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In most Commonwealth countries, a conveyancer is a specialist lawyer who specialises in the legal aspects of buying and selling real property, or conveyancing. [1] A conveyancer can also be (but need not be) a solicitor, licensed conveyancer, or a fellow of the Institute of Legal Executives.
Conveyancing work may be performed by lawyers and/or licensed conveyancers (people who are not lawyers, but are licensed under the Conveyancers Act 2006 (VIC) [2] [clarification needed]). In Australia , licensed conveyancers are governed by consumer protection legislations and regulators of the various States. [ 3 ]
A solicitor (or attorney) is a lawyer who prepares cases and gives advice on legal subjects. In some jurisdictions, solicitors also represent people in court. Fused professions, where lawyers have rights of both barristers and solicitors, have emerged in other former English common law jurisdictions, such as the United States, India, and Pakistan.
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. [1] A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title).
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions.A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such.
Estate agents are mainly engaged in the marketing of property available for sale and contract reassignments, [1] and a solicitor or licensed conveyancer is used to prepare the legal documents. In Scotland , however, many solicitors also act as estate agents, a practice that is rare in England and Wales .
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The sale of a house in the United States or Canada might involve some or all of the following steps: Hiring of a real estate broker the seller and handle the logistics of the advertising and sale, except for "for sale by owner" properties where the owner(s) may consult legal counsel or obtain copies of a real estate contract.