A solicitor is a member of the legal profession that is qualified to deal with legal matters, such as conveyancing. They are professionals who are bound by a strict code of conduct and regulations.
There are many different types of solicitors that specialise and practice in different areas of the law.
What Does a Conveyancing Solicitor Do?
A conveyancing solicitor’s main role is to attend to the transfer of clear title of property from a seller to the buyer.
In achieving this, a conveyancing solicitor performs many other functions such as:
- advising on the conveyancing process and your rights and obligations
- reviewing and advising on contract terms and conditions
- conducting property searches to ensure you’re not buying a lemon
- making the necessary settlement adjustments for rates, water and where applicable, body corporate fees
- making sure that the buyer or seller perform their obligations on or before a critical date
- liaising with lenders
- attending to arranding settlement
Here are some reasons why you might want to consider hiring a solicitor.
1) Giving Legal Advice
Whilst conveyancers are trained in the conveyancing process, they are not permitted to give you legal advice. A conveyancer who is not a solicitor cannot provide legal advice on matters of property law, for example.
On the other hand, a solicitor can give you legal advice. If a legal issue or dispute arises, a solicitor will be in a position to assist you.
2) Handling Contracts and Other Documents
Solicitors are trained in contract drafting and interpretation. They can advise you and ensure that all contracts, agreements and other legal documentation are written correctly and clearly so as to avoid pitfalls and problems later down the track,
3) Deals With the Titles Office and Queensland Revenue Office
A solicitor will take care of your title registration and will liaise with the Queensland Revenue Office to calculate your transfer duty and pay it to the Queensland Revenue Office.
5) Conduct Searches
One of the most important things you will do when buying property is to ensure that the title is clear and that there are no liens or charges on the property.
A solicitor will help you with this process and make sure that you are aware of any government or council issues that may affect the title to your property or the use of your property.
Conclusion
As you can see from the above, there are a number of reasons why you might want to consider hiring a solicitor when you are buying property. The legal system is complex and confusing, and you will want to make sure that you know what you are doing before you buy any property.
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DISCLAIMER: This article is provided for general information purposes only. Its content is current at the date of preparation. Changes in circumstances or policy or legislation after the time of preparation may impact the accuracy of the information provided. It is not legal advice and is not tailored to meet your individual needs. You should obtain specialist advice from a qualified professional based on your specific circumstances before taking any action concerning the matters discussed in this guide. One80 Conveyancing Pty Ltd will not accept liability for any reliance on this article, including but not limited to, the accuracy, currency or completeness of any information or links.