Seller Appointment Terms

New South Wales

Appointment Terms and Conditions 

NSW Seller 

Conveyancing.com.au Pty Ltd 

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387, being an incorporated legal practice able to provide legal services in all jurisdictions of Australia. 

Our Agreement 

Our Agreement may be evidenced by our Quote, the Letter of Offer and this Appointment Terms and Conditions which are the general appointment terms and conditions on which we provide legal services. You have the right to negotiate any part of this Agreement with us. 

Where there is conflict between our Quote, the Letter of Offer and these Appointment Terms and Conditions, our agreement will be interpreted in the following descending order: 

  1. these Appointment Terms and Conditions; then 
  2. the Letter of Offer; then 
  3. our Quote. 

Our Quote may be provided to you verbally or in writing. If there is conflict or disagreement between you and us on the quote provided, our written quote will take precedence unless otherwise negotiated by you. 

If there is more than one client, by accepting this Appointment Terms and Conditions, you are agreeing that we may consider instructions received by one or any client as authorised instructions given on behalf of each client and every client. 

Acceptance of our Terms and Conditions 

These Appointment Terms and Conditions are deemed to be accepted by you if you continue to provide us with instructions to proceed to act for you whether verbally or by conduct, which includes but is not limited to: 

  • confirming our retainer by email, text message, or verbal instructions over the phone; and 
  • completed our questionnaire so we may have sufficient information to begin drafting the Contract. 

Once a signed copy of the Letter of Offer is received or you have taken the steps outlined above, we will open a file for your matter and you will be allocated a Lawyer and/or Paralegal to assist you throughout the conveyancing transaction. You may also be provided with our State Practice Manager’s details to discuss any concerns (e.g. legal costs, service delivery, et cetera). 

Acceptance of the terms of our Agreement by you is deemed acceptance by any other persons related to you to whom we provide the same legal services unless expressly objected to by the other person or persons. 

Commencement of our Retainer 

Our retainer does not commence until you receive a notification from our office advising that a matter has been created and you have been allocated a Paralegal or Lawyer. You are responsible for providing your assigned Paralegal and/or Lawyer with any special requests and instructions beyond the standard scope of conveyance work as listed in the Scope of Work below. Any discussions, correspondences, negotiations, instructions, documents shared between you and our office (in particular our Front of House and Concierge team) cannot be relied upon and does not constitute formal advice. 

Only your lawyer can provide you with legal advice. 

Our professional relationship 

In each matter in which we act for you, we act as your independent legal adviser solely in your best interests unless you agree that we can act for another party as well.  

By entering into this agreement you agree that Conveyancing.com.au is permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or for both parties in a transaction (Conflict Matters) provided Conveyancing.com.au clearly advises that it will be acting in such a matter prior to commencing work and you do not promptly object.   

Measures are in place to protect all parties confidential information where a conflict of interest may arise and Conveyancing.com.au will consider each matter on a case by case basis before commencing to act in a Conflict Matter.  

We reserve our rights to refuse to act for another party to this transaction or a Conflict Matter at any point in time. 

Conveyancing Fees 

Our fees are billed in two parts: 

  1. the Fixed Professional Fee for our professional services; and 
  2. the Search Package Fee. 

You acknowledge that the standard general timeframe for Settlement is 30 days from receipt of a signed Contract of Sale, if you require Settlement to occur in a shorter time frame, the following surcharge will apply: 

  1. $75 for a Settlement in 21 days or less; or 
  2. $120 for a Settlement in 14 days or less. 

You acknowledge that the more valuable or expensive the market value or purchase price of the real property to be conveyed, the higher the risks we as a firm are liable to you for. Hence, any conveyance of a residential property with a market value or purchase price of more than $2 million will incur a surcharge of $250. 

All rates, charges, expenses, etc. in this document are GST exclusive unless otherwise stated to be inclusive of GST. You will pay us an additional amount on account of any GST which we are liable to pay as a result of any supply we make to you. 

Scope of Work 

The scope of work that we undertake for you is strictly limited to the work involved in a standard residential conveyance. Any additional work that falls outside the scope of a standard residential conveyance will be an additional cost billable to you. 

If you want us to undertake any additional work not included within the scope, you must make a request to us in which case we shall decide at our absolute discretion whether to service your request for us to undertake additional work. 

If you intend to instruct us to exclude any steps or work that are generally considered usual and necessary in a conveyance, or to save on any costs by not taking a certain action, such as ordering the searches ordinarily required to complete our disclosure on your behalf, you must do so in writing directly to your assigned Lawyer and/or Paralegal. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and waive your right to make any claim against our practice for any costs or loss you may suffer as a direct or indirect result of the exclusions. 

The residential conveyance service we will provide for the Fixed Professional Fee comprise: 

  1. Obtaining your instructions on matters relating to the sale for the purpose of preparing the Contract of Sale; 
  2. Preparation of the Contract of Sale together with Special Conditionsand issuing same to you and/or your Real Estate Agent; 
  3. Liaise with you to obtain instructions in answer to one Buyer’s queries and negotiations leading up to exchange of Contract (with any additional interested buyer’s queries and negotiations at additional fee); 
  4. Liaise with you and relevant parties to obtain a Sales Advice if available from your Real Estate Agent to effect one exchange with your chosen Buyer (with any additional attempts at additional fee); 
  5. Amend the Contract of Sale in preparation for the single exchange with your chosen Buyer; 
  6. If the Real Estate Agent performed the exchange, to review the exchanged contract to ensure that it has been correctly signed, exchanged and dated; 
  7. Providing you with our First Suite of documentations to sign and complete in preparation for Settlement; 
  8. Forward the Purchaser’s requisitions on title to you and provide the Buyer’s representative with your answers; 
  9. Forward the transfer documentation to you to be signed and returned to our office in readiness for Settlement; 
  10. Sign Section 22 Notice on your behalf as your Legal Representative in readiness for Settlement (if applicable); 
  11. Liaise with your discharging mortgagee regarding Settlement; 
  12. Review Statement of Adjustments and Settlement Statement and provide Section 184 Certificate to the Purchaser’s representative (if applicable the cost of which is quoted in the Search Package Fee); 
  13. Book settlement with the relevant parties; 
  14. Complete Settlement preparation steps prior to Settlement such as providing your cheque directions to the Purchaser and checking the payout figure from your financier if relevant; 
  15. Providing the Purchaser with your ATO Foreign Residents CGT Withholding Certificate and/or your GST Withholding information to your Purchaser and obtaining the payment references for your records; 
  16. Arranging for a Settlement Agent to attend Settlement, the cost of which is quoted in the Search Package Fee; 
  17. Send post settlement letter to you together with a copy of the Settlement Statement, our tax invoice and Trust Account Statement (if applicable), 

which is an exhaustive list. 

If you instruct us to settle the conveyance matter, or if the conveyance matter is required to settle on an Electronic Lodgement Network Operator (ELNO) platform (Electronic Settlement) such as Property Exchange Australia (PEXA), you agree that there will be a fee charged on you by the ELNO platform which is additional to costs quoted by us. 

If the conveyance is part of an Electronic Settlement, the above paragraphs (i) and (p) will be replaced with the following: 

  1. Opening a Workspace and inviting the relevant participants to the Workspace; 
  2. Preparing or finalise the Transfer on the ELNO platform; 
  3. Preparing the adjustments and payment destination line items on the ELNO platform; and 
  4. Obtain sign off on the electronic documents and financial information from all parties by Settlement date and time. 

You acknowledge that the Conveyancing Fee quoted is a competitive quote in the current market and is tailored on the basis that all communications occur remotely by phone calls, emails and posts. You may attend our physical office only to drop off documentation required for your conveyance matter after making a booking with your Paralegal, so we can ensure that a member of our office can be made available to you. Any personal face-to-face consultations must be booked in advance and are subject to our staff’s availability and is generally not included in the fixed fee as quoted. 

You acknowledge that our practice provides legal services in a transactional basis with the intention to complete a conveyance transaction. Our Scope of Work will not include advice work surrounding disputes, enforcement of disputes, termination of an unconditional contract and otherwise dealing with any form of conflict of intentions between the parties to a conveyance transaction. 

Scope of work excluded 

For the avoidance of doubt, the following work is expressly excluded from our Scope of Work: 

  1. work involved in organising additional documents or lodgements to prove your legal entitlement to sell the property (e.g.: lodging a survivorship application, power of attorney);  
  2. work involved in removing any encumbrances registered on your Title outside of a standard mortgage required to complete your Contract of Sale; and 
  3. personal face-to-face consultations with your Lawyer and/or Paralegal. 

