In most Commonwealth countries, a conveyancer is a specialist

lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...

who specialises in the

legal Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...

aspects of

buying Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market. Traders generally negotiate through a medium of cred ...

and selling

real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...

, 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, licensed conveyancer, or a

fellow A fellow is a title and form of address for distinguished, learned, or skilled individuals in academia, medicine, research, and industry. The exact meaning of the term differs in each field. In learned society, learned or professional society, p ...

of the Institute of Legal Executives. 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 Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...

, promote effective competition in the legal services market and provide choice for consumers. Services offered by conveyancers vary from Residential Conveyancing,

Probate In common law jurisdictions, 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, in the absence of a legal will, the e ...

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 An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

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