100 reasons why you should use a lawyer instead of a conveyancer to perform your conveyance-brief version.

100 reasons why you should use a lawyer instead of a conveyancer to perform your conveyance-brief version.

A conveyance is legal transaction and should be performed by lawyers not conveyancers:

So what are the points of differentiation?

A lawyer

graduated in the top 5% of the state in HSC (VCE) to pass the entrance exam to get into uni law,  in my case, Melbourne University

A conveyancer

Is usually an ex legal secretary

A lawyer

Has a law degree

A conveyancer

Has no formal tertiary legal qualification

A lawyer

Completed 12 months of articles under a senior lawyer before admission

A conveyancer

Has no minimum qualifying period of legal practice.

A lawyer

Is a member of the Law Institute and is responsible to them for disciplinary code

violation and to the Legal Ombudsman

A conveyancer

Is not a member of any body

A lawyer

Has professional indemnity insurance up to 1million

A conveyancer

Has no mandatory insurance cover.

A lawyer

Has a trust account that is reconciled and balance each month and audited by the Law

Institute auditor each year and also at random

A conveyancer

Has no trust account, no auditor

    A lawyer

Is governed by a set of rules of practice called the Solicitors (Audit and Practising Certificate) Rules (“the rules”) as well as the Legal Practice Act (Vic) 1958 (“the Act”) together with the ethical and professional standards set by the peers and society.

conveyancer

Is governed by no rules, no standards.

A lawyer

Is allowed to draft legal document ie. A Section 32, Vendor’s Statement, Contract of Sale, Section 27 Statement (for the release of deposit) and Transfer of Land, Statement of Goods.

A conveyancer

Is not allowed to draft legal documents  or to give legal advice and can be prosecuted by the police for this.

All a conveyancer can legally do is to perform a purely secretarial or administrative task. If the conveyance states that a lawyer is retained to perform all legal work then ask who that lawyer is, and ask what is the basis of the retainer?

How are you charged by that lawyer and can you choose your own lawyer?

A lawyer

Is a barrister and solicitor and an officer of the Supreme Court and the High Court.

A conveyancer

Is anyone?

So what issues does your lawyer need to address in the conveyancing transaction?

here are just  a few questions (in alphabetical  order)  to ask your  conveyancer  before you decide to use their service instead of that  of a lawyer!

Why engage someone  to control  possible the largest financial transaction  in your life and to control  your (hard  earned)  money when that person is or may be:

•  unqualified,

•  inexperienced,

• ill equipped  to perform  it professionally,  and

who in so doing may be in breach  of the

•  law,

•  ethics and

•  professional standards and

•  who  may have  no professional body to report and

•  who  may not have  an independently audited trust account and

•  who  many be liable to prosecution for engaging in unqualified legal conduct?

Using  a conveyancer  instead of a lawyer  is like.

•  Using a nurse instead of surgeon to perform surgery, (hope it’s not your brain and hope it not your child being operated on),

•  Using an assistant  instead of a dentist to extract or fill your teeth (does it hurt yet?)

•   Using a bookkeeper instead of an accountant  to complete your tax returns, (hope you get all your lawful tax deductionsl)

•  Using a hostess instead of a pilot to fly the plane (hope you have safe trip!)

And using a conveyancer instead of a lawyer has the same chance of a successful outcome!

How much do you reallsave?

All up what it costs disbursements   rates and plannincertificates settlement, lodging and stampinfees charged  ?

Maybe $100.00 to $150.oo.?

Over the entire valued of the transaction   say $250,000.00 $500,000.00, $750,000.00 that  is what %? On a $500,00.00 purchase,  it is say 0.0002of the purchase  price.

Have you heard  the proverbs  that:

•  "You get what you pay for?"

•  "if you pay peanuts,  then you get monkeys?"

•  "are you being pennwise, but pound foolish?

• "If it sounds too good to be true,  then iis too good to be true!"

•  "Don't  compare  apples with oranges".

Why bargain  away your  property  and your  hard  earned money?

Ask for an upfront  quotin writing  before you start  but you want  an all up figure:

costs

disbursements

title search and rate and planning certificates (list them)

company search (if required)

Settlement fees

Petties

(watch the fine print! Plus plus plus )

There is an old Italian saying that a very wise, very old Italian man once told me which roughly translated reads:

"Whosoever refuses to pay the Master, shall later pay both the servant and his Master!"

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