When it comes to buying or selling a property, you’ve probably come across the terms conveyancer and solicitor, often used interchangeably. But are conveyancers and solicitors the same? While both professionals handle the legal aspects of property transactions, there are key differences between the two roles, which can affect the type of service you receive, the cost, and how efficiently your property sale or purchase is completed. In this blog, we’ll explore the distinctions between conveyancers and solicitors to help you make an informed decision.
What is a Conveyancer?
A licensed conveyancer is a qualified legal professional who specialises exclusively in property law and transactions. Their primary focus is on the conveyancing process—the legal transfer of property ownership from one party to another. Conveyancers deal with all the paperwork, legal checks, and communications involved in the buying or selling of a home, ensuring that the process runs smoothly and is compliant with all legal requirements.
What Does a Conveyancer Do?
- Conducts Searches: Conveyancers carry out vital searches, such as local authority and environmental searches, to ensure that there are no issues with the property that could affect the transaction.
- Prepares Legal Documents: They prepare the necessary legal documents, including the transfer deed and contract of sale.
- Coordinates Between Parties: Conveyancers handle communication between buyers, sellers, mortgage lenders, and other involved parties, ensuring everyone is kept informed.
- Facilitates Exchange and Completion: Conveyancers manage the exchange of contracts and the final completion of the sale, transferring the property title to the buyer.
Qualifications of a Conveyancer
Conveyancers are licensed by the Council for Licensed Conveyancers (CLC) and must pass specific exams in property law to practise. Their expertise lies solely in property transactions, which means they are often highly efficient at handling these matters. However, they do not deal with broader areas of law.
What is a Solicitor?
A solicitor is a fully qualified legal professional who can provide a wide range of legal services, not just conveyancing. Solicitors can represent clients in various legal matters, including family law, criminal law, employment law, and more. When it comes to property transactions, solicitors are often involved in more complex cases, where broader legal issues beyond conveyancing may arise.
What Does a Solicitor Do in Conveyancing?
- Handles More Complex Cases: Solicitors can manage complicated transactions, such as buying a property through probate, dealing with leasehold disputes, or resolving boundary issues.
- Provides Legal Advice Beyond Property Law: Solicitors can offer advice on related legal matters, such as wills, inheritance tax, and family law, if needed during the property transaction.
- Manages Disputes: If a dispute arises during the sale or purchase, such as disagreements over contracts or legal boundaries, a solicitor is equipped to offer legal advice and representation in court if necessary.
Qualifications of a Solicitor
Solicitors must complete a law degree or equivalent qualification and pass the Legal Practice Course (LPC) before qualifying. They are regulated by the Solicitors Regulation Authority (SRA) and are bound by strict codes of conduct.
Key Differences Between a Conveyancer and a Solicitor
While conveyancers and solicitors perform similar roles in property transactions, there are important differences to be aware of.
1. Range of Legal Services
- Conveyancers: Specialise exclusively in property transactions. They may be quicker and more cost-effective for straightforward conveyancing needs.
- Solicitors: Offer a broad range of legal services. If your property transaction involves complex legal issues or requires advice on related legal matters, a solicitor may be more suitable.
2. Cost
- Conveyancers: Tend to be more affordable, as they focus solely on property transactions. Their fees are typically lower than those of solicitors.
- Solicitors: Often charge more due to their broader legal expertise and qualifications. This can make them more expensive, especially for more straightforward property transactions.
3. Efficiency and Expertise
- Conveyancers: Due to their exclusive focus on conveyancing, licensed conveyancers can be highly efficient at handling property transactions, especially if the sale or purchase is straightforward.
- Solicitors: While solicitors are qualified to handle conveyancing, they may also be managing other legal cases simultaneously. As a result, they may not always offer the same efficiency as a licensed conveyancer when it comes to property transactions.
4. Handling Complex Cases
- Conveyancers: Suitable for standard property sales and purchases, but may lack the broader legal knowledge to handle complex legal issues that can arise.
- Solicitors: Can provide additional legal support if your property transaction involves complex legal matters, such as disputes, probate, or commercial property purchases.
When to Use a Conveyancer
If you’re buying or selling a home and the transaction is relatively straightforward, a licensed conveyancer is often the best option. They are highly experienced in property transactions, cost-effective, and can provide the exact services you need to complete the sale or purchase without additional legal complexity.
Examples of when to use a conveyancer include:
- Buying or selling a freehold property.
- A straightforward leasehold transaction without disputes.
- Transactions where no additional legal advice is needed.
When to Use a Solicitor
If your property transaction involves more than just standard conveyancing, or if you foresee any legal complications, you may want to opt for a solicitor. Their broader legal expertise can be beneficial in complex situations, such as:
- Buying or selling a property as part of a probate or divorce settlement.
- Dealing with leasehold properties with long-standing disputes or complications.
- Buying a commercial property or a property with shared ownership schemes.
- Transactions involving boundary disputes, easements, or rights of way.
Conclusion
So, are conveyancers and solicitors the same? Not quite. While both professionals are qualified to handle property transactions, conveyancers focus exclusively on conveyancing, making them more efficient and affordable for straightforward property sales and purchases. Solicitors, on the other hand, offer a broader range of legal services and are better suited for more complex cases.
When deciding who to instruct for your property transaction, consider the complexity of your case and whether you need any additional legal advice beyond the conveyancing process. At The Conveyancing Team, you can compare quotes from both solicitors and conveyancers to find the right expert for your needs.