We are practice primarily advising on property law relevant to residential conveyancing and will not be able to provide advice or services in the following categories: 

✦Property Valuations; ✦Financial and Taxation advice; ✦Succession and Matrimonial advice; ✦Physical inspection of the property and surroundings; ✦Conducting or arranging building & pest inspections or surveys; ✦Advice on any loan or mortgage; ✦Building and similar covenants; ✦Town planning advice; ✦Consumer Guarantees; ✦National Rental Affordability Scheme; ✦Eligibility for government grants; ✦Leases, letting or residential tenancies; ✦Caretaking and letting agreements; ✦Preparation or advice in relation to any matter that in our opinion may result in litigation or court work; ✦Legal advice in relation to any Financial Agreements, Court Orders, Deeds of Family Arrangements provided by you; ✦Self-Managed Superannuation Funds; ✦Your future use of the property; ✦Home warranty insurance; ✦Foreign Investment Review Board requirements; ✦Review of trusts or trust deeds; ✦Advice on the capability of a company or trust to complete a transaction; ✦Advising on insurance contracts or the adequacy of existing insurance policies; ✦Detailed advice on matters involving property which may be unfit for occupation or extensively damaged; ✦Adjustments to utilities bills; ✦Legal advice on the management of a Body Corporate; ✦Advice on deceased estates and estate management; ✦Terms Contracts. 

Search Package Fee 

The Search Package Fee contained in the Quote is always an estimate, made based on the following assumptions: 

  1. the property to be transacted is located within the City of Sydney. The Search Package Fee may be more for properties located in other areas; 
  2. your conveyance transaction is standard. Additional searches to complete disclosure statements are not included and may be recommended or required by statute based on your personal circumstances assessed on a case-by-case basis; 
  3. if Settlement takes place as a paper-based Settlement, it will take place in Sydney or a location where settlement agents fees are comparable. Any additional costs for this will be passed on to you; 
  4. if you instruct or your matter is required to be completed as an Electronic Settlement, an amount equivalent to the Settlement Attendance fee will be charged for Settlement Administration of the ELNO Workspace. 

The search fees we have quoted are subject to change by the search provider without notice. We do not guarantee that the fees shown will be accurate for the day on which your searches are ordered. You must always pay us a price inclusive of the actual costs charged by the search provider and incurred by us. 

You authorise us and we reserve our rights to incur additional costs on your behalf where we deem it necessary to complete our professional due diligence to look after your best interests. However, we are obliged to and will disclose any substantial change in circumstances which leads to a substantial increase and/or any additional substantial costs to the Search Package Fee previously disclosed. For the avoidance of doubt, “substantial costs” are deemed to be $200 or more. 

Costs payable by you outside of our retainer 

The Quote only contains disclosure of the costs for work performed by us and costs that are incurred by us on your behalf incidental to a standard residential conveyance settlement, and specifically exclude: 

  1. work and/or costs for completing a Verification of Identity Report to verify your identity for the purpose of a conveyance transaction; 
  2. work and/or costs for administering your money transferred into our Statutory Trust Account for any purpose; 
  3. work and/or costs for physically attending any external parties’ or regulatory bodies’ offices to lodge documentation; 
  4. fees payable by you to any financial and/or brokerage firms for financial advice and services; 
  5. fees payable by you to any inspectors for reporting on the Property that you are transacting including Building and Pest Inspectors, Strata Inspectors; 
  6. fees payable by you to any insurers for providing any form of insurance that you may want to obtain; 
  7. fees payable by you to third parties billed and charged directly to you including ELNO charges (e.g.: PEXA Fees); and  
  8. government charges such as Stamp Duty and Registration Fees payable to the authorities payable on your property dealing. 

It is your responsibility to query and satisfy yourself on or about any further, other or additional costs that you may incur incidental to a property transaction. 

Additional costs for additional work beyond our Scope of Work 

If you require us to perform work outside of the Scope of Work, we reserve the right to quote this work subject to your specific needs. 

The additional services we may provide to you upon request and the estimated fee includes: 

Trust Account Administration Fee 

$20 

Trust Account Cheque Fee 

$10 each 

Banking / Collection of cheques 

$30 

Deed of Rescission / Variation drafting 

$300 

Deed of Rescission / Variation review 

$150 

Licence Agreement drafting 

$300 

Licence Agreement review 

$150 

General Power of Attorney drafting 

$150 

We reserve our rights to amend our fixed fees quoted above at any time. 

How Payment Works 

In a transaction that goes through to Settlement our fees are payable in two stages: 

  • $100.00of the Fixed Professional Fee (including GST) plus any Search Package Fees incurred are payable on issue of the Contract of Sale to you or your Real Estate Agent; and 
  • the balance of our Fixed Professional Fee and any further Search Package Fees on the day Settlement occurs. 

Once instructions are received, we will begin work immediately. If you contact us to cancel the drafting after instructions are received and work has been performed on your matter pending finalisation, we will bill you no less than $110 together with any Search Package Fees incurred for cancelling your instructions to us to pay for our time and work performed up until your instructions are cancelled. Otherwise, the full Contract drafting fee outlined above will be payable when the Contract is ready for issue.  . In the event we do not receive a formal notice of termination from you, a minimum amount of $110 will be invoiced and payable no later than 150 days from the date of these Appointment terms. 

If your Contract of Sale proceeded to signing but is terminated by either party after signing, the higher of: 

  • $110.00 (including GST) plus a fee associated with any searches ordered; or 
  • an amount proportional to the amount of work performed as a part of this retainer as assessed by our legal practitioner, 

is payable upon service of the notice to terminate. This fee is independent of any other fees charged and payable under this cost agreement, including but not limited to the Search Package Fee. 

In addition to the fees payable at each of the stages outlined above, we also have the right to bill you immediately for any additional costs incurred and paid for by us in the course of your conveyance matter or, alternatively, to add the same costs to the next invoice as per the billable milestones outlined above. 

If you have been offered a discount by our Concierge Team for our services, it will only be applied to your Settlement invoice if you proceed to Settlement of the transaction, unless otherwise agreed in writing. 

Credit Card payment 

When providing us with your credit card details, you irrevocably authorise us to charge your credit card for any amount invoiced, due and payable by you on the due date set out in the relevant invoice(s) for payment for any goods or services provided to you as per your instructions. We will only collect and retain your credit card details for the duration of your conveyance matter and will destroy our records of your credit card details once your file is closed. 

If your credit card details provided and retained expires, is cancelled or otherwise unable to be debited by our credit card terminal, you will provide us with alternate credit card details as security for our services, without which we may cease to provide to you our legal services until new and valid credit card details are provided. 

You may revoke this authority to charge your credit card at any time by notifying us in writing. We reserve the right to require payment by you of an adequate amount into our Trust Account to secure our services prior to commencing or resuming work. 

Cessation of work  

We reserve the right to immediately cease work for you at any time without further liability should have outstanding bills that have been issued and remain unpaid after the due date, or if you have provided any information to us based upon which a reasonable person would become doubtful of your ability to settle our bills. 

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our professional fees and costs prior to resuming work for you. 

Termination of this Agreement 

This Agreement may be terminated by you by giving us written notice at any time. If you do so, you will be obliged to pay for such professional fees and other charges for work done to the date of termination or as have been or are billed consequent upon termination and to which we have a right to receive payment. We have the right to retain your file until all fees and costs are paid. 

This Agreement may be terminated by us with immediate notice and effect in one or more of the following circumstances: 

  1. any Invoices issued and payable by you under this Agreement is not paid by the due date; 
  2. you have otherwise breached the terms of this Agreement; 
  3. you do not provide us with timely, accurate and proper instructions; 
  4. you fail to provide us with adequate identity documents to support your transaction; 
  5. you indicate to us that you have lost confidence in us; 
  6. you lose legal and/or mental capacity to look after your affairs without providing us with a valid Power of Attorney prior to your loss of legal and/or mental capacity; 
  7. we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf; 
  8. we believe on a reasonable basis that fraud or attempted fraud is underfoot in relation to your transaction; 
  9. work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract; 
  10. you taking action or foreshadow action to be taken or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us; or 
  11. by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation or similar just cause. 

Termination by us on any of the above grounds does not prejudice or otherwise affect our entitlement to payments due to us under this Agreement prior to termination. 

Our work for you 

To provide you with the legal services you require, we need you to give us clear and complete instructions (in writing where requested by us). We ask that you provide all relevant facts. Often we need to make assumptions in order to provide advice. It is your responsibility to carefully review any assumptions made by us and to let us know immediately if any assumptions are incorrect or inappropriate or if you think we have misunderstood your instructions. 

You have the right to ask us for written reports on: 

  • the progress of your matter; and 
  • the fees and costs to date or since your last bill. 

Assumptions 

The assumptions on which we have based our Fixed Professional Fee and our estimate of the Search Package Fee are: 

  1. negotiations with any other parties are not extensive or protracted; 
  2. you are responsive to our communications and answer our requests for information, documentation and/or funds for Settlement 
  3. all other parties are responsive to our communications and answer our requests for information, documentation and/or funds for Settlement; 
  4. work is not required or requested outside of that which we have advised is conducted under the Fixed Professional Fee; and 
  5. no specialist advice will be required in relation to tax (CGT, GST or stamp duty) or planning matters. 

