It's the first question most buyers ask, and the answers online are usually written by whichever profession is doing the answering. Here's the straight version, from someone who's been doing this for over 20 years.
What a licensed conveyancer does
A licensed conveyancer in NSW is a specialist in property transactions. We're licensed and regulated by NSW Fair Trading, carry professional indemnity insurance, and are restricted to property work — which is exactly the point. Conveyancing is all we do.
That covers buying, selling, transfers between family members, off-the-plan purchases, and commercial property. We review contracts, order and interpret the searches, negotiate amendments, calculate your duty, handle the trust money, and settle the matter electronically through PEXA.
What a conveyancing solicitor or property lawyer does
A solicitor can do everything above, plus practise law generally. Litigation, wills and estates, family law, commercial disputes — the whole field.
That breadth matters enormously when a property matter connects to another area of law, which happens more often than people expect. A purchase that's part of a family law settlement, an estate where the will is contested, a title with a caveat on it — these need a solicitor, and no competent conveyancer would suggest otherwise.
It's worth saying plainly: this isn't a competition. Plenty of solicitors refer their conveyancing to specialist conveyancers, and conveyancers refer matters back when they move beyond property. We do both, regularly.
The honest test
A conveyancer is right when the transaction is a property transaction. You're buying a house, a unit, a townhouse. You're selling one. You're transferring a share to your partner. The contract is a standard form, the parties agree on what they're doing, and the work is getting it done correctly and on time. That's the overwhelming majority of matters.
A solicitor is right when there's a legal dispute or another area of law in play. The vendor is refusing to settle and you're considering action. The property is caught up in a divorce with contested orders. There's a caveat lodged you don't understand. You're structuring a purchase through a trust with tax consequences you need advice on. A deceased estate where the will itself is being challenged.
Notice the pattern: it isn't about the price of the property or how complicated the building is. A $4 million purchase with a clean contract is conveyancing work. A $600,000 purchase with a boundary dispute may not be.
Ask this question of whoever you engage
If a genuine legal issue surfaces mid-matter, a conveyancer is obliged to tell you it's beyond our scope and refer you to a solicitor. Any conveyancer worth engaging will say so early rather than press ahead.
So when you're choosing, ask directly: what happens if something comes up that you can't handle? A good answer describes the referral relationships they already have. A vague one tells you something too.
What about cost
Fees vary by firm far more than they vary by profession, and the headline number is the least useful part of a quote. What matters is the fee plus disbursements, and whether the quote you were given resembles the invoice you receive.
Ask for a fixed fee with a clear breakdown of anticipated disbursements. Searches, certificates and settlement costs are real expenses, and they should be visible up front rather than appearing at the end. A cheap fee attached to a vague estimate of "additional costs" isn't cheap.
Ask the same question of a conveyancer and a solicitor, compare like with like, and choose on the answer rather than the job title.
The question that actually matters
Not "conveyancer or solicitor" — who is doing the work, and will they answer the phone?
Property transactions run to deadlines that don't move. Cooling-off expires. Finance approval has a date. Settlement is booked. What you need is someone who reads your contract properly, tells you the risk in plain language, and responds the same day when something changes.
That's a question about the individual, not the qualification. Ask who will personally handle your file. If the answer is vague, keep looking.
How we work with clients at Malko Conveyancing
At Malko Conveyancing, Tanya Kats acts on every matter personally, from the first call through to settlement. Fixed fees, a clear breakdown of anticipated disbursements, same-business-day responses, and PEXA electronic settlement.
We also work alongside solicitors regularly — on estates, on family law settlements, and on matters where a solicitor is handling the broader picture and wants the property side run by someone who does nothing else. If your matter needs a solicitor, we'll say so and help you find the right one.
Not sure which you need? Book a free 15-minute call and describe the transaction. If it's conveyancing work, we'll quote it. If it isn't, we'll tell you who to talk to.
Tanya Kats is the Director of Malko Conveyancing and a Licensed Conveyancer in NSW. This article is general information and not legal advice for any specific matter.