional Development on an annual basis. 
  • We are registered with Property Exchange Australia (PEXA) which is Australia’s online property exchange network. Conveyancing is transitioning towards a 100% digital process. It is important that the person handling your conveyancing transaction is on top of the latest developments with respect to PEXA. 
  • Our firm pursues excellence and strives to be the best legal practice in Melbourne’s north east.  
  • We know the area and have excellent relationships with all the parties involved in your property transaction – from local real estate agents, to Councils and financial service providers.
  • We are committed to providing personal exceptional service to each of our clients.

What is the bottom line?

You could be selling or purchasing one of the biggest assets in your life. You should not base your decision on conveyancing costs alone. If something does go wrong, the last thing you want is for your file to be handballed to a lawyer who knows nothing about you or your circumstances. 

By choosing an experienced law firm from the outset, you are assured legal expertise and personal service throughout. 

This is general information only. Please contact the team at Tonkin Legal for expert legal advice that takes your unique personal situation into account prior to making any decisions based on this article.

Start your journey today – connect with our team for a personalised consultation.

This is general information only. Please contact the team at Tonkin Legal for expert legal advice that takes your unique personal situation into account prior to making any decisions based on this article.

St John Heath

St John Heath

Author

St John Heath is a Partner at Tonkin Legal Group and a leading Family Lawyer in Victoria.