When you buy or sell property in New South Wales, you have a choice about who handles the legal side: a licensed conveyancer or a solicitor. Both can do the job, and for a straightforward transaction either may be perfectly suitable. But they are not the same thing, and the difference can matter a great deal if your transaction turns out to be less straightforward than it first appeared.
At Hills Solicitors, we’ve handled property transactions for Maitland and Hunter Valley buyers and sellers since 1894. This guide explains the real difference between a solicitor and a conveyancer, what each can and can’t do, and how to decide which is right for your situation.
What Does a Licensed Conveyancer Do?
A licensed conveyancer is a professional who specialises in the conveyancing process, the legal transfer of property from one owner to another. In NSW, conveyancers are licensed and regulated under the Conveyancers Licensing Act 2003. A conveyancer can review and prepare contracts for sale, conduct the searches, handle the exchange and settlement, and manage the transfer of title.
For a standard purchase or sale that runs smoothly, a licensed conveyancer is qualified to take the transaction from start to finish. Their focus is exclusively on conveyancing, and that specialisation is part of the appeal.
What Does a Solicitor Do Differently?
A solicitor can do everything a conveyancer can do in a property transaction, but with one important addition: a solicitor is a qualified legal practitioner who can also advise on any legal issue that arises, not just the conveyancing itself.
That means if your transaction intersects with another area of law, a solicitor can deal with it directly. A conveyancer, by contrast, is limited to the conveyancing process, and if a legal complication falls outside that scope, they may need to refer you to a solicitor anyway, potentially mid-transaction and under time pressure.
When the Difference Really Matters
For many routine transactions, the choice makes little practical difference. But property transactions have a way of becoming complicated, and these are the situations where having a solicitor already in place is a real advantage:
- The property is part of a deceased estate. Selling or transferring property from an estate can involve probate and estate administration, which is legal work beyond conveyancing.
- A family law or relationship breakdown is involved. Transfers between separating couples often tie into a broader property settlement, where legal advice matters.
- A title, boundary, or easement problem emerges. If a search reveals an encroachment, an unregistered easement, or a boundary discrepancy, resolving it is legal work.
- The contract needs to be renegotiated or a dispute arises. If the other side breaches, or terms need to change, a solicitor can advise and act on the dispute.
- It’s a complex or off-the-plan purchase. Off-the-plan contracts, in particular, are long and carry risks (sunset clauses, variations) that benefit from legal scrutiny.
In each of these cases, a solicitor can handle the issue without you needing to find and brief a separate lawyer partway through a time-critical transaction.
What About Cost?
It’s often assumed that a conveyancer is always the cheaper option. In practice the difference is frequently smaller than expected, and it varies between individual firms rather than being a fixed rule. More importantly, the cost of engaging a separate solicitor later, if a complication arises that a conveyancer can’t handle, can easily outweigh any modest saving upfront. The right question isn’t simply which is cheaper, but which gives you the protection your particular transaction needs. A reputable firm will give you a clear quote before you commit either way.
So Which Should You Choose?
If your transaction is genuinely simple and nothing unusual is likely to arise, a licensed conveyancer can serve you well. If there’s any complexity, or any chance of it, such as an estate, a family law element, a difficult title, or an off-the-plan contract, the broader capability of a solicitor is worth having from the outset. Because you rarely know at the start which category your transaction will fall into, many people prefer the certainty of having full legal representation in place from day one.
Whichever you choose, the key is to engage them early, before you sign a contract, so any issues are caught while there’s still time to act.
Frequently Asked Questions
Is a solicitor or a conveyancer better for buying a house in NSW?
Both are qualified to handle conveyancing in NSW. A conveyancer specialises in the transfer process and can be a good fit for a straightforward transaction. A solicitor can do the same work and also advise on any wider legal issue that arises, such as a title dispute, a deceased estate, or a family law matter, without you needing to engage a separate lawyer. For anything with potential complexity, a solicitor offers more complete protection.
Can a conveyancer give legal advice?
A licensed conveyancer can advise on the conveyancing process itself, but they are limited to that scope. They cannot provide broader legal advice on matters outside conveyancing, such as disputes, estates, or family law issues. If one of those arises during your transaction, a conveyancer would generally need to refer you to a solicitor.
Do I need a solicitor for an off-the-plan purchase?
It is strongly recommended. Off-the-plan contracts are long and carry particular risks around completion timelines, sunset clauses, and variations to the finished product. Having a solicitor review the contract before you sign helps you understand and manage those risks. See our off the plan purchase page for more.
When should I engage a solicitor or conveyancer?
As early as possible, ideally before you sign a contract or bid at auction. Getting advice before you commit means the contract can be reviewed, searches planned, and any problems identified while you still have room to negotiate or withdraw. Leaving it until after you’ve signed limits your options.
Get Advice on Your Property Transaction
Whether you’re buying your first home, selling a family property, or investing in the Hunter’s growing market, the right legal support gives you confidence your transaction is handled properly. As a solicitor’s firm, Hills Solicitors offers full legal representation from the outset, so if your transaction becomes complicated, you’re already covered.
Hills Solicitors has guided Maitland and Hunter Valley buyers and sellers since 1894. To learn more, see our conveyancing service.
Book a consultation with our conveyancing team today, or call us on (02) 4933 5111. Check our FAQ page if you have any questions.
