If you are buying, selling or refinancing property in New Zealand, you may be wondering whether you need a lawyer or a conveyancer.
Both can help with property transactions, but there are differences in their qualifications, scope of practice and areas of focus.
The right choice depends on what you are doing and the type of advice your situation requires.
At Conveyancing Plus, property transactions are our day-to-day focus. We believe it is important that you understand who you are working with, what they can do and when another professional may need to be involved.
What Is a Conveyancer?
A conveyancing practitioner is a qualified professional who specialises in property and business transactions.
In New Zealand, conveyancing practitioners operate within a regulated professional framework and can undertake conveyancing work independently when appropriately qualified and authorised to do so.
Their work can include:
Buying and selling property
Reviewing Sale and Purchase Agreements
Checking property titles
Managing agreement conditions
Property refinancing
Mortgage and title work
Property transfers
Co-ownership arrangements
Subdivisions
Commercial property and business transactions
Settlement and transfer of ownership
Because conveyancers focus heavily on property transactions, they can build substantial practical experience in the issues that commonly arise when property changes hands.
What Is a Lawyer?
A lawyer is qualified to practise law and may provide advice across a much wider range of legal areas.
Depending on their area of practice, this could include property, relationship property, family law, litigation, employment, commercial law, criminal law and estates.
Some lawyers specialise heavily in property, while others work across several different areas.
So the question is not simply whether you should use a conveyancer or a lawyer. It is also worth asking:
How much experience does this person have with the type of property transaction I am undertaking?
Conveyancer vs Lawyer: What's the Difference?
The main difference is generally the scope of work each profession undertakes.
A conveyancer has a more specialised practice focused on conveyancing and property or business transactions.
A lawyer can practise across a broader range of legal matters, although individual lawyers may choose to specialise in property.
| Service / Capability | Conveyancer | Lawyer |
|---|---|---|
| Can handle property conveyancing? | Yes | Yes |
| Can assist with buying and selling property? | Yes | Yes |
| Can assist with property refinancing? | Yes | Yes |
| Can review Sale and Purchase Agreements? | Yes | Yes |
| Can specialise in property transactions? | Yes | Yes |
| Has a broader general scope of legal practice? | No | Yes |
| May refer matters outside their professional scope? | Yes | Depends on expertise |
The most important consideration is whether the professional you choose has the appropriate expertise and scope for your circumstances.
Why Might You Choose a Conveyancer?
One reason people choose a conveyancer is specialisation.
Most people only buy, sell or refinance property occasionally. A specialist conveyancer deals with property transactions every working day.
At Conveyancing Plus, we have completed thousands of transactions involving different properties, people and circumstances.
That experience helps us know where to look, what questions to ask and when something may require closer attention.
We call those potential issues the “fish hooks”.
They may involve the title, LIM, building work, finance, easements, covenants, trusts, ownership arrangements or agreement conditions.
Our role is to identify relevant concerns, explain them in plain English and help you understand what they could mean for your decision.
When Might You Need a Lawyer?
Sometimes a property transaction raises legal issues outside the scope of the conveyancing work being undertaken.
For example, a transaction may become connected with a dispute or another area of law requiring specialist legal advice.
When that happens, an appropriately qualified lawyer or another specialist may need to be involved.
A complex property transaction does not automatically mean you need a lawyer rather than a conveyancer. Conveyancing practitioners can work with a wide range of property matters within their professional scope.
At Conveyancing Plus, this includes residential purchases and sales, refinancing, subdivisions, co-ownership arrangements, family property transfers, commercial property and business transactions.
If another specialist is required, we will explain why.
What About Buying a House?
If you are buying a house, either a conveyancer or a property lawyer may be able to complete the conveyancing work.
Whichever you choose, ideally speak with them before signing the Sale and Purchase Agreement.
They can review the agreement, discuss the proposed conditions and identify matters that may need further investigation.
Depending on the property, this could include:
The property title
Easements and covenants
LIM information
Finance conditions
Building-related information
Due diligence requirements
KiwiSaver requirements
Ownership arrangements
Getting advice early gives you an opportunity to understand these matters before becoming legally committed to the purchase.
Is a Conveyancer Cheaper Than a Lawyer?
Not necessarily.
Fees vary between providers and depend on the type and complexity of the transaction.
Some conveyancers and law firms offer fixed fees for standard property transactions, while more complex work may be priced differently.
Rather than comparing the headline price alone, check what the quote includes.
Ask whether additional costs may apply for matters such as KiwiSaver withdrawals, trust or company ownership, title issues, additional documentation or unexpected work.
You should also check whether disbursements, such as registration fees and title searches, are included or charged separately.
At Conveyancing Plus, fixed fees are available for many standard property transactions. We explain what our fee covers and identify other likely costs when preparing your quote.
See Our Conveyancing Fees →
How Should You Choose Between a Conveyancer and a Lawyer?
Start by considering the type of help you need.
Useful questions to ask include:
Does this person regularly handle property transactions like mine?
Do they have experience with any unusual aspects of my situation?
Will they explain things in language I can understand?
Who will actually manage my transaction?
How easy will it be to contact them?
What does their quoted fee include?
What happens if another specialist is required?
Property transactions involve significant financial commitments, so price should not be the only consideration.
Experience, communication and the ability to recognise potential risks matter too.
Conveyancer or Lawyer? Choose the Right Expertise
Both conveyancers and lawyers can play an important role in New Zealand property transactions.
The right choice depends on your circumstances, the transaction and whether there are wider legal issues that require additional expertise.
If your matter is primarily a property transaction, a specialist conveyancing practitioner may provide the expertise you need. If your situation involves legal issues outside conveyancing, a lawyer or another specialist may also need to be involved.
The important thing is to get the right advice early – preferably before you sign anything.
Conveyancing Plus provides specialist property and conveyancing services from our offices in Waiuku and Pukekohe, supporting clients throughout Franklin, South Auckland and beyond.
Buying a property? Learn more about our Buying a Property service →
Or talk to Conveyancing Plus about your property transaction and find out how we can help.
