Terms & Conditions
Terms & Conditions
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Legal Framework and Regulations:
- Conveyancing Act 1919 (NSW): This is the primary legislation governing conveyancing in NSW, outlining various requirements and procedures for property transactions.
- Conveyancing (Sale of Land) Regulation 2022 (NSW): This regulation specifies disclosure obligations for vendors and provides remedies for purchasers regarding disclosure.
- Conveyancers Licensing Act 2003 (NSW): This Act governs the licensing and conduct of conveyancers in NSW.
Conveyancers Licensing - Regulation 2021 (NSW): This regulation outlines rules of conduct for conveyancers, including honesty, fairness, competence, communication, confidentiality, and conflicts of interest. It also covers record-keeping and insurance requirements.
- Fair Trading Act 1987 (NSW) and Australian Consumer Law: These laws ensure that conveyancing services are provided with due care and skill and are not misleading or deceptive.
- NSW Fair Trading: Provides information on conveyancing, licensing of conveyancers, and consumer rights.
Standard Terms and Conditions in a Service Agreement:
A conveyancer will typically provide you with a service agreement or engagement letter that outlines the specific terms and conditions for their services. This document will usually cover:
- Scope of Work: Clearly defining what services the conveyancer will provide (e.g., reviewing the contract, conducting searches, handling settlement).
- Fees and Costs:
- Professional Fees: How the conveyancer will charge (fixed fee, hourly rate, or a combination).
- Disbursements: Out-of-pocket expenses the conveyancer will incur on your behalf (e.g., title searches, certificate fees from authorities, registration fees). These should be outlined and estimated.
- GST: Clarification on whether GST is included in the fees.
- Payment Terms: When payments are due, how they can be made, and potential consequences of late payment.
Client Responsibilities: What the conveyancer expects from you (e.g., providing accurate information, responding to requests promptly).
- Communication: How the conveyancer will communicate with you and how you can contact them.
- Confidentiality: Ensuring your information will be kept private.
Termination Clause: Conditions under which either party can terminate the agreement. - Limitation of Liability: This clause may outline the extent of the conveyancer’s responsibility.
Dispute Resolution: How any disagreements will be handled (e.g., mediation, referral to the Law Society’s Conveyancing Dispute Resolution Scheme if applicable). - Record Keeping: How long the conveyancer will retain your files.
- Verification of Identity (VOI): Requirements for you to prove your identity as per NSW regulations.
Clients are strongly advised to carefully read and fully understand the retainer agreement before instructing a conveyancer. We encourage you to request clarification on any aspects of the agreement that require further explanation.
