When buying a house you should hire a property law expert to handle the legal work required for transferring the ownership of property from one person to another (conveyancing).

Choosing between a conveyancer and a solicitor can be a difficult decision to make as both do very similar jobs.

Read below to find out the difference between a conveyancer and a solicitor.

The job of a conveyancer

Legally, anyone can do conveyancing, whether it is you, your friends, your family, or your neighbour who doesn’t want to live on the same street as you, but it is a complex process that is not advisable to DIY.

And even though legal fees for buying a house can be expensive, it should not deter you from hiring a highly experienced conveyancer or solicitor (note that buying a house would not qualify for a legal aid solicitor.)

Though, if you intend to buy property with a mortgage it might not be possible to do the conveyancing yourself as most mortgage lenders require you to use a solicitor or a licensed conveyancer.

Licensed conveyancer

A licensed conveyancer is qualified to perform all the legal and administrative duties involved in buying or selling a house, on behalf of their clients. This includes the exchanging of contracts between buyers and sellers and the completion of the sale.

The role of the conveyancer begins as soon as they are hired.

The job of a conveyancing solicitor

Solicitors will work in the same way as conveyancers, making sure to handle the legal side of buying and selling property. They work so you don’t have to contact the solicitors of the house you are trying to buy, and they will get the answers to the questions you have. Their role specifically involves checking property boundaries, negotiating dates like the move-in date, producing the contract to be signed and arranging the transfer of funds.

What’s the difference

A licensed conveyancer is regulated by the Council for Licenced Conveyancers (CLC), whereas a conveyancing solicitor will likely work in a solicitor’s office, and will be regulated by the Solicitors Regulation Authority (SRA). The SRA and CLC will have slightly different rules, however, both will maintain that they work to act in the best interests of their clients.

The key difference between the two is that they are regulated by different bodies, though these bodies operate in similar ways. The second key difference is that solicitors will be trained in other areas of law, whilst conveyancers are only trained in property law.

What should I look out for before choosing a conveyancer or a solicitor?

So before you google ‘solicitors in Shoeburyness or something similar, find out what should you look out for when researching a solicitor or conveyancer.

• Communication: make sure that they can answer all the questions you have. To avoid disappointment about the level of communication, have an initial conversation outlining your expectations on communication, as some conveyancers and solicitors will not contact you if they do have not anything to update you on.
• Experience: Be sure to ask them about their experience level do you are confident in your choice.
• That they can work with your mortgage lender: ensure that your conveyancer or solicitor is either already on your lender’s panel or able to register, so they can work directly with your mortgage lender.
• Cost: The cost of services should be broken down and explained to you in the quote. And they should be transparent in their approach so you know what you are paying for.

But before you make a short list of conveyancers and solicitors make sure to research extensively by reading up on reviews.

Price difference

Rather than going for the cheaper option or even going for the more expensive option opt to go for a conveyancer or a solicitor that is best suited for the job based on the services they offer.

To ensure you’re getting the right fit, request quotes to understand exactly what services you’re paying for.

However, the price you pay for either a solicitor or a conveyancer will depend on a few factors such as the location, the cost of the house, if the house is a leasehold or a freehold, as well as the cost of disbursements.

Disbursements

Disbursements are the essential payments paid separately to the handling fee, which will allow for the necessary searches to be carried out like:

• Local authority searches
• Environmental searches
• Property fraud searches
• Water and drainage searche

Note: this list is not exhaustive.

These search fees will be paid to a third party by your solicitor or conveyancer, most of which will be expected to be paid at the start of the conveyancing process. Your solicitor or conveyancer should be able to give you a breakdown of how much each of these services will cost and when payment must be made.

Final thoughts

Whether you hire a solicitor or a conveyancer is partially a matter of choice. However, keep in mind that when buying a house, most mortgage lenders require you to use a solicitor or licensed conveyancer from their approved panel, which limits your choice.

Before you choose who will be responsible for handling the legal aspects of buying a house, make sure to request for quotes from several different conveyancers and solicitors, researching their credentials and the services they provide to see if the costs cover the services you need.

The right solicitor or conveyancer will have a high level of experience, be registered with a regulatory body, and be transparent about the costs involved in the buying process.