Conveyancer vs Solicitor: Who Should Handle Your Property Purchase?

If you are about to buy a home, one of the first questions you will run into is who should handle the legal work. Search around and you will see "conveyancers" and "property solicitors" advertised side by side, often at very different prices. So, is a conveyancer a solicitor? The answer depends on which state you are buying in, and in Queensland it works differently from almost everywhere else in Australia.

This guide explains the legal distinction between a conveyancer and a solicitor, why Queensland law treats conveyancing as legal work, and how to decide what level of legal support your purchase actually needs. If you are buying on the Gold Coast or anywhere in Queensland, the real choice is not conveyancer versus solicitor. It is what kind of law firm you trust with what is likely the biggest contract you will ever sign.

Is a Conveyancer a Solicitor? The Short Answer

Not always. In New South Wales, Victoria, South Australia, Western Australia, Tasmania and the Northern Territory, a licensed conveyancer is a separate occupation. They hold a state licence to handle property transfers, but they are not lawyers and are not admitted to practise law.

Queensland is different. There is no licensed conveyancer profession here. Under section 24 of the Legal Profession Act 2007 (Qld), a person must not engage in legal practice unless they are an Australian legal practitioner, and paid conveyancing falls within legal practice. In practical terms, anyone you pay to do your conveyancing in Queensland must be a solicitor, or a staff member working inside a law practice under a solicitor's supervision.

That is why a business calling itself a "conveyancer" in Queensland should, if it is operating lawfully, be a law practice or be backed by one. You can still choose to do your own conveyancing, but you do so at your own risk.

What Is a Conveyancer?

In the states that license them, a conveyancer is a property transfer specialist. Their training focuses on the mechanics of buying and selling: reviewing the standard contract, ordering searches, calculating settlement adjustments, liaising with lenders and completing settlement, which is now usually done electronically through PEXA.

Their licence also has firm boundaries. In New South Wales, for example, the NSW Government's conveyancer licensing rules state that licensed conveyancers cannot commence or maintain legal proceedings, create, vary or extinguish a trust, prepare a will, or give investment or financial advice. Their role is the transaction itself, not the wider legal picture around it.

In Queensland, the people you might think of as "conveyancers" are usually experienced conveyancing clerks or paralegals employed by a law firm. They often do much of the day-to-day file work, but a solicitor remains legally responsible for the matter. For a step-by-step view of that work, see our guide to what a conveyancer does when you buy a house.

What Is a Solicitor (Conveyancing Lawyer)?

A solicitor is a lawyer who has completed a law degree and practical legal training, been admitted to the legal profession, and holds a current practising certificate. Queensland solicitors are regulated by the Queensland Law Society and the Legal Services Commission, must carry professional indemnity insurance, and owe professional duties to their clients.

When a solicitor handles your purchase, they do everything a conveyancer would do, plus they can give you legal advice on anything the transaction touches. That includes drafting and negotiating special conditions, advising on your rights if something goes wrong before settlement, structuring the purchase through a trust or company, and acting for you if a dispute escalates. Some solicitors go further and become Queensland Law Society Accredited Specialists in Property Law, a credential that requires demonstrated experience and assessment in property law.

Conveyancer vs Solicitor: Key Differences

Here is how a licensed conveyancer (as they exist interstate) compares with a solicitor on the points that matter most to a buyer.

	Licensed conveyancer (NSW, Vic and other states)	Solicitor
Qualification	Conveyancing qualification and state licence	Law degree, practical legal training, admission and practising certificate
Can act for you on a Queensland property	No, paid conveyancing in Queensland is legal practice	Yes
Contract review and settlement	Yes	Yes
Legal advice beyond the transfer	Limited to conveyancing matters	Yes, across all areas the purchase touches
Trusts, wills and company structures	Not permitted (NSW)	Yes
Disputes and court proceedings	Not permitted (NSW)	Yes
Regulated by	State fair trading or consumer affairs regulator	Law society and legal services regulator (in Queensland, the QLS and Legal Services Commission)

Why Queensland Keeps Conveyancing in the Hands of Lawyers

Queensland's approach is not a technicality. The state has consistently treated the transfer of land as legal work, and that position is enforced.

In July 2023, the Legal Services Commission successfully prosecuted Elev8 Conveyancing Pty Ltd and its sole director for running a residential conveyancing business without being a law practice or holding professional indemnity insurance. The company was fined $12,000 and the director $4,000. In its media release on the case, the Commission stated that conveyancing "is a legal service in Queensland and can only be provided by qualified and licensed solicitors and law practices."

