Can I Use a Conveyancer Instead of a Solicitor?
In a property transaction, you can use either a Licensed Conveyancer or a Conveyancing Solicitor. Both professionals are qualified to handle property conveyancing matters. However, some key differences between them may influence your decision.
Conveyancers are generally more cost-effective for standard transactions, while solicitors may be beneficial for complex matters or disputes.
Conveyancing is the legal process for transferring property ownership from one person to another. It includes property searches, drafting and exchanging contracts, and registering the transfer with the Land Registry.
Council for Licensed Conveyancers or Solicitors Regulation Authority
The firm you instruct to help you buy or sell your home will be regulated by either the CLC or the SRA. The CLC regulates licensed conveyancing firms and the SRA regulates solicitor firms.
What is the difference between a conveyancer and solicitor?
Conveyancers are specialists in property law. However, they are limited in their ability to handle complex legal issues.
Solicitors are trained in all areas of law and must be members of The Law Society UK. This means they can offer a wider range of legal services, including property law. As a result, they typically charge more than conveyancers.
Both solicitors and conveyancers are regulated and must adhere to professional standards. The choice between the two ultimately depends on your specific needs and budget.
If you anticipate encountering complex legal issues or require additional legal services beyond property law, a solicitor might be the better option.
Are conveyancers solicitors?
No, conveyancers are not solicitors. While both are legal professionals, they have different qualifications and regulatory bodies.
Solicitors are trained in all areas of law but often specialise in a specific field. For example, you probably wouldn't instruct a criminal law specialist on a house purchase.
Conveyancer vs Solicitor: Who is more qualified for my needs?
Conveyancers
- Undergo specific training and education in property law.
- Entry-level is a CLC Technician and the full qualification is a CLC Lawyer.
- Are regulated by the Council for Licensed Conveyancers (CLC).
- Focus on property law, but may also be involved in landlord and tenant disputes or boundary disputes.
- Must adhere to the CLC Handbook; failing to do so could mean the CLC lawyer gets a warning or is struck off.
- NOTE: You can check to see if a Licensed Conveyancer is struck off by visiting the CLC website.
Solicitors
- Cover various areas of law such as contract law, family law, and criminal law.
- Can represent clients in the lower courts (magistrate court, county court, and tribunal).
- With specialist training are also able to represent them in higher courts (crown court, high court, court of appeal).
- Typically study Law for 3 years at university, spend 2 years at Law College and 2 years as a trainee solicitor (7 years in total).
- Are regulated by the Solicitors Regulation Authority (SRA).
- Can handle conveyancing.
- Must adhere to the SRA Code of Conduct 2011 and failing to do so could mean the solicitor gets a warning or is struck off.
- NOTE: A struck-off Solicitor cannot practise. You can check to see if a Solicitor is struck off by visiting the Law Society website.
Is a conveyancer or solicitor cheaper?
The key factor affecting cost is the scope of services provided, but fees can vary based on experience, reputation, and the size of the legal firm.
Conveyancers are generally considered more cost-effective than solicitors for standard property transactions.
Solicitors may charge higher fees due to their broader legal expertise and ability to handle more complex or specialised matters.
It's important to note that typically, the higher the property value, the higher the conveyancing fees.
Some properties with more complex legal structures such as leaseholds, shared ownership, or listed buildings will also command higher conveyancing fees.
- Expert panel of conveyancing solicitors, with local knowledge.
- Your transaction is protected by our No Sale, No Fee policy. Terms apply.
- Fixed fee conveyancing.
- We are on 99% of mortgage lender panels.
- We can solve any property challenge.
Should I use a conveyancer or solicitor for my transaction?
For most standard property transactions, such as buying or selling a residential property without any significant complications, a conveyancer is often a reasonable and cost-effective option.
If your transaction involves complex legal issues, such as leasehold properties with restrictive covenants, planning disputes, or properties part of an estate or trust, a solicitor with specialised expertise might be more beneficial.
You may be better off with a solicitor if:
- You're selling a house with your ex and there is an ongoing dispute over your beneficial shares.
- You're buying a cash-only doer-upper and there is serious investigation and negotiation required to ensure you protect your money.
- You're buying a marital home for your second marriage, and you need a solicitor who can also draft a prenup to protect your child's inheritance.
A beneficial compromise is to opt for a conveyancing firm that has a team of both solicitors and conveyancers, they will assign the work appropriately so the client benefits from both the cost-effectiveness of using a conveyancer and an expert solicitor as required.
What to look for in a conveyancer or solicitor
- Look for a professional with experience handling similar transactions to yours.
- Ensure they have the necessary qualifications (CLC for conveyancers, SRA for solicitors).
- Check online reviews and ask for recommendations. Beware of inflated or paid reviews.
- Good communication is essential for a smooth transaction.
- Obtain a clear quote upfront and ask them to itemise additional costs.
Do I need a local solicitor or conveyancer?
While local solicitors may be familiar with the local property market and offer face-to-face meetings, online solicitors offer many advantages for convenience, accessibility, and cost-effectiveness. Ultimately, the best choice depends on your individual preferences and needs.
Local solicitor firms have a local network, but online solicitors can access a wider pool of expertise, potentially providing more specialised knowledge for difficult transactions.
SAM's top tips
Don't rely on estate agent referrals
The estate agent selling the property will often suggest a solicitor that they have a commercial relationship with. They are paid a fee for referring the lawyer, usually between £200 to £500.
These referrals don't guarantee a good service. You should never feel forced into using your estate agent's solicitor.
Slow quote, slow service
You'll find that when you want a conveyancing quote some firms provide:
- an online conveyancing calculator which is great for doing some window shopping for price comparisons; or
- quotes after you call the Solicitor and discuss your conveyancing requirements.
Online quotes should be normal practice, however, if your Solicitor sends you a quote by email or post and it takes longer than a day to reach you, it might be a sign of things to come.
Law firms that embrace technology can offer a more streamlined and efficient conveyancing process.
Caragh is an excellent writer and copy editor of books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey, property law and mortgage-related articles.
