Terms & Conditions
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ROBBINS CONVEYANCING TERMS AND CONDITIONS:
The Robbins Conveyancing Terms and Conditions are set out below and are the basis on which we will provide our professional services.
We are Robbins Conveyancing. You are the client.
We are authorised, unless otherwise agreed, to take such action as we think necessary to obtain the required result. We shall not refer to the client for specific instructions every time we take a step. If, therefore, there is a limit to what we are required to do, we must be notified of this in advance.
The client’s matter will be dealt with by Lauren Jane Robbins, Registered Conveyancer.
Services to be provided
When you are selling, our services include, but are not limited to:
- Preparation of the contract (if the transaction is negotiated privately);
- Preparation of the Form 1 Vendor’s Statement in accordance with Section 7 and Section 8 of the Land and Business (Sale and Conveyancing) Act 1994;
- Ordering of government prescribed searches under the Land and Business (Sale and Conveyancing) Act 1994;
- Discharging your mortgage;
- Attending to all the searches required;
- Adjustment of the rates and taxes to be paid up to the date of settlement;
- Attending to settlement;
- Distributing the proceeds of the sale in accordance with your instructions; and
- Advising the rating authorities of the change in ownership.
When you are buying, our services include, but are not limited to:
- Preparing the contract (if the transaction is negotiated privately);
- Liaising with your lending institution where required;
- Attending to all the searches required;
- Ensure that the title to the property is unencumbered and deal with any matters that are outstanding;
- Adjusting the rates and taxes that need to be paid;
- Attending to settlement;
- Advising the rating authorities of the change in ownership;
- Offering advice on your contract and other documentation;
- Attending to the payment of Stamp Duty and advising you on available concessions; and
- Advising you about Joint Tenants and Tenants in Common ownership.
Form 1 Preparation:
Preparation of a Form 1 Vendor’s Statement is subject to you completing the Form 1 Questionnaire and Payment Authority with all relevant information relating to the property. We are not liable or responsibility for any changes you make to the Form 1 Vendor’s Statement once received from us. We provide no warranty as to the accuracy of the details provided in the Form 1 Questionnaire and Payment Authority and it is the responsibility of the Vendor to check the Form 1 Vendor’s Statement for any errors before signing it. You must advise us immediately if there are any errors in the Form 1 Vendor’s Statement so that we can amend accordingly.
Whilst Robbins Conveyancing make every effort to prepare the Form 1 Vendor’s Statement within 48 hours of receipt of all government prescribed searches, we give not guarantee as to the period of time that it takes for the government prescribed searches from the various departments to respond to our requests, once they have been ordered. The Form 1 Vendor’s Statement will be provided to the Vendor and/or their Agent upon completion via email as a PDF attachment.
By completing and signing the Form 1 Questionnaire and Payment Authority, you are indemnifying Robbins Conveyancing from any liability as a result of any claims or use of the Form 1 and any loss or damage suffered as a result of any circumstances in relation to the Form 1 Vendor’s Statement and its use(s).
The Form 1 Vendor’s Statement is current at the time of receipt by the Vendor, or by their Agent. All government prescribed searches must be update within ninety (90) days from the date of ordering them. All documents provided by us are intended for the use of the client(s) or their Agent for the purpose of selling the property and must not be used for any other purpose(s) unless authorised by us in writing.
Charges and Expenses
Professional Fee: This is the fee which applies to the usual tasks undertaken for transactions of this type and include checking Contract and other documentation and advising of any implications, checking Statutory Searches, attending to the preparation of documents usually required to transfer the property, liaising with the Real Estate Agent and Purchaser’s Conveyancer, liaising with your financial institution in relation to your mortgage, preparing a Settlement Statement and undertaking all relevant financial calculations, coordinating and attending settlement at the Lands Titles Office, advising you once settlement has occurred and notifying the real estate agent that settlement has taken place. Robbins Conveyancing can provide you with a detailed quote for your transaction. This fee also includes the costs of disbursements that will be incurred as part of our service to you, for such things as postage, file storage (for a minimum of 7 years), courier costs, faxing, telephone usage, etc.