Our charges for services may exceed the estimate if an assumption is or becomes incorrect. It is your responsibility to inform us if any of the assumptions above is or becomes incorrect. If any assumption is or becomes incorrect and this results in the cost of our work exceeding the fixed fee, we will charge you the amount of the excess.  

Trust Account details and use 

You are not obliged to use our Trust Account for this conveyance matter. Should you decide to use our Trust Account the following requirements MUST be complied with. Should you fail to comply with these requirements, you acknowledge that you will not be insured in the event of loss or fraud and indemnify Conveyancing.com.au Pty Ltd against any claim. You acknowledge that you agree to pay our Trust Account Administration Fee and any associated bank cheque fees if you elect to use our Trust Account. 

Requirements

  1. Please advise your Paralegal or Lawyer you intend to use our Statutory Trust Account; 
  2. You will be provided via email with a link to a password protected webpage giving you clear Instructions for depositing money; 
  3. You MUST call and speak to your Paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your Paralegal or Lawyer. 
  4. You Must provide Evidence of the transfer to your Paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made. 

Bills 

You are entitled to negotiate the billing method, to receive a bill from us and to request an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds. 

We may stop work until unpaid bills are paid. We may also charge you interest on any amount unpaid for 30 days or more after we have given you the bill. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia. 

We have a lien on all documents, funds and records in any form whatsoever in our possession until payment in full of all our bills for all matters in respect of which you have engaged us. We are entitled to retain for our records copies of all documents which we give you, whether owned by us or not and to deal with them in accordance with all applicable law relating to confidentiality. 

If there is a dispute regarding our costs, you may (in addition to any other rights you may have): 

  • seek advice from the local regulatory authority (Office of the Legal Services Commissioner);
  • apply for costs to be assessed within 12 months if you are unhappy with our costs; or
  • apply for the costs agreement to be set aside.

If you suffer loss 

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permitted by law) to $2 million, which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee. 

However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility. 

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one (1) business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three (3) business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us on our hotline and insist on this matter being escalated until your urgent query is resolved immediately. However, we ask that you use this service that we offer you with due consideration. 

It is your responsibility to diarise all important dates in relation to your conveyance transaction and make yourself contactable or advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day then you indemnify Conveyancing.com.au Pty Ltd from any claim or loss arising as a result of this. 

Banking 

You may instruct us to bank cheques as a part of your conveyance. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking and the receipt and clearance of funds by your financial institution. 

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details you will be making the deposit to. If you fail to do this and the funds are, as a result, deposited to a fraudulent source, you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit. 

We will do our best to contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. If you are unavailable when we endeavour to contact you to verify these details then you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this deposit. 

Consent to disclose your personal information  

Partner Introduction Consent and Fees paid to us or CCA Digital Pty Ltd 

We are obliged to provide you with full and frank disclosure of all information in our knowledge that you should know. We disclose to you that we have entered into agreements with the following third party services providers (our Introducer Partners): 

  • First Title (ACN 075 279 908) (AFSL 263876) (First Title); 
  • Rapid Building Inspections Pty Ltd (ABN 75 614 843 131) (Rapid); 
  • My Local Broker Pty Ltd (ACN 605 003 174) (Local Broker); 
  • On the Move Pty Ltd (ABN 71 124 508 845) (On the Move);  
  • Royal Automobiles Association of Victoria (RACV) Limited (ACN 004 060 833) (RACV); and  
  • ZipID Pty Ltd (ACN 166 644 702) (ZipID).  

If you provide your consent, you may be contacted by our Introducer Partners (including by telephone and electronic means) to discuss their relevant professional services that they may offer you. There is no cost to you for the referral that we make and you are not obliged to use any service offered to you by an Introducer Partner.  

In order to make the referral, we require your consent to provide some or all the following information to our Introduction Partners: 

  • your name; 
  • your telephone number; 
  • your email address;  
  • the type of transaction you have engaged us for; and  
  • the details of the property that you have sold, 

(your personal information).  

By signing this Letter of Offer, you agree to the Appointment Terms and Conditions, including the disclosure of your personal information. Please contact us immediately if you do not consent to the disclosure of this information. Other than the personal information listed above, which we require your consent to disclose, and our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person..  

Following our referral, if you engage one or more of our Introducer Partners to provide you with professional services, we will receive the following fees from the relevant Introducer Partner: 

  • $82.50 from First Title as a processing fee on all title insurance policies; 
  • $100 from Rapid as a referral fee on all referrals that we make; 
  • $100 from Local Broker as an introducer fee on all introductions made; 
  • variable commission for successful connection of electricity, gas and Telco plus $12 per serviceable application from On the Move; 
  • $8 from ZipID as an introducer fee on all introductions made; 
  • $20 for building insurance, $20 for landlord insurance, $40 for home and contents insurance, and $40 landlord and building insurance from RACV as a referral fee on qualified referrals that we or CCA Digital (our sister company) makes. 

You accept that Conveyancing.com.au is not liable for any loss suffered or incurred by you in any way whatsoever should you engage any of these Introducer Partners.   

Our duties to you as our client are paramount and take priority over our relationship with our Introducer Partners. Nothing about these referral arrangements change the service that we provide to you. However, we acknowledge, and we wish to inform you, that an arrangement of this nature has the potential to cause a conflict of interest. If we were to place our own interests in receiving a referral fee from an Introducer Partner over your interests as our client, this could potentially cause detriment to you.  Should any conflict of interest actually arise, or should any detriment be caused to you as a result of our relationships with the Introducer Partners, you have the right to terminate this Agreement allowing you to choose an alternate solicitor firm who does not have the same conflict in the duty of loyalty to you. You have the right to seek independent legal advice about these referrals and about any perceived conflict of interest. 

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner. 

Partners referring you to us for our services 

You may have been referred to us by another professional in the property transacting industry, such as your Real Estate Agent, RACV or CCA Digital Pty Ltd (our Business Partners). If this has occurred, we may pay that Business Partner one or more of the referral fees detailed in Schedule 1 to this letter.  

We will not seek to recover any of these fees from you. 

By signing this engagement Letter of Offer, you confirm your consent to the payment of referral fees by us to our Business Partners. Please contact us immediately if you do not consent to these payments.  

In addition, as part of our agreements with our Business Partners, we have agreed to provide them with certain information relating to the progress of the settlement of your property. We will provide updates to our Business Partners on various milestones of your transaction, including for example: 

  • type of transaction that you have engaged us to act for you in; 
  • completion of various searches;  
  • completion of various contract exchange milestones;  
  • updates on financing and payment, such as the payment of the deposit;  
  • completion of any pre-settlement inspections; 
  • status of the settlement booking; and 
  • completion of settlement.  

By accepting this engagement Letter of Offer, you agree to the Appointment Terms and Conditions, including the disclosure of the above information to our Business Partner who referred you to us. Please contact us immediately if you do not consent to the disclosure of this information. Other than the personal information listed above, which we seek your consent to disclose, and disclosure as set out in our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person..  

Just because you may have been referred to us by our Business Partner, you are not obliged to engage us to complete the conveyancing and legal work for the sale of your property. You are not obliged to accept the Appointment Terms and Conditions and you may engage another conveyancer or legal practitioner.  

Regardless of our relationships with our Business Partners, our duties to you as our client are paramount and take priority to any obligations under the agreements we have with our Business Partners. Nothing about these referral arrangements change the service that we provide to you. However, we acknowledge, and we wish to inform you, that an arrangement of this nature has the potential to cause a conflict of interest. If we were to place our own business interests over your interests as our client, this may result in at least a perception of a conflict of interest.  Should any conflict of interest arise, or should any detriment be caused to you as a result of our relationships with our Business Partners, you  have the right to terminate this Agreement allowing you to choose an alternate solicitor firm who does not have the same conflict in the duty of loyalty to you. You have the right to seek independent legal advice about this referral arrangement and about any conflict of interest. 

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner. 

Review platforms 

We may provide your personal information (your first name, last name and email address) to third party review platforms in order for them to email you requesting you to leave a review of your experience with Conveyancing.com.au on their platform. 

By signing this Letter of Offer, you agree to the disclosure of your personal information to customer review platforms including but not limited to Trustpilot. Please contact us immediately if you do not consent to the disclosure of this information

Other than as stated in these Appointment Terms and our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person. 

Privacy Policy  

Conveyancing.com.au and its Introducer Partners and Business Partners willingly abide by the Privacy Act 1988 (Cth). 

Confidentiality  

Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter or as required by law, including: 

  • to third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc.; 
  • to our professional advisers and insurers; 
  • the State Revenue Office, the ELNO, the Land Use Victoria; and 
  • the Partner Introduction Consent and Business Partner Consent (referred to above) if authorised by you. 

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations. 

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other subsidiary companies such as Think Support Services Inc. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia. 

