Conveyancing Victoria The Value of Solicitor Conveyancing in Victoria

Conveyancers need to be licensed in Victoria; but nothing can take away the fact that solicitor practicing in conveyancing in Victoria has had a far more arduous study process from the beginning.

A law degree is an achievement. Solicitors are typically clear thinkers and, due to the broad nature of subject matter and areas of law which a Victoria conveyancing solicitor deals with on a day to day basis there, a solicitor for conveyancing in Victoria is the safer way to go.

This is not to say that there are not many good conveyancers out there (some are not). But the reality is that conveyancing in Victoria is not just the “commodity” which many perceive it to be). Sure, there is a process and boxes get ticked; but a solicitor will know the theory behind a term in a contract – and not just because he or she merely studied many subjects where contract law cut across the subject matter, but in day to day practice a “property lawyer” will deal with commercial and residential leases, licences, caveats, restrictive covenants to name but a few things.

The super advantage of you, as a client, having a solicitor actively involved directly in your file, more problems can often be pre-empted. Further, if there is a dispute with the other party, a solicitor’s ability to negotiate the best outcome for you is a huge advantage. I have seen “straightforward” matters go pear shaped for reasons unrelated to my client or ourselves – for example, a purchaser refusing to settle over what they was included in the Contract. The solicitor cannot only “lay down the law” but will also have superior skills to negotiate the better outcome. The final result can mean saving a client a lot of money. I have seen it many times.

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An example acting for a purchaser in a conveyancing matter in Victoria is that the vendor sought to enforce its right not to allow the purchaser to sell the property (which had been bought off the plan) prior to settlement. I had to advise my client that there was no “legal” way of getting around it, but through lengthy and careful negotiation, my client was permitted to so.

I believe that it was my training as a solicitor, experienced in law of conveyancing in Victoria, which brought about the result. If a conveyancer (not being solicitor) had to send this to a solicitor there are disadvantage to a client: It will cost the client considerably more as a new file on an unrelated matter would be opened, on a high hourly rate – and it would take the solicitor a reasonable amount of time to try to familiarise himself or herself with the background of the matter, which once again relies on instructions of a person without a law degree. Once again, no disrespect to the competent conveyancer, but when the client is being asked to shell out additional funds which completely outstrip the low fixed fee they were quoted by the other conveyancing company, this can be quite agitating.

In Victoria, due to the uniqueness and complexity of the law, and due to the fact that there are in reality many things on a conveyancing file which are better served being handled by a solicitor, the peace of mind in using a solicitor who practises in the area of conveyancing in Victoria is worth it in itself. Whether purchasing or selling, it is has proven wise time and time again to “set and forget” by engaging a qualified conveyancing solicitor in Victoria.

The comments in this article should not be construed as legal advice. Every situation requires individual legal advice. Consult a solicitor for legal advice in relation to your circumstances.

For more information from the author, Glenn Phillip Duker, about conveyancing in Victoria visit:Conveyancing Victoria
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