Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
I'm about to purchase 2 units right next to each other in a country city in NSW. A conveyancer has quoted $1500 per unit. Does this seem reasonable?
thanks
I'm about to purchase 2 units right next to each other in a country city in NSW. A conveyancer has quoted $1500 per unit. Does this seem reasonable?
thanks
Why, when there's apparently no cost saving, would anybody consider using a conveyancer rather than solicitor?
Isn't it in NSW that you need to be a solicitor rather than a conveyancer?
Cheers, Ivan
How far does their ability to give legal advice go with respect to property law?They cannot give legal advice on associated areas such as estate planning, asset protection, bankrupptcy, succession and family law.
(2) Without limiting subsection (1),
"conveyancing work" includes:
(a) legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to any such transaction, and
(b) legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to any such transaction, and
(c) any other legal work that is prescribed by the regulations as constituting conveyancing work for the purposes of this Act.
(3) However,
"conveyancing work" does not include the carrying out of any work for the purpose of:
(a) a mortgage on non-residential property where the amount secured by the mortgage exceeds 7 million dollars (with non-residential property being any property that is not residential property for the purposes of Division 8 of Part 4 of the Conveyancing Act 1919 ), or
(b) commencing or maintaining legal proceedings, or
(c) establishing a corporation or varying the memorandum or articles of association of a corporation, or
(d) creating, varying or extinguishing a trust, or
(e) preparing a testamentary instrument, or
(f) giving investment or financial advice, or
(g) investing money otherwise than as provided for by Division 2 of Part 5,
and does not include any work that is prescribed by the regulations as not constituting conveyancing work for the purposes of this Act.
(4) In this section:
"legal work" means work that, if done for fee or reward by a person who is not an Australian legal practitioner, would give rise to an offence under Part 2.2 of the Legal Profession Act 2004 .
Thanks, Terry. So not really any advantage to using a solicitor over a conveyancer (unless it involves estate planning or any of those other aspects)?
Thanks for outlining them.No, there are a multitute of advantages.
Nope. The CONVEYANCERS LICENSING ACT 2003 allows conveyancers to carry out conveyancing work such as attend to transfer of title of property
http://www.austlii.edu.au/au/legis/nsw/consol_act/cla2003236/s4.html
They cannot give legal advice on associated areas such as estate planning, asset protection, bankrupptcy, succession and family law.
No, there are a multitute of advantages.
solicitors are legally trained in all areas of law, conveyancers are trained just in property, conveyancing and contracts. But their training in contracts would not be in depth. They don't study equity for example so they would not know about the way equity impacts on contracts - estoppel, undue influence, usconscionability for example....(snip)
Apologies to the conveyancers out there
Blimey Charlie, that's a bit below the belt.
A list of mandatory subjects studied is as follows:-
Australian Legal Systems
Legal Entities
Legal Dispute Resolution
Contract Law
Business Law i
Business Law ii
Law of Administration of Estates
Finance and Securities Law
Real Property Law
Law of Vendor and Purchaser
Professional Behaviour and Ethics
Family Law
Revenue Law
Company and Incorporated Assoc. Law
Title Investigation and analysis
Conveyancing Practice
Legal Drafting
Sure we cannot run litigation however we have been trained to identify potential risks and issues.
To say we don't have an in depth understanding of Joint tenants or tenants in common is a bit over the top. And yes we do draft special conditions and give advice on the effect of same. That is what we do - advise clients on terms and conditions of a contract and also draft special conditions when selling.
A licenced conveyance must complete specified professional development and further education for the duration of their licence.
Albeit this being a relatively new profession I do appreciate the apprehension.
Fleur
IMO its like approaching a dental hygienist when you have a mouth full of bad teeth. You know that they know a lot about teeth but aren't actually qualified to fix the problem. They can clean them and make you feel better but the underlying problems aren't fixed. But they are a little cheaper.
There is a equally foolish option for property transactions. Using a solicitor that doesn't do conveyancing regularly ! Unfortunately the term "solicitor" doesn't describe the capacity and experience of the individual. I recently encountered a client with that problem. The solicitor now admits they hadn't done a deceased estate before and made a mess of it. And the tax person they relied on led the solicitor astray. The NSW Law Society rules seem make it a easy fix. The solicitor has a interest in fixing what is now a serious legal issue. Whereas a conveyance cant as they aren't a solicitor. I'm not so sure a conveyance has that same easy fix...The affected client needs to succeed with a PI claim which their insurer may defend. I would be interested in both parties views on this issue.
The problem with the conveyance v solicitor approach can be taken both ways.