Conveyancer / solicitor
Solicitors and conveyancers – what’s the difference [60]
Conveyancer / solicitor有什么区别？是否可以DIY？
I used to think those two terms (solicitor and conveyancer) mean the same, but they really are quite different. The difference is in what those lawyers can and cannot do and even in what they charge you for their services.
Every time a property changes hands the process is called conveyancing. The transfer from one owner to another has to be done in a certain legal way, you can do it yourself or with help of either solicitor or conveyancer.
If you do the transfer yourself, all you need is a DIY (Do-It-Yourself) conveyancing kit. You can purchase one online via several websites, such as diyconveyancingkits.com.au or legalkits.com.au.
If you decide to get a lawyer, who do you get, solicitor or conveyancer? Basically, the difference is that conveyancer can only give you legal advice about the property, whereas solicitor can advise you about the property and many other legal matters, such as tax matters, inheritance, etc. NSW Fair Trading website explains the difference between solicitors and conveyancers really well on this page.
In the terms of money they charge for their services, conveyancers are cheaper ($500 – $1000) and solicitors are dearer ($500 – $1500). And, of course, the cheapest option available is DIY conveyancing, really – about 90$ for a kit.
本来Conveyance / solicitor尽全力保护Buyer的利益，但是也有一些脑残Conveyance / solicitor吃里扒外，令人不解：
Conveyance / solicitor居然建议Buyer不要加Special condition [19] Question: 看到论坛里很多人说一定要将subject to finance and building/pest inspections加入买房合同。这样如果贷款或inspection出现什么问题能终止合同并拿回定金。但今天我的律师告诉我，卖方一般会拒绝加入这一条的。他做了十几年律师没有一个加了这条。他说在冷静期可以终止合同但一般定金拿不回来，除非对方存在法律方面的漏洞。真的是这样吗？请问大家是不是在合同里都加了这条啊？谢谢[19]
Answer: 如果在签合同之前没有拿到finance approval，一定要加subject to finance。是否加Pest和building inspection是抢房成功率和买到烂房率之间的平衡，如果真喜欢这房子，但是有不想在contract上加pest/building inspection，可以在sign your signature on the contract之前做inspection。相比于买烂房子再花上几万$的维修费用，这几百$的inspection费用简直是九牛一毛。