Some may see outlining what makes a good property lawyer by a property lawyer as a fairly self-serving exercise. However, the quality of property lawyers and conveyancers in the market varies significantly. Many clients don't know what they're missing out on.
Specialist knowledge/expertise
The property lawyer that you use should have a thorough understanding of property law. That's a bit obvious, I know. But in actual fact, many practitioners and particularly conveyancers, don't understand the theory and legal basis for property transactions. You need a property lawyer who not only knows the procedures for ensuring you get good title to a property or that you transfer your property smoothly, but who understands why those procedures are in place. When you understand why certain things need to be done, it gives you a stronger basis to come up with an effective solution to a problem that may arise.
Other related knowledge/expertise
Property transactions touch on a number of different areas of law. Your property lawyer should have an adequate understanding of GST, duty, capital gains tax, land tax and trusts. There may be ways to minimise taxation or reduce liability by structuring the transaction in a particular way. Sometimes contractual or litigious issues arise in a property transaction. Your property lawyer should be able to advise you in relation to all these issues.
Jonathan Marquet
Emil Ford & Co.
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