In this article
Do you need a Lawyer to buy a house in Australia?
Maybe, maybe not. But if you’re planning on choosing a conveyancer and wondering whether to do the legal work yourself, stop for a moment. The idea of saving money is tempting. But unless you know a lot about property law, and you have the time and discipline for it, we definitely advise against it. But a lawyer? Let’s see.
A lawyer is a broad term for a legal professional who is trained and licensed to practice law. Lawyers can specialise in various areas, including property law.
Lawyers can carry out conveyancing work plus all the legal matters – very useful if there are complications. When a sale or purchase is complex, and there are legal issues to fix, a lawyer, or a conveyancer with access to legal advice within the firm is very likely the best option when choosing a conveyancer. If none of these apply, read on.
Do I need a Solicitor to buy a house?
‘Solicitor’ is a general term for a legal professional. In Australia, solicitors can specialise in a range of aspects of law. Property law is one of those.
A specialist property law solicitor can handle the legal aspects of buying or selling property. They may also provide broader legal advice.
Do you need a Local Solicitor for conveyancing?
A local solicitor has in-depth, current knowledge. They also have experience of the local property market, local zoning laws and all regulations that could affect your purchase.
In areas undergoing significant development, or where there are heritage restrictions, a local solicitor, or one who specialises and operates frequently in that area, is recommended. Keep this front of mind when choosing a conveyancer.
Real Estate Law is constantly evolving, and what was relevant a few years ago may not be applicable now. A local solicitor who deals specifically with conveyancing, and on a regular basis, will be aware of any changes to the law that may impact your purchase.
Do I need a Conveyancer to buy a house?
Well if you’re buying property it’s very, very likely you need conveyancing legal services – few people are suited to doing their own conveyancing.
If your property purchase is unlikely to need additional legal services or advice, a good conveyancer is probably your best option. But finding a ‘good’ conveyancer? That’s a different matter.
A conveyancer is a specialist in property law who works solely on the legal aspects of buying and selling real estate. They:
- prepare legal documents
- conduct property searches
- deal with the Land Registry, and
- make sure the property ownership transfer is legally sound and
they must be able to answer all these questions to your satisfaction.
Choosing a Conveyancer; start by choosing the right conveyancer
This mini quiz can help you filter and find the one that’s right for you – ask yourself the following and calculate the score:
- Are they listening (rather than talking at you and interrupting)? Yes = 1 point
- Are they asking questions? Yes = 1 point.
- Are they offering problem-solving suggestions? Yes = 1 point.
- Do they have a positive, proactive mindset? Yes = 1 point.
- Do they answer your questions openly? Yes = 1 point.
- Is their paperwork clear, and accurate? Yes = 1 point.
- Are they licensed and backed by a law firm? Yes = 2 points.
- Are they pressing you with sales tactics? Yes = minus 1 point.
- Do they criticise their competitors? Yes = minus 1 point.
If your prospective conveyancer scores less than 8 points, walk away.
State and Territory Conveyancing Law Variations
There can be differences between the states when it comes to conveyancing law. Each state and territory has its own set of legislation and regulations. So choose a solicitor or specialist conveyancer who is familiar with the rules in the state where you’re buying.
Yes, larger legal firms may have offices throughout the country, but does the conveyancer you’ve been assigned know the specific laws and regulations in your state?
In conclusion
- Don’t attempt to DIY unless you have the special skills needed – it could cost you dear.
- Consider engaging a lawyer if your purchase is complex and is likely to involve legal matters.
- Use a solicitor if there’s a possibility you’ll need legal advice, but check they’re familiar with current local laws.
- Otherwise find a good Specialist Conveyancing Firm who’s familiar with local laws and regulations relevant to your purchase. Good luck