Complaints 

We endeavour to provide you with the best possible service during your transaction. If, however you have any queries or concerns that you believe require escalation then you should do the following: 

  1. Put your request in writing to your Paralegal detailing your queries or concerns. We will endeavour to provide you with a response within two (2) to five (5) business days of your correspondence; 
  2. If you are still not satisfied with our response you can escalate your concerns to our Customer Resolution Manager, by emailing your feedback to feedback@conveyancing.com.auor calling 03 8588 7791. 
  3. If you want to provide feedback you can do so by submitting feedback at the following link: https://www.conveyancing.com.au/matter-experience

You agree that you will not publicise your queries or concerns with the quality of our service on any social media sites until after you have provided your feedback to us by at least two of the above means and we have not responded to your queries or concerns within two (2) to five (5) business days as the minimum timeframe allowed. If you fail to comply with this term, you must immediately remove your publication upon request from us. If you refuse to comply with our request and your claims are ultimately proven to be false, we reserve the right to claim any losses suffered as a result of your actions. 

Email 

Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage if this occurs.   

Post 

We are reliant heavily on Australia Post to deliver our documents to you or from you to us during the course of the property transaction. While we do our best to control incoming and outgoing mails in our various offices, we cannot be responsible for lost post or parcels sent from or to our office once it has left our possession. Hence, to the extent permitted by law, we are not liable for any loss or damage if post or parcels are lost or delayed in transit. 

Your records 

You agree that Conveyancing.com.au will, upon closing your file, retain any papers to which you are entitled to and leave them in our possession (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years. 

Once your matters are closed and archived, you may request us to provide you with a copy of documents, correspondences or information from your archived matter. We are entitled to charge a $35 File Retrieval Fee which will be invoiced and you must pay for at the same time that these documents, correspondences or information are provided to you. 

Novation 

If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you give us a written direction to the contrary in relation to the conduct of your file, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us. 

Definitions 

Contract means the offer and acceptance contract for the purchase or sale of real estate in WesternAustralia
Quote means the estimate of your full conveyance fee payable by you for our services
Fixed Professional Fee means the fee charged by us for our professional knowledge, time and effort spent on your conveyance matter
Land Contract drafting means the professional service of drafting a standard REIWA Contract for the sale of your property which is usually not required if you are selling through a Real Estate Agency
Disclosure Statement means  the  document  by  the  Body  Corporate  disclosing  information  associated  with  the management of the Community Title Scheme
First Letter means the first letter we provided to you as a part of the conveyance matter after receiving a signed Contract containing advice on the conveyance process
Settlement means  the  event  that  occurs  to  confirm  completion  of  the  property  sale  and  purchase transaction in accordance with the Contract

Relevant law 

You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with our Agreement) are governed by federal and state laws. For the avoidance of doubt, the applicable state law applied to this Agreement is the state in which the property being transacted by you forms a part of. 

SCHEDULE 1 

Some or all of the following benefits may be offered: 

Corporate Offices of Real Estate Agency Groups 

  • One off sponsorship fee (the amount varies by group) 
  • Up to $1,000 per annual for each individual real estate agency in the group that enters into an individual sponsorship agreement and that meet various other criteria 
  • A volume fee on achieving aggregate conveyancing transactions through the conveyancing.com.au application (App) 

Volume of transactions 

Volume Fee for achievement of each volume of transactions (up to these amounts) 

1,000 

$20,000 

2,000 

$30,000 

3,000 

$40,000 

4,000 

$50,000 

5,000 

$60,000 

Every 500 transactions over 5,000  

$20,000 

Individual Real Estate Agencies Sponsorship Agreements 

  • A fixed sum (the amount varies per agency) to real estate agencies as a sponsorship fee  
  • A fixed sum (the amount varies by agency) to a real estate agency upon the agency introducing through the App 50 conveyancing transactions that go through to a successful settlement  
  • Free continual professional develop training for real estate professionals using the App 
  • Entertainment and prize pool incentives, subject to the discretion of CCA Digital Pty Ltd (which is a sister company to Conveyancing.com.au Pty Ltd) 
  • Joint marketing initiatives 
  • An App support hotline available seven days a week 
Queensland

Appointment Terms and Conditions 

Queensland Sellers 

Conveyancing.com.au 

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387, being an incorporated legal practice able to provide legal services in all jurisdictions of Australia. 

Our Agreement 

Our Agreement may be evidenced by our Quote and this Appointment Terms and Conditions which are the general appointment terms and conditions on which we provide legal services. You have the right to negotiate any part of this Agreement with us. 

Where there is conflict between our Quote, the Letter of Offer and these Appointment Terms and Conditions, our agreement will be interpreted in the following descending order: 

  1. these Appointment Terms and Conditions; then
  2. the Letter of Offer; then
  3. our Quote.

Our Quote may be provided to you verbally or in writing. If there is conflict or disagreement between you and us on the quote provided, our written quote will take precedence unless otherwise negotiated by you. 

If there is more than one client, by accepting this Appointment Terms and Conditions you are agreeing that we may consider instructions received by one or any client as authorised instructions given on behalf of each client and every client. 

Acceptance of our Terms and Conditions 

These Appointment Terms and Conditions are deemed to be accepted by you if you continue to provide us with instructions to proceed to act for you whether verbally or by conduct, which includes but is not limited to: 

  1. confirming our retainer by email, text message, or verbal instructions over the phone; and
  2. providing us with a copy of your signed or unsigned Contract.; or
  3. paying any or all of our fee.

Once a signed copy of the Letter of Offer is received or you have taken the steps outlined above, we will open a file for your matter and you will be allocated a Lawyer and/or Paralegal to assist you throughout the conveyancing transaction. You may also be provided with our State Practice Manager’s details to discuss any concerns (e.g.: legal costs, service delivery, et cetera). 

Acceptance of the terms of our Agreement by you is deemed acceptance by any other persons related to you to whom we provide the same legal services to unless expressly objected to by this other person or persons. 

Commencement of our Retainer 

Our retainer does not commence until you receive a Notification from our office advising that a matter has been created and you have been allocated a Paralegal or Lawyer. You are responsible for providing your assigned Paralegal and/or Lawyer with any special requests and instructions beyond the standard scope of conveyance work as listed in the Scope of Work below. Any discussions, correspondences, negotiations, instructions, documents shared between you and our office (in particular our Front of House and Concierge team) cannot be relied upon and does not constitute formal advice. 

Only your lawyer can provide you with legal advice. 

Our professional relationship 

In each matter in which we act for you, we act as your independent legal adviser solely in your best interests unless you agree that we can act for another party as well.  

By entering into this agreement you agree that Conveyancing.com.au is permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or for both parties in a transaction (Conflict Matters) provided Conveyancing.com.au clearly advises that it will be acting in such a matter prior to commencing work and you do not promptly object.   

Measures are in place to protect all parties confidential information where a conflict of interest may arise and Conveyancing.com.au will consider each matter on a case by case basis before commencing to act in a Conflict Matter.  

We reserve our rights to refuse to act for another party to this transaction or a Conflict Matter at any point in time.

Conveyancing Fees 

Our professional fee is fixed for the professional services listed in the Scope of Work.  

You acknowledge that the standard general timeframe for Settlement is 30 days from receipt of instructions to commence work, if you require Settlement to occur in a shorter time frame, the following surcharge will apply: 

  1. $75 for a Settlement in 21 days or less;
  2. $120 for a Settlement in 14 days or less.

You acknowledge that the more valuable or expensive the market value or purchase price of the real property to be conveyed, the higher the risks we as a firm are liable to you for. Hence, any conveyance of a residential property with a market value or purchase price of more than $2 million will incur a surcharge of $250. 

All rates, charges, expenses, etc. in this document are GST exclusive unless otherwise stated to be inclusive of GST. You will pay us an additional amount on account of any GST which we are liable to pay as a result of any supply we make to you. 

Scope of Work 

The scope of work that we undertake for you is strictly limited to the work involved in a standard residential conveyance. Any additional work that fall outside the scope of a standard residential conveyance will be an additional cost billable to you. 

If you want us to undertake any additional work not included within the scope, you must make a request to us in which case we shall decide at our absolute discretion whether to service your request for us to undertake additional work. 

If you intend to instruct us to exclude any steps or work that are generally considered usual and necessary in a conveyance, or to save on any costs by not taking a certain action, such as ordering the searches ordinarily required to complete our disclosure on your behalf, you must do so in writing directly to your assigned Lawyer and/or Paralegal. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and waive your right to make any claim against our firm for any costs or loss you may suffer as a direct or indirect result of the exclusions. 

