How to find a conveyancer

When you’re buying or selling property, a good conveyancer or solicitor is just as essential as a top real estate agent. But how do you find one?

As with most professions, not all conveyancers are equal. Just as you would interview prospective real estate agents to sell your house, you should also go through the same process with the person or firm that will do your conveyancing.

Who can do conveyancing?

In most parts of Australia, conveyancing can be done by a professional real estate conveyancer – called a Settlement Agent in Western Australia – or a solicitor who specialises in conveyancing. However, if you are in Queensland or the Australian Capital Territory, you’ll need to hire a solicitor as conveyancers are not permitted to operate in those jurisdictions at the time of writing.

Do I need a conveyancer or a lawyer?

If you are not in Queensland or the ACT:

• If the house sale looks like it will be a relatively simple and straightforward transaction, a licensed conveyancing practitioner may be a cheaper option.
• For large real estate deals or more complicated transactions, a conveyancing solicitor may be preferable. They will have the extensive legal knowledge necessary to handle any unusual situation, for example, if the seller has problems with a fraudulent or deceptive real estate agent.
• It’s also worth noting that some conveyancers will also be qualified solicitors. This might give you the best of both worlds, and some law firms employ registered conveyancers to handle all real estate-related cases. So the bottom line is to always look at the details of your own needs if you are unsure which professional to employ.

If you are in Qld or ACT:

You will need to hire a solicitor that offers conveyancing services. They may also be colloquially known as property lawyers or real estate lawyers.

How do I choose a conveyancer?

As we all know, the best referral is sometimes through people you know. So ask around and see if any of your friends and family have used a good conveyancer or conveyancing solicitor.

You could also ask your real estate agent, or other professionals you trust, like an accountant or lawyer.

If you are using a mortgage broker for help with your home loan, he or she will likely be able to recommend a good conveyancer.

If you have no joy here, look online – a good place to start is the Australian Institute of Conveyancers in your state or territory. To find a solicitor, you could try your state or territory’s law society, such as the Queensland Law Society or the ACT Law Society.

Once you have your list of prospective conveyancers, give each of them a call and ask a few questions to help you decide on one you’re comfortable with, who meets your purchasing or selling needs. Some conveyancers or law firms may specialise in different types of real estate, for example, apartments, houses, subdivisions and so on. Some of the questions you may wish to ask are listed below.

Questions to ask a conveyancer or conveyancing solicitor

• Are you a member of the Australian Institute of Conveyancers (if using a conveyancer)?
• What types of property do you mainly specialise in?
• What will it cost – what are your fees and charges? What fees, and charges will I have to pay at settlement? Are there any hidden costs?
• How will you communicate with me and how often?
• On settlement day, what timeframes are we looking at? This can be important information to have if you are arranging furniture removalists and other parties.

When you have found a conveyancer or solicitor, do a background check to ensure they are legally allowed to carry out the work and have no complaints against them. The Australian Institute of Conveyancers or the Legal Services Commission in your state or territory can help with this, but as both the conveyancing and legal professions are bound by strict rules of conduct.

Conveyancing isn’t the only cost of buying a home. If you want to get an idea of how much stamp duty you’ll have to pay on your property, try out our Stamp Duty Calculator.

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