Government prescribed searches: Often there will be a need to order government prescribed statutory searches where enquiries need to be made on your behalf to prepare the appropriate forms to transfer ownership of the property. These costs are additional and your conveyancer can advise you further what cost will apply.
Verification of Identity and Authority: New legislation now requires your conveyancer (or an agent appointed by the conveyancer) to verify the identity of each client through a face to face interview and must certify each document lodged with the Lands Titles Office. They must also verify that you have the authority to enter into the transaction. The cost of your verification of identity and authority is included in the fixed fee unless you require a visit from a mobile Agent, Robbins Conveyancing utilise the services of IDSecure, who will charge you $79 inc GST for a one personal verification, $99 inc GST for a two person verification and $40 for any additional party thereafter.
Econveyancing: National Electronic Conveyancing (NEC) provides a single system for online completion of real property transactions and lodging LTO dealings within Australia. It is a fast, accurate and efficient method of conducting transfers. If your transaction is completed with Electronic settlements via PEXA the fee is $107.80.
Stamp Duty and Registration Fees: Stamp duty and registration fees are usually payable on the purchase of property. You will be notified of an estimate of this amount in due course.
Priority Notice: A Priority Notice is a notice that is lodged against a Certificate of Title or Crown Lease to reserve priority for a pending transaction that will affect that land. Although they are not mandatory it is advisable that they are lodged to reserve priority for your pending transaction. They are effective for 60 days from the date of lodgment and can be extended for a further 30 days. Your conveyancer will lodge a Priority Notice on your behalf unless you advise us otherwise. The fee for this is $20.35.
Additional charges: Undertaking a conveyance (transfer of property) is not a simple task. It is a complex task that requires special skill and knowledge. All listed fees are estimates. If your transaction requires further work due to a complex matter that may arise, we have the right to charge an additional fee. Should this be the case, we will advise you in writing before any additional work is conducted and explain why the additional work is necessary.
Where, for any reason, a matter does not proceed to completion, we will be entitled to charge you for work done and for expenses incurred. Property sales and purchases which fail to complete often involve as much work as those which reach completion.
Goods and Services Tax (GST)
The Vendor and Purchaser has not and does not seek GST advice from the Conveyancer as to the GST implications of or in relation to the sale or purchase of property in which the Conveyancer acts for the Vendor or Pruchaser from time to time under this agreement. The Conveyancer disclaims any GST liability or any other liability the Vendor or Purchaser or any other party has that arises as a result of the imposition of GST, a misunderstanding or a mistake as to the application of GST arising out of or in relation to the sale or purchase of the property by the Vendor or Purchaser. The Vendor or Purchaser frees and releases the Conveyancer from all liability and claims arising from the imposition of GST, a misunderstanding, or a mistake by the Vendor or Purchaser as to the application of GST arising out of or in relation to the sale or purchaser of the property.
We will deliver a settlement statement following completion of settlement. If sufficient funds are available on completion of your settlement we will deduct our charges and expenses from the funds. If a bill is delivered due to insufficient funds at the time of settlement, payment is to be made within 7 days of the date of invoice. If the bill remains unpaid, we reserve the right to take credit action. We reserve the right at all times to suspend action on the client’s matter if these arrangements have not been followed.
Communication between you and us
We will aim to communicate with clients by such method as they may request. Unless instructed otherwise, we will communicate with others when appropriate by e-mail, fax or other electronic means, but we cannot be responsible for the security of correspondence and documents sent by such media. Property transfers are conducted within a specific timeframe and often the receipt of documents is of a matter of urgency. If we request documentation or the return of documents from you and they are not received within the required timeframe, we will phone you to remind you of the urgency. Should we continue to contact you and the necessary documentation is still not returned to us, we hold no responsibility or liability for the delay in transactions as a result of this.