The residential conveyance services we will provide for the Fixed Professional Fee are: 

  1. Drafting, typing, checking and providing you with the first suite of documents (e.g.: First Letter to you, introduction letter to the Buyer’s solicitor) relevant to your sale.
  2. Receipt and perusal of the Contract.
  3. Meeting with you by phone to take instructions and advising you on relevant matters.
  4. Letters to the Real Estate Agent and Solicitor acting for the Buyer to confirm we act on your behalf and to protect your interest in respect of the property. 
  5. Receive notification from the Buyer’s solicitor in relation to the satisfaction or otherwise of any contract conditions.
  6. Correspondence with the Buyer’s Solicitor in relation to this transaction including negotiating extensions of condition due dates, negotiating settlement adjustments and organising settlement.
  7. Forwarding all necessary documentation to the Solicitors for the Seller and checking documentation on its return to ensure documents are executed and completed correctly. 
  8. Provide you with the Transfer documentation for signing and provide same to the Buyer’s solicitor.
  9. Liaise with you and your mortgagee to ensure that you and your mortgagee are prepared for Settlement.
  10. Preparation of a settlement statement (including adjustments under the contract) and booking  Settlement with any relevant parties to the transaction.
  11. Preparing for Settlement on Settlement Date including arranging for a Settlement Agent to attend Settlement.
  12. On your instructions providing advice to the Solicitors for the Buyers to comply with Capital Gains Tax or Goods and Services Tax requirements under the Contract.
  13. Sending final correspondence to you confirm that the sale is complete and enclosing a copy of the detailed Settlement Statement, our Tax Invoice and our Trust Account Statement (if applicable);

which is an exhaustive list. 

If you instruct us to settle the conveyance matter, or if the conveyance matter is required to settle on an Electronic Lodgment Network Operator (ELNO) platform (Electronic Settlement) such as Property Exchange Australia (PEXA), you agree that there will be a fee charged on you by the ELNO platform which is additional to costs quoted by us. 

Where Settlement must be a paper-based Settlement for whatever reason paragraphs (h), (k) and (j) will be replaced with the following: 

  1. Opening a Workspace and inviting the relevant participants to the Workspace;
  2. Preparing the Transfer on the ELNO platform;
  3. Preparing the adjustments and payment destination line items on the ELNO platform to pay the appropriate parties, including the authorities; and
  4. Obtain sign off on the electronic documents and financial information from all parties by Settlement date and time.

You acknowledge that the Conveyancing Fee quoted is a competitive quote in the current market and is tailored on the basis that all communications occur remotely by phone calls, emails and posts. You may attend our physical office only to drop off documentation required for your conveyance matter after making a booking with your Paralegal, so we can ensure that a member of our office can be made available to you. Any personal face to face consultations must be booked in advance and is subject to our staff’s availability and is generally not included in the fixed fee as quoted. 

You acknowledge that our office is a firm providing legal services in a transactional basis with intention to complete a conveyance transaction. Our Scope of Work will not include advise work surrounding disputes, enforcement of disputes, termination of an unconditional contract and otherwise dealing with any form of conflict of intentions between the parties to a conveyance transaction. 

The fixed fee above does not include the cost for the Title Search and the following costs which if incurred will be passed to you at cost: 

  1. Purchase of a Disclosure Statement;
  2. Settlement Agency’s fee where Settlement is outside of Brisbane CBD.

If you instruct or your matter is required to be completed as an Electronic Settlement, an amount equivalent to the Settlement Attendance fee will be charged for Settlement Administration of the ELNO Workspace. 

The fees we have quoted are subject to change by the search provider without notice. We do not guarantee that the fees shown will be accurate for the day on which your searches are ordered.  

You authorise us and we reserve our rights to incur additional costs on your behalf where we deem it necessary to complete our professional due diligence to look after your best interest. However, we are obliged to and will disclose any substantial change in circumstances which leads to a substantial increase and/or any additional substantial costs to the Search Package Fee previously disclosed. For the avoidance of doubt, “substantial costs” are deemed to be $200 or more. 

Scope of work excluded 

For the avoidance of doubt, the following work are expressly excluded from our Scope of Work: 

  1. work involved in organising additional documents or lodgements to prove your legal entitlement to sell the Property (e.g.: lodging a survivorship application, power of attorney); and
  2. personal face to face consultations with your Lawyer and/or Paralegal.

We are a firm practising primarily in property law relevant to residential conveyancing and will not be able to provide advice or services in the following categories: 

✦Property Valuations; ✦Financial and Taxation advice; ✦Succession and Matrimonial advice; ✦Physical inspection of the property and surroundings; ✦Conducting or arranging building & pest inspections or surveys; ✦Advice on any loan or mortgage; ✦Building Contracts or other related agreements; ✦Building and similar covenants; ✦Town planning advice; ✦Consumer Guarantees; ✦National Rental Affordability Scheme; ✦Eligibility for government grants; ✦Leases, letting or residential tenancies; ✦Caretaking and letting agreements; ✦Shortening or waiving of the Cooling-Off period; ✦Preparation or advice in relation to any matter that in our opinion may result in litigation or court work; ✦Legal advice in relation to any Financial Agreements, Court Orders, Deeds of Family Arrangements provided by you; ✦Self-Managed Superannuation Funds; ✦Your future use of the property; ✦Home warranty insurance; ✦Foreign Investment Review Board requirements; ✦Review of trusts or trust deeds; ✦Advice on the capability of a company or trust to complete a transaction; ✦Advising on insurance contracts or the adequacy of existing insurance policies; ✦Detailed advice on matters involving property which may be unfit for occupation or extensively damaged; ✦Adjustments to utilities bills; ✦Legal advice on the management of a Body Corporate; ✦Advice on deceased estates and estate management; ✦Installment Contracts. 

Costs payable by you outside of our retainer 

The Quote only contain disclosure of the costs for work performed by us and costs that are incurred by us on your behalf incidental to a standard residential conveyance settlement and specifically exclude: 

  1. work and/or costs for completing a Verification of Identity Report to verify your identity for the purpose of a conveyance transaction;
  2. work and/or costs for administering your money transferred into our Statutory Trust Account for any purpose;
  3. work and/or costs for physically attending any external parties’ or regulatory bodies’ offices to lodge documentation;
  4. fees payable by you to any financial and/or brokerage firms for financial advice and services;
  5. fees payable by you to any inspectors for reporting on the Property that you are transacting including Building and Pest Inspectors, Strata Inspectors;
  6. fees payable by you to any insurers for providing any form of insurance that you may want to obtain;
  7. fees payable by you to third parties billed and charged directly to you including ELNO charges (e.g.: PEXA Fees);
  8. government charges such as Stamp Duty and Registration Fees payable to the authorities payable on your property dealing.

It is your responsibility to query and satisfy yourself on any costs that you may incur incidental to a property transaction. 

Additional costs for work beyond our Scope of Work 

We may provide you with additional services outside the Scope of Work if requested by you. Additional fees may apply for these services unless otherwise agreed with you. 

The additional services we may provide to you upon request and the estimated fee includes: 

Land Contract Review – Off the Plan property 

From $399  

Land Contract drafting 

$300 

Building Contract Review 

$150 

Trust Account Administration Fee 

$20 

Trust Account Cheque Fee 

$10 each 

Registration of Title after Settlement 

$150 

Banking of cheques 

$30 

Deed of Rescission drafting / review 

$300 

Deed of Variation drafting / review 

$110 

Licence Agreement drafting 

$300 

Licence Agreement review 

$150 

We reserve our rights to amend our fixed fees quoted above at any time. 

Contract Drafting (Additional Service) 

Ordinarily the Contract is drafted by the Real Estate Agent, however if you choose to sell your property without an Agent, we can draft the Contract for you upon request. You must provide us with all the relevant information before we can complete the work. Once instructions are received, we will begin work immediately. 

If you contact us to cancel the drafting after instructions are received, we will bill you no less than $110 for cancelling your instructions to us to pay for our time and work performed. Otherwise, the full Contract drafting fee agreed will be payable when the Contract is ready for issue. 

How Payment Works 

Our fees are payable in stages as applicable (billing events): 

  1. $75.00 (inc GST) is payable by bank transfer on completion of our First Suite documents; and
  2. The balance of the Fixed Professional Fees are payable on the day of Settlement of the Property, if Settlement occurs.

If your sale Contract is terminated by either party after signing, the higher of: 

  1. $50.00 (inclusive of GST) plus a fee associated with any searches ordered; or
  2. an amount proportional to the amount of work performed as a part of this Agreement as assessed by our legal practitioner, 

is payable by bank transfer or credit card upon service of the Notice to Terminate. This fee is independent of any other fees charged and payable under this cost agreement. 

Our work will commence immediately after receiving instructions from you whether verbally, in writing or by conduct to act for you. A minimum fee of $32 will be payable by you if you provide us with written notice to terminate this agreement regardless of whether professional services have been rendered at the time of receipt of notice. 

If you choose not to proceed with your purchase matter but some work has been completed on our part, we are entitled to charge you no less than $110 (inclusive of the $32 disclosed above and GST) to pay for our time in preparing to provide you with our services. 

We confirm your agreement to finalise our account at the time of settlement of your property transaction. We have the right to bill you immediately for any costs incurred and paid for by us in the course of your conveyance matter or add the same costs to the next bill as per the above billable events. 

