Lawyer or Conveyancer? Which Is Better in NSW?

Should You Use a Lawyer or a Conveyancer?

Buying or Selling Property:

When you choose to purchase or sell a property, one of the first decisions that you will make is who to engage to handle the legal side of the transaction, a lawyer or a conveyancer. While clients often think they are the same, there are important distinctions between the two. Both can carry out the legal transfer involved in buying or selling property, but the scope of their qualifications is vastly different and that difference alone is why a lawyer is the safer choice for any property transaction.

In NSW, conveyancers carry out conveyancing work only. Conveyancing is the legal process of transferring the ownership of property from one person to another, and the scope of their work is limited to preparing and reviewing contracts, conducting searches, preparing transfer documents, and attending the settlement to finalise the transfer of ownership.

While the work of a conveyancer is confined to that limited subset of work, a lawyer is qualified to handle the same scope of work and everything associated with it. With broader legal training behind them, lawyers also advise on complex contract terms, resulting in stronger contractual protections for sellers and significant amendments being sought for purchasers during negotiations.

Case Study

We advised a first home buyer who was purchasing a strata unit. The contract contained a contractual provision regarding special levies, which was somewhat vague and innocuous in its terms and our Principal Solicitor, Fiona Dernikovic, suspected it was an disguised attempt to disclose special levies struck by the strata scheme in an attempt to move liability for these levies to the purchaser. This suspicion was correct, and upon further enquiry, the vendor was attempting to seek contribution from the purchaser towards $28,000 of special levies. Fioro Legal successfully negotiated no payment of such levies by our client, resulting in a $28,000 saving for our client. Not every conveyancer (and not even every lawyer) would pick up on this issue. The clause in question was subtle and disguised, and Fioro Legal solicitors are trained to be scrutinising the fine details and implications of every such clause. That is the degree of property and contract specialisation that you want in your corner when buying or selling one of your biggest assets.

Buying a property?

Before you sign a contract or bid at auction, have it reviewed by an experienced property lawyer. A single overlooked clause can cost thousands of dollars, as noted above.

Contact Fioro Legal for a contract review before you commit.

What else do lawyers consider?

Lawyers also advise on stamp duty implications, unusual easement matters, unapproved building works discovered during due diligence, requests for property leases or licences, and any disputes that arise before or after settlement. These qualifications in property law go beyond the standard steps in an average conveyance, allowing lawyers to step in the moment something unexpected arises.

The real benefit of engaging a lawyer is the depth of advice you receive at every step. A lawyer takes the time to understand your instructions and makes sure the contract and supporting documents accurately reflect them, rather than relying on standard precedents or template clauses. On the sale side, that means structuring terms and special conditions to balance your rights as the vendor with what the market will accept, maximising the pool of prospective bidders and, in turn, the purchase price you can achieve. On the purchase side, it means making sure the contract you sign actually protects your position before you commit. That depth of advice is difficult to match through via a conveyancing service and Fioro Legal is best positioned to assist you.

Frequently Asked Questions

Is a lawyer more expensive than a conveyancer?

Possibly, but often not by much, and the value you receive is significantly greater. Fees vary between firms, and for a straightforward matter the difference can be small. With a lawyer you get tailored advice, properly drafted documents, and the ability to handle any complication without engaging anyone else — which almost always works out more cost effective overall.

Given how much you will spend overall on the transaction (either on agent fees, property styling, advertising, or simply stamp duty and the purchase price itself if buying), trying to save a few hundred dollars on the legal fees is just not a wise move. This is your greatest asset and the price to protect your interests is invaluable.
Can a lawyer do everything a conveyancer does?
Do I need a lawyer if the contract looks straightforward?

Often the most expensive issues arise from contracts that appear straightforward on the surface.

Many risks are hidden within special conditions, easements, strata records, planning issues, unapproved works, or disclosures that may not be obvious to someone without legal training. Identifying those issues before you sign can save significant time, stress and expense later.
What happens if a dispute arises during the transaction?

This is where the difference between a lawyer and a conveyancer becomes most apparent.

Property transactions do not always proceed smoothly. Disputes can arise regarding contract terms, defects, delayed settlement, deposit claims, misrepresentations, inclusions, or breaches of contract. A lawyer can advise on your legal rights, negotiate a resolution, and if necessary, commence or defend legal proceedings. A conveyancer may need to refer you elsewhere for legal advice.
Is using a lawyer worthwhile for an investment property?

Yes.
Investment properties often involve additional considerations such as existing tenancies, lease arrangements, land tax implications, asset protection strategies, ownership structures, and succession planning. A lawyer can advise on these broader issues as part of the transaction.
Can a conveyancer advise me on trusts, companies or SMSF purchases?

Generally, no.
If you are purchasing through a trust, company or self-managed super fund, there are broader legal, taxation and asset protection considerations that often sit outside the scope of a conveyancer’s role. A lawyer can advise on the transaction itself and work with your accountant to ensure the purchase structure is appropriate before you sign the contract.
Do I need a lawyer before buying at auction?

Yes. When you purchase at auction, you generally become bound to the contract immediately when the hammer falls. There is usually no cooling-off period. Having a lawyer review the contract before the auction allows you to understand any risks and negotiate amendments before you bid.
Can Fioro Legal review a contract before I sign it?

Yes. We regularly review contracts for purchasers before they commit to a transaction. We identify unusual clauses, explain legal risks, advise on matters arising from searches and due diligence, and where appropriate negotiate amendments with the seller’s solicitor. We can also review strata reports or pest and building reports for you.
Should I always use a lawyer?

In our view, yes. For many people, either can complete a straightforward transaction. The question is not whether the transaction can be completed, but whether you want access to broader legal advice if issues arise. A lawyer can handle the conveyancing process while also advising on contract risks, disputes, ownership structures, estate planning considerations and other legal issues that may affect your property.

Every property transaction carries legal risk, and a lawyer is qualified to advise on every issue, not just the standard steps. Whether the matter looks simple on the surface or involves an unusual contract condition, a trust or company purchase, a related dispute, or tax or estate considerations, engaging a lawyer from the outset gives you the depth of advice and protection a conveyancing service cannot.
How can a property purchase affect my estate plan or asset protection strategy?

Many people do not realise that purchasing property can have implications for their estate planning and asset protection arrangements.

The ownership structure of a property, whether it is held personally, jointly, through a trust or through a company, can affect who inherits the asset, how it is protected from future claims, and how it is dealt with if circumstances change. A lawyer can consider these issues before the contract is signed, rather than after the purchase has been completed.
Will I deal directly with a lawyer?

Before You Sign, Get Advice

Buying or selling property is one of the most significant financial transactions most people will ever undertake. While both lawyers and conveyancers can assist with the transfer process, only a lawyer can provide comprehensive legal advice if issues arise before, during or after the transaction.

Whether you are purchasing your first home, selling a family property, investing through a trust, buying at auction, or simply want peace of mind before signing a contract, the team at Fioro Legal is here to help.

Mobile: 0481 848 450

Email: info@fiorolegal.com.au

Web: www.fiorolegal.com.au

Case Study

Buying a property?

What else do lawyers consider?

Frequently Asked Questions

Before You Sign, Get Advice

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