The Changing Scope of Conveyancing Services in Victoria

Nov. 25, 2014 - PRLog -- Given the relative infrequency with which clients usually purchase conveyancing services, it is worth noting that the scope of conveyancing services being provided by Melbourne Conveyancers has changed substantially over the last decade and with it so too has the relative weight that has been given to the conveyancing process by buyers and sellers alike.

There is however a strong argument against the continued degradation of the role of the conveyancer in the buying process. Loosely speaking, the basic principle in property law is that debt travels with land. One of the most important roles a conveyancing in Victoria undertakes is to protect the interests of their client into the future by conducting adequate due diligence on the property intended to be purchased and doing so in such a way that any outstanding liabilities associated with the property can be adjusted at or prior to the settlement of the property into the named entity of their client the purchaser.

Due to the complex nature of conveyancing services, changes to the scope of work by practitioners and the increasing list of exclusions adopted means that the client protections are increasingly eroded in an effort to craft a price that is more competitive.  It is however more broadly accepted that if clients truly understood the risks that they were taking by engaging in low price conveyancing transactions, then often they would make different decisions.  Why then does price dominate most customer inquiries about conveyancing services?

The short answer is because price sells. That's right, we have turned the professional art of looking after a client into a commodity and in so doing have begun to deconstruct the core of the duty of the legal practitioner, to put first the interests of their client.

As a profession, the higher responsibility of practitioners in general should be that of a higher bar. If conveyancers and conveyancing lawyers are to continue their relevance into a future, then the new standard all services should be held to is VALUE.  More precisely, what value is being delivered to the client as a consequence of the professional decisions made throughout the conveyancing process. This value proposition should be both measurable and quantifiable to a client but more importantly it should be the standard to which all practitioner services are measured.

Rogue practitioners who refuse to abide by minimum standards, be they conveyancers or lawyers should be dealt with by the relevant authority swiftly and with substantial sanctions, including exclusion if it is established that this minimum value standard is not maintained and the interests of a client is being compromised.

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