Choosing a Conveyancer - Your Rights
It is your right to choose your own conveyancer
As this is the person that represents you in this legal transaction
you will want to feel confident you have made the right choice for
this most important event.
Some points to note in making your decision include;
- Advantages of choosing an AIC member
- Advantages of choosing a Certified Practising Conveyancer (CPC)
- FIND A CONVEYANCER
The agent wants me to use his conveyancer
- is that a good idea?
Many real estate agents have local conveyancers to whom they refer work from properties they are selling. This is perfectly appropriate if based on the professionalism and expertise of the conveyancer and can be helpful if you don't know of a conveyancer yourself.
Remember, though, that your conveyancer is there to protect your interests; if you would rather select your own conveyancer, check our member directory or contact AICSA on 08 8359 2090 or by email firstname.lastname@example.org
The choice of conveyancer is yours, not the agent's.
Before you sign - Consult a Conveyancer.
Can I use the same conveyancer as the other party?
The Institute does not recommend doing so in most transactions. However, it is legal for both parties to use the same conveyancer (under certain conditions as stated in the Land and Business (sale and Conveyancing) Act 1994) and can often appear convenient to do so. Remember that your conveyancer is there to work for you and be your advocate, not just stamp some forms and fill in the blanks.
A conveyancer acting for both buyer and seller must cease to act if a conflict of interest arises (for example if the same advice cannot be given to both parties). Conflicts can arise over all sorts of issues such as a delayed settlement or unfulfilled special condition. It is generally impossible to predict when this may happen. The savings from using the same conveyancer are small but the risks are potentially huge. Significant delays often occur if the conveyancer must cease to act in a transaction. Ask yourself if you're really comfortable using the same person as the other party or if you would feel better working with your own conveyancer.
What path to take?
Who to choose?