If you have been offered a Discount by our Concierge Team for our services, it will only be applied to your Settlement invoice if you proceed to Settlement of the transaction, unless otherwise agreed in writing. 

Credit Card payment 

When providing us with your credit card details, you irrevocably authorise us to charge your credit card for any amount invoiced, due and payable by you on the due date for payment set out in the relevant invoice(s) for any goods or services provided to you as per your instructions. We will only collect and retain your credit card details for the duration of your conveyance matter and will destroy our records of your credit card details once your matter is closed. 

If your credit card details provided and retained expires, is cancelled or otherwise unable to be debited by our credit card terminal, you will provide us with alternate credit card details as security for our services, without which we may cease to provide you our legal services until new and valid credit card details are provided. 

You may revoke this authority to charge your credit card at any time by notifying us in writing. We reserve the right to require payment by you of an adequate amount to secure our services into our Trust Account prior to commencing or resuming work. 

Cessation of work  

We reserve the right to cease work for you at any time without further liability incurred with immediate notice and effect should you fail to settle any bills issued and payable by yourself upon request from us regardless of the payment due date, or if you have indicated to us in a way that a reasonable person would become doubtful of your ability to settle our bills. 

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our professional fees and costs prior to resuming work for you. 

Termination of this Agreement 

This Agreement may be terminated by you by giving us written notice at any time. If you do so, you will be obliged to pay for such professional fees and other charges for work done to the date of termination or as have been or are billed consequent upon termination and to which we have a right to receive payment. We have the right to retain your file until all fees and costs are paid. 

This Agreement may be terminated by us with immediate notice and effect in one or more of the following circumstances: 

  1. any Invoices issued and payable by you under this Agreement is not paid by the due date;
  2. you have otherwise breached the terms of our Agreement;
  3. you do not provide us with timely, accurate and proper instructions;
  4. you fail to provide us with adequate identity documents to support your transaction;
  5. you indicate to us that you have lost confidence in us;
  6. you lose legal and/or mental capacity to look after your affairs without providing us with a valid Power of  Attorney prior to your loss of legal and/or mental capacity;
  7. we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf;
  8. we believe on a reasonable basis that fraud or attempted fraud is underfoot in relation to your transaction;
  9. you lose capacity;
  10. work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract;
  11. you taking action or foreshadow action to be taken or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us;
  12. by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation or similar just cause.

Termination by us on any of the above grounds does not prejudice or otherwise affect our entitlement to payments due to us under this Agreement prior to termination. 

Our work for you 

To provide you with the legal services you require, we need you to give us clear and complete instructions (in writing where requested by us). We ask that you provide all relevant facts. Often we need to make assumptions in order to provide advice. It is your responsibility to carefully review any assumptions and let us know immediately if any assumptions are incorrect or inappropriate or if you think we have misunderstood your instructions. 

You have the right to ask us for written reports on: 

  • the progress of your matter; and
  • the fees and costs to date or since your last bill.

Assumptions 

The assumptions on which we have based our Fixed Professional Fee and our estimate of the Search Package Fee are: 

  1. negotiations with any other parties are not extensive or protracted;
  2. you are responsive to our communications and answer our requests  for information, documentation and/or funds for Settlement
  3. all other parties are responsive to our communications and answer our requests for information, documentation and/or funds for Settlement;
  4. work is not required or requested outside of that which we have advised is conducted under the Fixed Professional Fee; and
  5. no specialist advice will be required in relation to tax (CGT, GST or stamp duty) or planning matters.

Our charges for services may exceed the estimate if an assumption is or becomes incorrect. It is your responsibility to inform us if any of the assumptions above is or becomes incorrect. If any assumption is or becomes incorrect and this results in the cost of our work exceeding the fixed fee, we will charge you the amount of the excess.  

Trust Account details and use 

You are not obliged to use our Trust Account for this conveyance matter. However we will advise you in circumstances where use of our Trust Account may be necessary to effect settlement. Should you decide to  use our Trust Account the following requirements MUST be complied with. Should you fail to comply with these requirements, you acknowledge that you will not be insured in the event of loss of fraud and indemnify Conveyancing.com.au Pty Ltd against any claim. You acknowledge that you agree to pay our Trust Account Administration Fee and any associated bank cheque fees if you elect to use our Trust Account.  

Requirements

  1. Please advise your Paralegal or Lawyer you intend to use our Statutory Trust Account;
  2. You will be provided with a link to a password protected webpage giving you clear Instructions for depositing money via email;
  3. You MUST call and speak to your Paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your Paralegal or Lawyer.
  4. You Must provide Evidence of the transfer (i.e. copies of transfer receipts or deposit receipts) to your Paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made.

Bills 

You are entitled to negotiate the billing method, to receive a bill from us and to request for an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds. 

We may stop work until unpaid bills are paid. We may also charge you interest on any amount unpaid for 30 days or more after we have given you the bill. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia. 

We have a lien on all documents, funds and records in any form whatsoever in our possession until payment in full of all our bills for all matters in respect of which you have engaged us. We are entitled to retain for our records, copies of all documents which we give you, whether owned by us or not and to deal with them in accordance with the legislative requirements on confidentiality. 

If there is a dispute regarding our costs, you may (in addition to any other rights you may have): 

  • seek advice from the local regulatory authority (Queensland Law Society);
  • apply for costs to be assessed within 12 months if you are unhappy with our costs;
  • apply for the costs agreement to be set aside.

If you suffer loss 

Irrespective of the party at fault you agree that you will pay the first three (3) days of any default interest required to be paid as part of your conveyance transaction upfront whether accrued under the Terms of the Contract, as part of a Settlement extension or on Transfer Duty. You may apply to our office to assess the costs incurred after Settlement. 

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permitted by law) to $2 million which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee. 

However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility. 

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one (1) business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three (3) business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us on our hotline and insist on this matter being escalated until your urgent query is resolved immediately. However, we ask that you use this privilege that we offer you with due consideration. 

It is your responsibility to diarise all important dates in relation to your conveyance transaction and make yourself contactable or advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day then you indemnify Conveyancing.com.au Pty Ltd from any claim or loss arising as a result of this. 

Banking 

You may instruct us to bank cheques as a part of your conveyance. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking and the receipt and clearance of funds by your financial institution. 

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details you will be making the deposit to. If you fail to do this and the funds are, as a result, deposited to a fraudulent source you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit. 

We will do our best to contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. If you are unavailable when we endeavour to contact you to verify these details then you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this deposit. 

Consent to disclose personal information  

Partner Introduction Consent and Fees paid to us or CCA Digital Pty Ltd  

We are obliged to provide you with full and frank disclosure of all information in our knowledge that you should know. We disclose to you that we have entered into agreements with the following third party services providers (our Introducer Partners): 

  • First Title (ACN 075 279 908) (AFSL 263876) (First Title); 
  • Rapid Building Inspections Pty Ltd (ABN 75 614 843 131) (Rapid); 
  • My Local Broker Pty Ltd (ACN 605 003 174) (Local Broker); 
  • On the Move Pty Ltd (ABN 71 124 508 845) (On the Move);  
  • Royal Automobiles Association of Victoria (RACV) Limited (ACN 004 060 833) (RACV);and 
  • ZipID Pty Ltd (ACN 166 644 702) (ZipID). 

 If you provide your consent, you may be contacted by our Introducer Partners (including by telephone and electronic means) to discuss their relevant professional services that they may offer you. There is no cost to you for the referral that we make and you are not obliged to use any service offered to you by an Introducer Partner. 

In order to make the referral, we require your consent to provide the following information to our Introduction Partners: 

  • your name; 
  • your telephone number; 
  • your email address;  
  • the type of transaction you have engaged us for; and 
  • the details of the property that you have sold, 

(your personal information).   

By signing this Letter of Offer, you agree to the Appointment Terms and Conditions, including the disclosure of your personal information. Please contact us immediately if you do not consent to the disclosure of this information. Other than the personal information listed above, which we require your consent to disclose, and our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person.  

The fees that we may receive from our Introducer Partners include: 

  • $82.50 from First Title as a processing fee on all policies; 
  • $100 from Rapid as a Introducer fee on all introductions made; 
  • $100 from Local Broker as a Introducer fee on all introductions made; 
  • variable commission for successful connection of electricity, gas and Telco plus $12 per serviceable 
  • application from On the Move; 
  • $8 from ZipID as an introducer fee on all introductions made; 
  • $20 for building insurance, $20 for landlord insurance, $40 for home and contents insurance, and $40 landlord and building insurance from RACV as a referral fee on qualified referrals that we or CCA Digital (our sister company) makes. 

You accept that Conveyancing.com.au is not liable for any loss suffered or incurred by you in any way whatsoever should you engage any of these Introducer Partners.    

