How do I avoid getting scammed?
Very glad you thought to ask! It’s something we want all our clients to be aware of at all times. Cybersecurity is a major focus for us, and we take a number of steps to keep your transaction safe.
At the start of every matter, we provide detailed advice on how to protect yourself from scams, especially those targeting property buyers and sellers. Most cyber risk management is behavioural, so we take a multi-pronged approach to help you stay secure. Your peace of mind matters. If something doesn’t feel right, we want you to call us, no question is too small when it comes to protecting your hard-earned money.
Do I need a lawyer or a conveyancer? What’s the difference?
Good question, and very hard to give a quick answer, so click through to view all FAQs for the full answer!
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In New South Wales, solicitors and conveyancers are both legal professionals who can help you with the process of buying or selling property. However, there are some differences in their roles and qualifications.
A solicitor is qualified to provide legal advice and representation in a wide range of areas, including property law. In NSW, a solicitor must have completed a law degree and be admitted to the Supreme Court of NSW as a legal practitioner. Solicitors can provide advice and representation on a range of legal matters related to the purchase or sale of property, including all the issues that can arise during negotiation, exchange and settlement, and also provide advice and advocacy regarding dispute resolution should that arise.
By contrast, a conveyancer is a professional who is specifically qualified to provide advice and services related to property transactions. In NSW, a conveyancer must hold a conveyancing licence issued by the NSW Office of Fair Trading. They are qualified to provide advice on legal matters directly related to the conveyancing process, such as property searches, contract preparation and settlement.
One key difference between a solicitor and a conveyancer is their scope of practice. While a solicitor may be able to provide legal advice on a wide range of legal matters (property, wills, family law, commercial law), a conveyancer is specifically trained and licensed to provide advice and services related to property transactions.
Solicitors with litigation experience have a keen eye for detail and are skilled at identifying potential issues before they arise. They are accustomed to reviewing contracts and agreements from a critical perspective (we sometimes call it the “pointy end”) and can spot potential problems that a less experienced solicitor or conveyancer may overlook. They can also provide valuable insights into what steps can be taken to avoid a transaction being derailed and incurring the hefty costs involved with a dispute.
One might think of a property lawyer as a “transactional” lawyer (as opposed to a “court” lawyer, or litigator). A property purchase is just a transaction. What can a litigator offer? Well, one of the advantages of working with a Solicitor who has litigation experience (in any area of law, be it property, estates, commercial law) is that they have seen firsthand the potential pitfalls and disputes that can arise during a transaction. Litigators know how disputes come about because of poorly drafted contracts or ambiguous clauses, and this experience can give them a better understanding of how to draft and negotiate contracts to avoid similar issues in the first place.
So, is a solicitor necessarily better? While solicitors may have a wider range of skills and qualifications than conveyancers, the fact is that not all solicitors specialise in property transactions. Some solicitors, if they focus their practice in other areas of law, may not be up to date with changes in the law and may not be proactive in their approach to the conveyancing process. (At Symmetry Legal, we can spot these kinds of practitioners a mile away, but for a potential client who ‘doesn’t know what they don’t know’, it can be hard to discern whether someone knows their stuff.) In contrast, a licensed conveyancer who only deals with property transactions is likely to have a more focused and efficient approach than a solicitor who only ‘dabbles’ in property conveyancing. At Symmetry Legal, we have a great deal of respect for licensed conveyancers and work proactively with them to ensure that all parties are satisfied with the outcome of a transaction. That being said, we also have the broader legal expertise and experience to handle any complex legal issues that can arise during a property transaction, making us the ideal choice for those seeking a knowledgeable and discerning conveyancing service.
When it comes to navigating the complex and often challenging world of property transactions, experience and expertise matter. By choosing Symmetry Legal, you can benefit from the knowledge and skill of solicitors with extensive experience in litigation and difficult property matters and a keen eye for detail and risk. We are dedicated to providing you with the best possible service, and we will work to ensure that your property transaction is as smooth and stress-free as possible.
What does a conveyancing practitioner actually do?
A conveyancing practitioner, who can be either a solicitor or a licenced conveyancer, handles the legal side of buying or selling property, as well as other property dealings such as caveats, mortgages, easements and leases. That includes preparing contracts, reviewing documents, liaising with banks and agents, and ensuring settlement goes smoothly.
Can you help with commercial property or leases?
Yes. We advise on commercial purchases, leases, and business sales. Whether you’re a landlord, tenant, or buyer, we’ll help you understand your rights and obligations.
What is a “disbursement”
This is a payment on your behalf to a third party, for services required to be obtained as part of providing a legal service to you.
We may incur disbursements from third parties such as barristers, searching agents, councils and regulatory authorities.
For example, in a conveyancing matter, there are a number of essential searches and certificates that must be obtained in order to fulfil disclosure requirements or perform adequate due diligence.
We endeavour to give you as accurate a picture as possible of the anticipated disbursements in your matter when we first advise you, and update those estimates when and if they change.
Do you do Fixed Fees?
We understand our clients’ need for clarity around billing. We have fixed fees for a number of our services, including conveyancing.
We can also do fixed fee billing for certain commercial work and discrete advices. Just contact us for a quote.
Why are you called Symmetry Legal?
Funnily enough, the idea for the name “Symmetry Legal” came about during a philosophical conversation with a quantum physicist, about the fundamental laws that underpin our existence.
Nature is governed by many laws. Symmetry is, metaphorically, their constitution. The law allowing a dancer to control the speed of their spinning is the conservation of angular momentum. But that, itself, is the consequence of a symmetry – the rotational symmetry of the world the dancer lives in.
Most of the phenomena we observe everyday are chaotic. They may appear under control in the short term, but small perturbations can affect the future evolution and make it unpredictable in the long term. Chaos arises when a physical system has more degrees of freedom than it has symmetries. In this sense, symmetry is the antidote to chaos.
We like the fact that our name contemplates the laws of nature, the laws of thermodynamics, or the Maxwell equations (the first of which is represented in our logo) that both explain how and why things work the way they do, and also allow us to harness the forces of nature to achieve wondrous things.
