Jan 12, 2026
Conveyancer vs. Solicitor in Australia: Which to Choose.
Confused about the difference between a conveyancer and a solicitor? Learn the key differences in qualifications, their roles, and what to ask before hiring.
Solicitor vs. Conveyancer: Who Should Represent You?
Introduction: Your Australian Property Representation
In Australia, only two types of professionals can legally represent a buyer or a seller in a property transaction: a solicitor (or lawyer) and a conveyancer.
While theoretically, you could self-represent, in practice, a non-professional will not have full access to the crucial e-conveyancing platform, PEXA. To maintain the security and integrity of the system, access is strictly limited to certified and approved customers, including lawyers, conveyancers, financial institutions, and select government departments.
This leaves you with the critical question: Should you choose a lawyer or a conveyancer for your property transaction?
Key Differences: Qualifications and Scope
The most significant difference between a solicitor and a conveyancer lies in their qualifications and the legal scope of their work.
Feature | Solicitor (Lawyer) | Licensed Conveyancer |
|---|---|---|
Qualifications | A fully qualified lawyer with a University Degree in law. | Typically holds a Diploma in Conveyancing. |
Regulation | Registered with the relevant State or Territory Law Society. | Registered and licensed with a relevant state body (e.g., NSW Fair Trading). |
Scope of Work | Can practice all areas of law, including litigation and complex property disputes. | Limited to the administrative and contractual aspects of conveyancing only. |
The Core Role: Completing the Conveyancing Process
For a standard, smooth property transaction, both a solicitor and a conveyancer will complete the same core steps for buyers and sellers.
Key Steps Completed by Both Roles
Buyer's Core Tasks | Seller's Core Tasks |
|---|---|
Conduct searches (building/pest, title). | Remove the bank's mortgage (discharge). |
Finalise finance approval. | Prepare and draft Contract of Sale. |
Pay stamp duty (transfer duty). | Prepare for tax obligations (e.g., Capital Gains). |
Apply for first home exemptions. | Answer buyer and agent queries. |
Adjust price for rates/strata/water. | Adjust price for rates/strata/water. |
Review and sign all legal documents. | Review and sign all legal documents. |
The Lawyer's Advantage: Complex Contracts and Risk
While both can handle a standard sale, property deals are based on complex legal contracts. This is where a solicitor's broader legal training can be a significant advantage.
Broader Expertise: A solicitor has a wider range of skills beyond just property administration.
Risk Mitigation: If 'red flags' emerge—such as a neighbor dispute or a defect discovered before settlement—a lawyer is trained to identify legal risk and take action.
Conflict Resolution: If a deal falls apart, a conveyancer may have to refer you to a solicitor. A solicitor can handle the negotiation and resolution from the start.
What to Look for When Choosing Your Representative
The main goal is to ensure they are responsive, experienced, and utilise technology to make the process smooth.
Questions on Availability and Communication
Are you available outside of standard business hours? Property deals often happen on evenings and weekends.
How do you keep the agent in the loop? Poor communication can jeopardise a deal.
What is your typical response time? They should aim to respond within the day.
Questions on Fees and Timeframes
Do you have a fixed fee charging model? Avoid hourly rates to prevent unexpectedly high fees.
(For Sellers) How long to create the Contract of Sale? A good firm should provide this within 72 hours.
(For Buyers) How long to review a contract? You should receive a review within 24 hours.
(For Buyers) Do you review contracts for free? Saving money on multiple reviews allows you to find the right property without stress.
Ready to Settle? Get Expert Legal Guidance.
Ready Settle Go is a tech-savvy, but people-first law firm led by our Principal lawyer, Jeff Boateng. With nearly 20 years of legal experience, you will be in good hands for your next sale or purchase.
