Law Blog

In Queensland only solicitors are permitted to provide legal advice to the public relating to conveyancing whereas in some other states 'registered conveyancers' may perform conveyancing transactions on behalf of clients and provide their clients with advice. The body of law surrounding conveyancing in Queensland is enormous and complex, so we think this requirement is a good one for Queenslanders!

So how do you compare conveyancing quotes offered by different law firms/ solicitors in Queensland? Fortunately many solicitors now provide a fixed fee quote thanks to enormous competition in the industry, but there are still some subtleties to be aware of.

1. Outlays: included or not?

The first thing to ask the law firm you are obtaining a quote from is "does your quote include outlays?".

Conveyancing consists of two major components: professional fees and outlays.

Professional fees consist of the money you pay to your solicitor for their legal advice and time spent conducting your matter.

Outlays consist of those fees that your solicitor pays to third parties on your behalf to complete the transaction, such as the fee to the Queensland Government to register the transfer documentation, the fees charged by local councils and other bodies to provide information about the property (known as 'search fees') and sometimes a fee to cover the law firm's costs of attending settlement.

Many firms in Queensland will only advertise the professional fee component, so on the face of it the quote will appear very, very cheap.

For example one well known Queensland conveyancing law firm advertises their conveyancing fee for between $300 and $400, and only reluctantly reveals the true price as being in excess of $1,000 when outlays are included. This price is still reasonable, however clients have certainly felt shocked once they have heard the full story. Many people who are new to conveyancing (which is most people!) will just see the "$300" and think "bargain!" and look no further for other quotes. Then once they are signed up and the firm is already acting for them and the conveyancing process is well and truly under way they will realise that the deal isn't what it appeared to be.

So always ask your lawyer "Does your quote include outlays?"

2. What if things go wrong with my transaction?

In many cases your conveyancing transaction will start off smoothly but for one reason or another the settlement date will need to be extended. In other situations you may be forced into an argument with the other side of your transaction (either the buyer or the seller) and you may require the services of your lawyer to sort this argument out. If for any reason your conveyancing transaction does not settle on the date predicted, and your lawyer ends up spending more time than budgeted for on your matter, you may be liable to pay extra professional fees which can sometimes exceed $300 per hour.

This is almost universally the case with conveyancing solicitors and it is certainly reasonable for your solicitor to charge you a fee for their time spent advising you, but make sure you are aware in advance of how your lawyer charges for his or her time and on what basis. It's better to be forewarned of these things so you can a) be less surprised if things go wrong and b) you can budget more effectively for your conveyancing costs.

Feel free to contact us using our Conveyancing Quiz to see how Carroll Fairon Solicitors can help you.

This website contains general information only. This website does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.