Whether you are buying or selling property, it is important to get independent legal advice.
You might be tempted to do your own legal work, encouraged by the multitude of internet sites and do-it-yourself kits available and the prospect of saving money.
However if you choose not to engage a solicitor you may make mistakes that could cost you both financially and emotionally.
Solicitors can guide you through the potential pitfalls of the law in Queensland. They understand the complexities and consequences of the law and can often find better alternatives which you may not have considered.
Using a solicitor will give you the added protection and peace of mind of knowing they must carry professional indemnity insurance. This protects you if something goes wrong because of action taken, or not taken, by your solicitor.
When choosing a solicitor, shop around and compare different solicitors' experience, service and costs. It is always in your best interest to employ a solicitor who is experienced in the area of law you require. If engaging a solicitor to help you buy or sell your home, it is best to choose a legal firm that specialises in conveyancing.
When looking for a solicitor, consider solicitors you or your family or friends have used in the past, preferably to help buy or sell a home. When a solicitor is recommended, take the time to ask about the level and style of service you can expect to receive.
It's also important to ensure your solicitor is independent of any other party you're dealing with in the property transaction.
Remember, you do not have to use the services of solicitors recommended to you by an agent, property developer, or other party involved in the property transaction. It is wise to seek your own independant legal advice.
The Queensland Law Society (www.qls.com.au or (07) 3842 5842) has an online and phone referral service which lists solicitors in your area. Solicitors and legal firms also advertise their services in many places such as the Yellow Pages and your local paper.
If buying, you can ask your solicitor to:
If you wish to shorten or forego your 5 day cooling-off period, your solicitor can issue you with a certificate, Lawyers Certification PAMD Form 32a to do this. However, it is not recommended that you in any way reduce your cooling-off period.
This form disclosing the solicitor's beneficial interest must be provided to you unless you are buying residential property sold at auction.
If selling, you can ask your solicitor to:
Get a detailed quote for the legal work you want done before you appoint a solicitor.
For some routine legal work, such as conveyancing, solicitors will probably provide a set price. The costs for conveyancing work can vary widely, so it is best to shop around.
For other matters, however, it is often difficult for a solicitor to accurately estimate how much it will cost and they may charge on an hourly rate.
It is important that you discuss costs with your solicitor and understand them. If the work is estimated at more than $750 or is not urgent, your solicitor will ask you to sign a client agreement which ensures both you and your solicitor have agreed on the terms of employment.
Contact the Queensland Law Society for further detail about how to contact a qualified solicitor.
For advice regarding resolving complaints about solicitors, see the Resolving complaints section.
