1. They are not legal practitioners
They have limited, non-legal training and are only permitted to carry on a business confined to dealings within the Lands Titles Act (see section 3 of the Conveyancing Act 2004 Tas). These dealings typically include a transfer, discharge of mortgage and production of title, which are relevant to the act of conveying title in a sale and purchase. They are not qualified or permitted to give legal advice.
2. If a sale or purchase goes beyond the scope of what a conveyancer can do …
They will need to refer the matter to a legal practitioner to advance things further. The transfer of your file to a law firm, or the conveyancer needing to seek out third party legal advice, can cause further cost and delay often when time is paramount.
3. Commissions
If you are being referred by a person to a licensed conveyancer you don’t know, it may have nothing to do with the service you might receive. Ask the conveyancer if they are paying a commission or referral fee to any person (agent or even staff) for referring you to them. Section 15 of the Conveyancing Act 2004 Tas prohibits this practice.
4. Cost
Conveyancers often promote themselves as being a low budget alternative to a law firm. You may be surprised to find their fees are very similar to that of a law firm (which by default is qualified to provide legal advice and a more complete service for all circumstances arising in a sale or purchase). In some cases, some conveyancers’ fees can be more than that of a law firm.
5. Interstate players
Some conveyancers who have popped up in recent times are based interstate. The conveyancing practice and contract in Tasmania is very different to other states. We have seen wasted time and money as a result of conveyancers not being familiar with our local systems and processes.
Do the above things matter? We think so.
Avoiding a limited conveyancing service in the first place can help avoid the above issues.
Buying and selling property almost always involves things of a legal nature, which are outside the scope of what a licensed conveyancer in Tasmania can advise on. For example: planning law, tenancies, GST, easements, covenants, warranties, conditions, breach, drafting, damages, trust law, licences, disputes and litigation, to name a few. A law firm, such as ours, is equipped to readily assist in these areas and provide a full conveyancing service.
Many of our conveyancing clients end up being our clients for life. We often go on to advise many families in other areas such as estate planning, family law, business and property matters.
We adopt a team-based, in-office approach to our work, and offer a personal, face-to-face and local service. We do not work remotely or individually, as do some virtual conveyancing offices, which we believe would be somewhat of a limited and isolated experience.
We are a local law firm with over 40 years experience in Tasmania. Our legal practitioners are qualified to give advice on all aspects of a sale and purchase, not just conveying title. We advise on the above examples, plus contract terms, termination, subdivisions, strata developments, stamp duty, property, estate, commercial matters and much more.
We would love to act for you, your family and people you know!
Please contact us if you would like more information. You can find links to our individual practitioners at our conveyancing page – https://www.bakerwilsondavies.com.au/convey/