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Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
countries, a conveyancer is a specialist
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicito ...
who specialises in the
legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
aspects of buying and
selling Sales are activities related to selling or the number of goods sold in a given targeted time period. The delivery of a service for a cost is also considered a sale. The seller, or the provider of the goods or services, completes a sale in r ...
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
, or
conveyancing 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. A typical conveyancing transaction has two major phases: the exchange of contract ...
. A conveyancer can also be (but need not be) a
solicitor 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 ...
, licensed conveyancer, or a
fellow A fellow is a concept whose exact meaning depends on context. In learned or professional societies, it refers to a privileged member who is specially elected in recognition of their work and achievements. Within the context of higher education ...
of the
Institute of Legal Executives An institute is an organisational body created for a certain purpose. They are often research organisations (research institutes) created to do research on specific topics, or can also be a professional body. In some countries, institutes can ...
. In England and Wales, conveyancers are regulated by an official body known as the Council for Licensed Conveyancers. Its main purpose is to set entry standards and regulate the profession of licensed conveyancers effectively in order to secure adequate consumer protection, promote effective competition in the legal services market and provide choice for consumers. Services offered by conveyancers vary from Residential Conveyancing,
Probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the sta ...
and Wills. Strong regulation is imposed to curb unfair practices which include among others false representation, exaction for hidden charges and double dealing. In Kenya, a conveyancer can only be an admitted advocate holding a valid current practising certificate. The consequences of not holding such a certificate is fatal to any transaction he undertakes on behalf of his client, and will be void. The client is therefore under obligation to do his due diligence by ensuring that his conveyancer has a current valid practising certificate by confirming this with the law society of Kenya. This was authoritatively decided by the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
in its decision of National Bank of Kenya Ltd. v. Wilson Ndolo Ayah. In Australia, a conveyancer is also known as a professional who specialises in property law and is governed by the Conveyancers Licensing Act 2003. Lawyers and conveyancers have the same responsibilities and liabilities when dealing with property matters but, lawyers are permitted to commence legal proceedings against other parties. On the other hand, conveyancers are permitted to hold a trust account and lawyers are required to undertake further study to be permitted to hold a trust account. To become a conveyancer, students must complete the following subjects: contract law, revenue law, mortgage law, land law, agency law, tort in private law and conduct code for conveyancers. A conveyance business must however be authorized in the state or territory where you buy or sell land. In Canada, a conveyancer is a legal clerk or a paralegal who assists lawyers in all aspects of conveying real estate.


References

https://legaliaspain.com/conveyancing-in-spain-7-key-points-to-succeed/ 7 Key points to succeed when Conveyancing Legal professions Real estate Solicitors {{Job-stub