In Victoria, either Conveyancers or Solicitors (Australian Legal Practitioners) handle real estate paperwork. Both registered Conveyancers and licensed Solicitors offer professional indemnity insurance that protects consumers of these services.
Conveyancers
A Conveyancer generally handles the transfer of real estate between parties. They can give legal advice on Title transfers and undertake the necessary legal work that ensures the smooth settlement of your sale or purchase. In Victoria, Consumer Affairs Victoria has a public register of all Conveyancers.
Solicitors
A Solicitor is a legal practitioner who often works in many areas of law, something that Conveyancers are not allowed to do. Solicitors must hold a Practising Certificate which acknowledges that they have specialist knowledge required to handle not only the transfer of property but other legal matters as well.
Where a legal problem arises during a transfer of property, often Solicitors who have a general knowledge of law are best qualified to undertake the legal work.
The question comes down to, “Should I utilise the services of a Conveyancer or Solicitor?” Obviously, you may use whoever you choose, but you should ensure that they have appropriate qualifications and experience.
Keep in mind that a Solicitor may be able to provide more general property advice, including in relation to tax matters including Capital Gains Tax, Goods & Services Tax, etc.
As in all things, you get what you pay for. Solicitors are generally more expensive. Conveyancers, who are unable to undertake any other legal work, are generally less expensive.
Whether you choose a Solicitor or Conveyancer depends on your legal needs. If you require the person with generalised legal knowledge across many areas, then it is recommended that you employ the services of a Solicitor.