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Conveyancers Can't Do The Legal Work!

It is important to differentiate between the full lawyer conveyancing services provided by qualified legal practitioners, on one hand, and the simple clerical services available through conveyancers, on the other.

The Legal Practice Act allows conveyancers to perform conveyancing work. This means that conveyancers can perform the clerical aspects of a conveyancing matter, but are not permitted to provide the legal advice, or to perform the legal work, associated with conveyancing transactions.

However, all conveyancing matters involve legal aspects that cannot be performed by conveyancers, and which require the involvement of a lawyer.

For example, a conveyancer is not permitted to draft ANY of the following documents:

•  A Contract for sale of real estate.
•  A Transfer or conveyance.
•  A Rescission notice.
•  A Statement of adjustments.
•  A Licence agreement.
•  A Power of attorney.
  and numerous other important documents.

While some conveyancers engage lawyers as their "supervising solicitor", many more act outside the law, performing not only the conveyancing work, but also the legal work. Unfortunately, it is only when something goes horribly wrong that the conveyancer is caught out.

The role of the "supervising solicitor" has also created difficulties, as "supervising solicitoirs" regard the conveyancer as their client. This means that the conveyancer's client cannot have access to the lawyer in any direct lawyer/client sense.

The problem is compounded by the fact that only a lawyer carries professional indemnity insurance to cover legal advice and legal work associated with conveyancing matters.

The most important contribution a lawyer makes to the conveyancing process is "peace of mind". RELV add another very important factor: Low Costs.







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