The same Act also draws a clear line for real estate agents. Agents can fill in and complete a standard property contract as part of their work, but section 24(3B) states that this does not include giving legal advice about the contract. If you have a question about a clause, a condition or a deadline, the agent is not the person to answer it, because they act for the seller.

When a Conveyancing-Focused Practice May Be Enough

Because every lawful Queensland conveyancing service sits inside a law practice, the practical choice is between a high-volume, conveyancing-only firm and a full-service law firm with a property team. A volume conveyancing practice can suit you when:

• You are buying a standard residential home on the REIQ contract with typical finance and building and pest conditions
• You are buying in your own name, not through a trust, company or SMSF
• The seller's disclosure statement and searches come back clean
• You have bought before and understand the process and deadlines

Even then, check who is actually reviewing your contract, whether you can speak directly to a solicitor, and what the quote includes. Our breakdown of how much conveyancing costs in Queensland shows why the cheapest headline fee is not always the cheapest outcome.

When You Need a Solicitor-Led, Full-Service Firm

Many purchases are not standard, and Queensland contracts have become more demanding since the seller disclosure regime under the Property Law Act 2023 commenced on 1 August 2025. A buyer now needs someone who can assess whether the seller's disclosure statement is compliant and advise on termination rights if it is not. Lawyer-led conveyancing adds real protection when:

• The contract needs negotiating: custom special conditions, early access, rent-back arrangements or amended finance terms
• You are buying off the plan: sunset dates, variation rights and disclosure obligations need close review. Our guide to buying off the plan explains the risks
• You are buying through a structure: a family trust, company or SMSF raises questions about who signs, duty and tax that sit outside the transfer itself
• Life events are involved: separation, a deceased estate, or a co-owner who cannot sign, where family law or estate law advice is needed alongside the conveyance
• The property is complex: units and townhouses with body corporate issues, unapproved building work, easements, development sites or commercial property
• Something goes wrong: a missed condition date, a defect found before settlement, or a party that cannot or will not settle

In each of these situations, a firm that offers more than conveyancing can deal with the issue in-house instead of referring you elsewhere mid-transaction, when time is shortest.

Frequently Asked Questions

Is a conveyancer the same as a solicitor?

Not in states that license conveyancers, such as New South Wales and Victoria, where a conveyancer is a separately licensed non-lawyer. In Queensland there is no licensed conveyancer profession, so paid conveyancing must be performed by a solicitor or by staff working under a solicitor's supervision within a law practice.

Do I need a conveyancer or a solicitor to buy a house in Queensland?

If you are paying someone to do your conveyancing in Queensland, it must be a solicitor or a law practice. You are legally allowed to do your own conveyancing, but you would carry all the risk of missed deadlines, contract errors and settlement problems yourself, and most lenders expect a legal representative to be involved.

Are conveyancers cheaper than solicitors?

Volume conveyancing practices often quote lower headline fees, but the difference usually reflects how much solicitor time and advice is included. Searches, registration fees and transfer duty are the same whoever you use. Always ask for an itemised quote and confirm whether advice on special conditions or problems is covered.

Can an interstate conveyancer handle my Queensland purchase?

No. A conveyancer licensed in New South Wales or another state cannot lawfully be paid to do conveyancing on a Queensland property, because that work is legal practice under Queensland law. Make sure whoever you engage is a Queensland law practice or is acting through one.

Can any solicitor do conveyancing?

Any solicitor with a current practising certificate can lawfully act on a conveyance, but experience matters. Property law has its own deadlines, forms and risks, so look for a firm with a dedicated property team and, ideally, an Accredited Specialist in Property Law.

Verdict: Who Should Handle Your Property Purchase?

So, is a conveyancer a solicitor? Interstate, often not. In Queensland, the law requires conveyancing to be done by solicitors and law practices, which means the more useful question is how much legal expertise stands behind your file. For a simple purchase, a conveyancing-focused practice may be enough. For anything involving negotiated conditions, off-the-plan contracts, trusts, separation, estates or a property with complications, a full-service firm led by property specialists gives you advice and protection a transfer-only service cannot.

OMB Solicitors has acted for Gold Coast buyers and sellers since 1968. Our property law team is led by Simon Bennett, a Queensland Law Society Accredited Specialist in Property Law, and works alongside our family, estates and business lawyers under one roof. Learn more about our Gold Coast conveyancing services, or contact us to have your contract reviewed before you sign.