If you need legal support, it’s important to get advice from the right professional. This guide explains the key differences between a conveyancer and a solicitor that you should be aware of.
There are many situations and scenarios in life that do require the support of a legal professional. You will need legal support if you are getting divorced or if you are thinking about opening your own company. You may also need legal support if you are injured in an accident. In some cases, you might also require the services of a conveyancer.
What Is A Conveyancer?
A conveyancer is a lawyer who specialises in the law relating to residential property. This could include buying and selling a home on the market. So, rather than being different from a solicitor, they are a type of solicitor that you can use the services of as a licensed conveyancer or a legal executive.
When Should You Hire A Conveyancer?
Typically, you need a conveyancer to either buy or sell a property. Even if you use the services of a law firm, there’s a strong possibility that they will provide you with a conveyancer. Many law firms hire conveyancers to deal with any property services and complete the work for any clients that they take on.
A conveyancer is often a more budget-friendly alternative compared to hiring a more general solicitor. The majority of property sales, as well as purchases in the UK, are completed using the services of a conveyancer. At Toomey Legal Limited, all our conveyancers are trained and overseen by a solicitor.
Deciding whether to use a solicitor or conveyancer will always be a personal choice. However, you will not be at any more risk by using a conveyancer when completing this type of legal process, as all legal firms carry indemnity insurance.
The Role Of A Conveyancer Explained
It is commonly assumed that a conveyance in England and Wales is only used to sign various documents required for the completion of a property purchase or sale. This can lead people to believe that they can complete their own conveyancing. However, this is not the case. In reality, a conveyancer can have various roles.
The specific role filled by a conveyancer is determined by whether they are representing the buyer or the seller of a property. A conveyancer hired by a buyer will have more roles and various other responsibilities compared to the conveyancer of a seller.
Regardless of whether they are working with a buyer or a seller of the property, a conveyancer will need to represent their clients’ interests. This means that they need to communicate effectively with their clients and ensure that everyone involved in the sale or purchase of property remains on the same page.
They are expected to exchange contracts and ensure the completion of contracts so that the sale of the property can be fully finalised.
If they are representing the buyer of a property, they will also need to ensure that they communicate with a mortgage broker or lender. They need to be kept informed on any changes during the sale.
They will also be required to offer advice for property searchers and provide information on any surveys that are required on the property. This legal professional may also provide advice on elements such as flood risk and ensure that buyers are aware of the key areas of law that impact them during this process.
The conveyancer will also need to ensure that the sale is correctly registered at the land registry with all the relevant information.
A conveyancer will have a smaller role in a property sale. However, as the seller’s solicitors, they will be expected to guide them through the sale of the property. This will likely include issuing a ‘contract pack.’ The pack includes all the forms and legal documents that are required to transfer the ownership of the property.
One of the reasons why it is not recommended that anyone attempt to DIY conveyancing is that a conveyancer can change a legal contract and ensure that everything is in order. This can help avoid any headaches further down the road during a sale. They can help fix any problems with the title. Any lender will always insist on having a lawyer act for them,
We hope this helps you understand the role that a conveyancer plays during the sale and purchase of a property. As mentioned, a conveyancer is a type of solicitor and does not operate in a separate field. Instead, they specialise in the sale of residential properties specifically. As such, if you are planning on selling your home, or buying a new property, you should consider recruiting the services of this specific legal professional. At Toomey Legal, we can provide the expert conveyancing services that you need with the support of our highly trained legal professionals. They will handle all the work required and ensure that the conveyancing process is handled the right way.