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 , on the other.
The
Legal Practice Act allows to perform . This means that
conveyancers can perform the clerical aspects of a conveyancing matter, but are not permitted to provide the , 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 "", many more act outside the law, performing not only the
, but also the legal work. Unfortunately, it is only when something goes
horribly wrong that the conveyancer is caught out.
The role of the "" 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 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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