Nothing about these referral arrangements change the service that we provide to you. However, we acknowledge, and we wish to inform you, that an arrangement of this nature has the potential to cause a conflict of interest. If we were to place our own interests in receiving a referral fee from an Introducer Partner over your interests as our client, this could potentially cause detriment to you.  Should any conflict of interest actually arise, or should any detriment be caused to you as a result of our relationships with the Introducer Partners, you have the right to terminate this Agreement allowing you to choose an alternate solicitor firm who does not have the same conflict in the duty of loyalty to you. You have the right to seek independent legal advice about these referrals and about any perceived conflict of interest.  

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner. 

Partners referring you to us for our services 

You may have been referred to us by another professional in the property transacting industry, such as your Real Estate Agent, RACV or CCA Digital Pty Ltd (our Business Partners). If this has occurred, we may pay that Business Partner referrer fee for introducing you to us which we pay to them upon successful Settlement of your transaction,   

We will not seek to recover any of these fees from you.   

By signing this engagement Letter of Offer, you confirm your consent to the payment of referral fees by us to our Business PartnersPlease contact us immediately if you do not consent to these payments. 

In addition, as part of our agreements with our Business Partners, we have agreed to provide them with certain information relating to the progress of the settlement of your property. We will provide updates to our Business Partners on various milestones of your transaction, including for example: 

  • type of transaction that you have engaged us to act for you in; 
  • completion of various searches;  
  • completion of various contract exchange milestones;  
  • updates on financing and payment, such as the payment of the deposit;  
  • completion of any pre-settlement inspections; 
  • status of the settlement booking; and 
  • completion of settlement.  

By accepting this engagement Letter of Offer, you agree to the Appointment Terms and Conditions, including the disclosure of the above information to our Business Partner who referred you to us. Please contact us immediately if you do not consent to the disclosure of this information. Other than the personal information listed above, and disclosure as set out in our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person.   

Just because you may have been referred to us by our Business Partner, you are not obliged to engage us to complete the conveyancing and legal work for the sale of your property. You are not obliged to accept the Appointment Terms and Conditions and you may engage another conveyancer or legal practitioner.   

Regardless of our relationships with our Business Partners, our duties to you as our client are paramount and take priority to any obligations under the agreements we have with our Business Partners. Nothing about these referral arrangements change the service that we provide to you. However, we acknowledge, and we wish to inform you, that an arrangement of this nature has the potential to cause a conflict of interest. If we were to place our own business interests over your interests as our client, this may result in at least a perception of a conflict of interest.  Should any conflict of interest arise, or should any detriment be caused to you as a result of our relationships with our Business Partners, you  have the right to terminate this Agreement allowing you to choose an alternate solicitor firm who does not have the same conflict in the duty of loyalty to you. You have the right to seek independent legal advice about this referral arrangement and about any conflict of interest. 

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner. 

Review platforms 

We may provide your personal information (your first name, last name and email address) to third party review platforms in order for them to email you requesting you to leave a review of your experience with Conveyancing.com.au on their platform. 

By signing this Letter of Offer, you agree to the disclosure of your personal information to customer review platforms including but not limited to Trustpilot. Please contact us immediately if you do not consent to the disclosure of this information

Other than as stated in these Appointment Terms, we will not disclose or act in any way which would disclose your personal information to any other person. 

Privacy Policy  

Conveyancing.com.au and its Introducer Partners and Business Partners willingly abide by the Privacy Act 1988. 

Confidentiality  

Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter or as required by law, including:  

  • to third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc.; 
  • to our professional advisers and insurers; and 
  • the Partner Introduction Consent and Business Partner Consent (referred to above) if authorised by you. 

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations. 

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other subsidiary companies such as Think Support Services, Inc. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and the related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia. 

Complaints 

We endeavour to provide you with the best possible service during your transaction. If, however, you have any queries or concerns that you believe require escalation then you should do the following: 

  1. Put your request in writing to your Paralegal detailing your queries or concerns. We will endeavour to provide you with a response within two (2) to five (5) business days of your correspondence; 
  2. If you are still not satisfied with our response you can escalate your concerns to our Customer Resolution Manager by emailing at feedback@conveyancing.com.au or calling 03 8588 7791
  3. If you want to provide feedback you can do so by submitting feedback at the following link: https://www.conveyancing.com.au/matter-experience  

You agree that you will not publicise your queries or concerns with the quality of our service on any social media sites until after you have provided your feedback to us by at least two of the above means and we have not responded to your queries or concerns within two (2) to five (5) business days as the minimum timeframe allowed. If you fail to comply with this term, you must immediately remove your publication upon request from us. If you refuse to comply with our request and your claims are ultimately proven to be false, we reserve the right to claim any losses suffered as a result of your actions. 

Email 

Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage if this occurs. 

Post 

We are reliant heavily on Australia Post to deliver our documents to you or from you to us during the course of the property transaction. While we do our best to control incoming and outgoing mails in our various offices, we cannot be responsibility for lost post or parcels sent from or to our office once it has left our possession. Hence, to the extent permitted by law, we are not liable for any loss or damage if post or parcels are lost in transit. 

Your records 

You agree that Conveyancing.com.au will, upon closing your file, retain any papers to which you are entitled to and leave them in our possession (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years. 

Once your matters are closed and archived, you may request us to provide you with a copy of documents, correspondences or information from your archived matter. We are entitled to charge a $35 File Retrieval Fee which will be invoiced and you must pay for at the same time that these documents, correspondences or information are provided to you. 

Novation 

If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you give us a written direction to the contrary in relation to the conduct of your file, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us. 

Definition

Contract means the offer and acceptance contract for the purchase or sale of real estate in WesternAustralia
Quote means the estimate of your full conveyance fee payable by you for our services
Fixed Professional Fee means the fee charged by us for our professional knowledge, time and effort spent on your conveyance matter
Land Contract drafting means the professional service of drafting a standard REIWA Contract for the sale of your property which is usually not required if you are selling through a Real Estate Agency
Disclosure Statement means  the  document  by  the  Body  Corporate  disclosing  information  associated  with  the management of the Community Title Scheme
First Letter means the first letter we provided to you as a part of the conveyance matter after receiving a signed Contract containing advice on the conveyance process
Settlement means  the  event  that  occurs  to  confirm  completion  of  the  property  sale  and  purchase transaction in accordance with the Contract

Relevant law 

You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with our Agreement) are governed by federal and state laws. For the avoidance of doubt, the applicable state law applied to this Agreement is the state in which the property being transacted by you forms a part of. 

Form 1  

Legal Profession Act 2007 (s 308(5))  

FORM OF DISCLOSURE OF COSTS TO CLIENTS  

Legal Costs – your right to know  

You have the right to:  

  • negotiate a costs agreement with us  
  • receive a bill of costs from us  
  • request an itemised bill of costs after you receive a lump sum bill from us  
  • request written reports about the progress of your matter and the costs incurred in your matter  
  • apply for costs to be assessed within 12 months if you are unhappy with our costs  
  • apply for the costs agreement to be set aside  
  • accept or reject any offer we make for an interstate costs law to apply to your matter  
  • notify us that you require an interstate costs law to apply for your matter.  

For more information about your rights, please read the fact sheet titled Legal Costs – your right to know. You can ask us for a copy, or obtain it from your local law society or law institute (or download it from their website).   

SCHEDULE 1 

Some or all of the following benefits may be offered: 

Corporate Offices of Real Estate Agency Groups 

  • One off sponsorship fee (the amount varies by group)
  • Up to $1,000 per annual for each individual real estate agency in the group that enters into an individual sponsorship agreement and that meet various other criteria
  • A volume fee on achieving aggregate conveyancing transactions through the conveyancing.com.au application (App)

Volume of transactions 

Volume Fee for achievement of each volume of transactions (up to these amounts) 

1,000 

$20,000 

2,000 

$30,000 

3,000 

$40,000 

4,000 

$50,000 

5,000 

$60,000 

Every 500 transactions over 5,000  

$20,000 

Individual Real Estate Agencies Sponsorship Agreements 

  • A fixed sum (the amount varies per agency) to real estate agencies as a sponsorship fee  
  • A fixed sum (the amount varies by agency) to a real estate agency upon the agency introducing through the App 50 conveyancing transactions that go through to a successful settlement  
  • Free continual professional develop training for real estate professionals using the App 
  • Entertainment and prize pool incentives, subject to the discretion of CCA Digital Pty Ltd (which is a sister company to Conveyancing.com.au Pty Ltd) 
  • Joint marketing initiatives 
  • An App support hotline available seven days a week 
Victoria

Appointment Terms and Conditions 

Victorian Seller 

Conveyancing.com.au Pty Ltd 

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387, being an incorporated legal practice able to provide legal services in all jurisdictions of Australia. 

 

Our Agreement 

Our Agreement may be evidenced by our Quote, the Letter of Offer and this Appointment Terms and Conditions which are the general appointment terms and conditions on which we provide legal services. You have the right to negotiate any part of this Agreement with us. 

