Terms & Conditions

Terms & Conditions

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.