Speaking to your lender
We are also acting for your proposed lender in this transaction. This means we have a duty to make full disclosure to the mortgagee of all relevant facts relating to you, your purchase and mortgage. This will include disclosure of any discrepancies between the mortgage application and information provided to us during the transaction and any cashback payments or discount schemes which a seller is providing you. If a conflict of interest arises, we must cease to act for you in this matter.
Most Lands Titles Office instruments are no longer signed by the parties to the transaction, rather your conveyancer will sign the instruments on your behalf. Your conveyancer will need to obtain a Client Authorisation from you which will give the subscriber authority to act for the client in the conveyancing transaction.
Certificates of Title
A Certificate of Title is an official record of land ownership in South Australia. There are no longer Duplicate Certificates of Title, so you will receive only a registration confirmation once your transaction has been registered with the Lands Titles Office.
Storage of papers and documents
Concluded files will in our discretion be stored. Where stored a file of papers is kept in storage for not less than seven years. After that, storage is on the clear understanding that we have the right to destroy papers after such period as we consider reasonable.
Identity, disclosure and confidentiality of business
All advice given to clients is entirely confidential, unless disclosure by law is required, in which case we hold no responsibility for financial loss as a result of compliance with law. Acceptance of these terms and conditions by any client is deemed to include consent to such disclosure, which may be withdrawn by you in writing at any time.
Where we have been instructed to order government prescribed searches in accordance with the Land and Business (Sale and Conveyancing) Act 1994, please ensure that you have provided the correct property address as once searches are requested and an ordered has been placed, no refund will be available. If you cancel the order for the government prescribed searches before the order has been place, no charges will be made.
Where settlement cannot proceed
From time to time certain events may not take place which will affect your settlement going to plan. For example, delays may be caused by a bank or any other party to the transaction. Please be aware of the “Conditions” and “Warranties” that apply in your Contract should there be a default by the vendor or purchaser. If the vendor is unable to settle, a “licence to occupy” may be considered, which allows the purchaser to move into the new property. If this is not an option, the vendor may be liable for consequential loss suffered by the purchaser.
Instructions may be terminated at any time. Termination of instructions must be in writing, to be effective. We will be entitled to keep all papers and documents while there is money owing to us for our charges and expenses. However, if we start work with consent of the client within that period, the client is responsible for the fees and charges incurred up until the time of termination. If it is sought to withdraw instructions, notice should be given by telephone, e-mail or letter as soon as possible.
Tax and financial planning advice
Any work that we do for clients may involve tax implications or necessitate the consideration of tax planning strategies. We are not authorised to give financial or tax advice and any such advice must be sought from an independent accountant or financial advisor. It is the responsibility of the client to seek this advice at their own discretion and cost.
We will not carry out a physical inspection of the property. We will not advise on the valuation of the property nor the suitability of your mortgage nor any other financial arrangements. We will not advise on environmental liabilities where we shall assume, unless you tell us in writing to the contrary, that you are making your own arrangements for any appropriate environmental survey or investigations.
Professional Indemnity Insurance and Limit of our Liability
We hold current Professional Indemnity Insurance with MARSH PTY LTD. Our liability is limited to the maximum sum of Professional Indemnity Insurance cover (1.5million).
Terms and conditions of business
If you require clarification on any of these points please do not hesitate to let us know. Unless otherwise agreed, these terms and conditions of business shall apply to any future instructions given to this practice. Once the Letter of Engagement and Confirmation of Details or the Form 1 Vendor’s Statement Questionnaire and Payment Authority has been signed, we will proceed with your instructions on the assumption that you accept our terms and conditions.
By accepting these Terms & Conditions, you acknowledge that the Terms & Conditions may be varied from time to time. Notice of the variation will be by way of electronic notice on our website and is binding on all clients.