Conveyancer or solicitor
in Victoria: which do you need?

In Victoria, both a licensed conveyancer and a solicitor can look after your property purchase or sale. For most people the choice comes down to one question: is this a standard property transaction, or is there a legal problem attached to it?

The two professions overlap on conveyancing but are trained and regulated differently. Conveyancers are licensed under Victoria's Conveyancers Act 2006 and specialise in property transfers. Solicitors hold a practising certificate from the Victorian Legal Services Board and can advise across every area of law. Both must carry professional indemnity insurance and hold your money in a regulated trust account.

What a conveyancer does

A conveyancer handles the whole legal process of transferring property, from first look at the contract to the day you get the keys:

• Reviewing the contract of sale and Section 32 before you sign or bid;
• Preparing the contract and vendor's statement when you sell;
• Ordering and reading title, council, water and owners corporation searches;
• Working with your lender, the agent and the other party's representative;
• Calculating rates and other adjustments, and confirming the duty payable;
• Running settlement through PEXA and registering the transfer.

Because that's all they do, a specialist conveyancer often moves faster on routine matters and charges a fixed fee for them.

What a solicitor can do that a conveyancer can't

A conveyancer's licence covers the property transaction. When a matter needs legal advice beyond that, or someone to argue your case, you need a lawyer. Typical examples:

• A dispute with the other side, such as a refused deposit release or a contract one party wants to end;
• Anything heading to VCAT or court;
• A property settlement after separation that hasn't yet been agreed or formalised;
• Contested wills or deceased estates;
• Buying through a trust or company where the structure itself needs legal and tax advice.

“The right question isn't who's cheaper. It's whether there's a legal problem behind the sale. If there isn't, you want a specialist. If there is, you want a lawyer.”

When a conveyancer is the right choice

For the large majority of Victorian property matters, a conveyancer is the natural fit: buying or selling a house, unit or apartment, an off-the-plan purchase, a first home, an investment property, or adding or removing a name on title once the parties agree. A good conveyancer will also tell you plainly when something falls outside their scope, and refer you on.

What about cost?

For a standard purchase or sale, conveyancers generally charge less than law firms, and many quote a fixed fee. Searches, PEXA fees, stamp duty and registration fees are the same whoever you use. Our guide to conveyancing costs in Melbourne breaks down what goes into a quote.

How to check who you're hiring

• Check the licence. Victorian conveyancers appear on the public register through Consumer Affairs Victoria; lawyers on the Victorian Legal Services Board register.
• Ask who will handle your file. At some firms you never speak to the qualified person.
• Ask for the fee in writing, including what happens if the sale falls over.

The bottom line

If you're simply buying or selling, a licensed conveyancer gives you specialist attention, usually for a lower and fixed fee. If there's a dispute, a contested estate or a complex structure involved, start with a solicitor. Either way, check the licence and get the fee in writing before you begin.