Where there is conflict between our Quote, the Letter of Offer and these Appointment Terms and Conditions, our agreement will be interpreted in the following descending order: 

  1. these Appointment Terms and Conditions; then 
  2. the Letter of Offer; then 
  3. our Quote. 

Our Quote may be provided to you verbally or in writing. If there is conflict or disagreement between you and us on the quote provided, our written quote will take precedence unless otherwise negotiated by you. 

If there is more than one client, by accepting this Appointment Terms and Conditions, you are agreeing that we may consider instructions received by one or any client as authorised instructions given on behalf of each client and every client. 

 

Acceptance of our Terms and Conditions 

These Appointment Terms and Conditions are deemed to be accepted by you if you continue to provide us with instructions to proceed to act for you whether verbally or by conduct, which includes but is not limited to: 

  • confirming our retainer by email, text message, or verbal instructions over the phone; and 
  • completed our questionnaire so we may have sufficient information to begin drafting the Contract. 

Once a signed copy of the Letter of Offer is received or you have taken the steps outlined above, we will open a file for your matter and you will be allocated a Lawyer and/or Paralegal to assist you throughout the conveyancing transaction. You may also be provided with our State Practice Manager’s details to discuss any concerns (e.g. legal costs, service delivery, et cetera). 

Acceptance of the terms of our Agreement by you is deemed acceptance by any other persons related to you to whom we provide the same legal services unless expressly objected to by the other person or persons. 

 

Commencement of our Retainer 

Our retainer does not commence until you receive a notification from our office advising that a matter has been created and you have been allocated a Paralegal or Lawyer. You are responsible for providing your assigned Paralegal and/or Lawyer with any special requests and instructions beyond the standard scope of conveyance work as listed in the Scope of Work below. Any discussions, correspondences, negotiations, instructions, documents shared between you and our office (in particular our Front of House and Concierge team) cannot be relied upon and does not constitute formal advice. 

Only your lawyer can provide you with legal advice. 

 

Our professional relationship 

In each matter in which we act for you, we act as your independent legal adviser solely in your best interests unless you agree that we can act for another party as well.  

By entering into this agreement you agree that Conveyancing.com.au is permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or for both parties in a transaction (Conflict Matters) provided Conveyancing.com.au clearly advises that it will be acting in such a matter prior to commencing work and you do not promptly object.   

Measures are in place to protect all parties confidential information where a conflict of interest may arise and Conveyancing.com.au will consider each matter on a case by case basis before commencing to act in a Conflict Matter.  

We reserve our rights to refuse to act for another party to this transaction or a Conflict Matter at any point in time. 

 

Conveyancing Fees 

Our fees are billed in two parts: 

  1. the Fixed Professional Fee for our professional services; and 
  2. the Search Package Fee. 

You acknowledge that the standard general timeframe for Settlement is 30 days from receipt of a signed Contract of Sale, if you require Settlement to occur in a shorter time frame, the following surcharge will apply: 

  1. $75 for a Settlement in 21 days or less; or 
  2. $120 for a Settlement in 14 days or less. 

You acknowledge that the more valuable or expensive the market value or purchase price of the real property to be conveyed, the higher the risks we as a firm are liable to you for. Hence, any conveyance of a residential property with a market value or purchase price of more than $2 million will incur a surcharge of $250. 

All rates, charges, expenses, etc. in this document are GST exclusive unless otherwise stated to be inclusive of GST. You will pay us an additional amount on account of any GST which we are liable to pay as a result of any supply we make to you. 

 

Scope of Work 

The scope of work that we undertake for you is strictly limited to the work involved in a standard residential conveyance. Any additional work that falls outside the scope of a standard residential conveyance will be an additional cost billable to you. 

If you want us to undertake any additional work not included within the scope, you must make a request to us in which case we shall decide at our absolute discretion whether to service your request for us to undertake additional work. 

If you intend to instruct us to exclude any steps or work that are generally considered usual and necessary in a conveyance, or to save on any costs by not taking a certain action, such as ordering the searches ordinarily required to complete our disclosure on your behalf, you must do so in writing directly to your assigned Lawyer and/or Paralegal. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and waive your right to make any claim against our practice for any costs or loss you may suffer as a direct or indirect result of the exclusions. 

The residential conveyance service we will provide for the Fixed Professional Fee comprise: 

  1. Obtaining your instructions on matters relating to the sale for the purpose of preparing the Contract of Sale and Vendor’s Statement; 
  2. Preparation of the Contract of Sale and Vendor’s Statement and issuing same to your Real Estate Agent; 
  3. Receipt of the fully signed Contract from you and/or your Real Estate Agent to commence the conveyance of your sale; 
  4. Drafting and providing you with the first suite of documents to complete and sign in preparation for Settlement; 
  5. Preparation of Section 27 Statement and obtaining details from your mortgagee to complete Section 27 Statement and forwarding to you and the Purchaser to sign if requested; 
  6. Liaising with you and/or your mortgage to arrange for the discharge of your mortgage at Settlement if relevant; 
  7. Receipt and processing of your completed and signed first suite documents in preparation for Settlement; 
  8. Preparing the appropriate duties form on the Duties Online portal operated by the State Revenue Office; 
  9. Liaise with you and relevant parties to obtain signatures on the online duties forms; 
  10. Opening an electronic settlement workspace and prepare the electronic Transfer and related documents; 
  11. Review Statement of Adjustments and Settlement Statement received from the Purchaser; 
  12. Book settlement with the relevant parties and providing you with a pre-settlement letter; 
  13. Complete Settlement preparation steps prior to Settlement, such as providing your payment directions to the Purchaser and checking the payout figure from your mortgagee, if relevant; 
  14. Providing the Purchaser with your ATO Foreign Residents CGT Withholding Certificate and/or your GST Withholding information to your Purchaser and obtaining the payment references for your records, if relevant; 
  15. Sign off on the electronic documentation and financial information to enable Settlement; 
  16. Notify authorities of your sale of the Property and issue the Notice of Disposition; and 
  17. Send post settlement letter to you together with a copy of the Settlement Statement, our tax invoice and Trust Account Statement (if applicable),  which is an exhaustive list. 

If you instruct us to settle the conveyance matter, or if the conveyance matter is required to settle on an Electronic Lodgement Network Operator (ELNO) platform (“Electronic Settlement”) such as Property Exchange Australia (PEXA), you agree that there will be a fee charged on you by the ELNO platform which is additional to costs quoted by us. 

Where Settlement must be a paper-based Settlement for whatever reason, paragraphs (j) and (o) in the immediate list above will be excluded from the Scope of Work. 

You acknowledge that the Conveyancing Fee quoted is a competitive quote in the current market and is tailored on the basis that all communications occur remotely by phone calls, emails and posts. You may attend our physical office only to drop off documentation required for your conveyance matter after making a booking with your Paralegal, so we can ensure that a member of our office can be made available to you. Any personal face-to-face consultations must be booked in advance and are subject to our staff’s availability and is generally not included in the fixed fee as quoted. 

You acknowledge that our practice provides legal services in a transactional basis with the intention to complete a conveyance transaction. Our Scope of Work will not include advice work surrounding disputes, enforcement of disputes, termination of an unconditional contract and otherwise dealing with any form of conflict of intentions between the parties to a conveyance transaction. 

 

Scope of work excluded 

For the avoidance of doubt, the following work is expressly excluded from our Scope of Work: 

  1. work involved in organising additional documents or lodgements to prove your legal entitlement to sell the property (e.g.: lodging a survivorship application, power of attorney);  
  2. work involved in removing any encumbrances registered on your Title outside of a standard mortgage required to complete your Contract of Sale; and 
  3. personal face-to-face consultations with your Lawyer and/or Paralegal. 

We are practice primarily advising on property law relevant to residential conveyancing and will not be able to provide advice or services in the following categories: 

✦Property Valuations; ✦Financial and Taxation advice; ✦Succession and Matrimonial advice; ✦Physical inspection of the property and surroundings; ✦Conducting or arranging building & pest inspections or surveys; ✦Advice on any loan or mortgage; ✦Building and similar covenants; ✦Town planning advice; ✦Consumer Guarantees; ✦National Rental Affordability Scheme; ✦Eligibility for government grants; ✦Leases, letting or residential tenancies; ✦Caretaking and letting agreements; ✦Preparation or advice in relation to any matter that in our opinion may result in litigation or court work; ✦Legal advice in relation to any Financial Agreements, Court Orders, Deeds of Family Arrangements provided by you; ✦Self-Managed Superannuation Funds; ✦Your future use of the property; ✦Home warranty insurance; ✦Foreign Investment Review Board requirements; ✦Review of trusts or trust deeds; ✦Advice on the capability of a company or trust to complete a transaction; ✦Advising on insurance contracts or the adequacy of existing insurance policies; ✦Detailed advice on matters involving property which may be unfit for occupation or extensively damaged; ✦Adjustments to utilities bills; ✦Legal advice on the management of a Body Corporate; ✦Advice on deceased estates and estate management; ✦Terms Contracts. 

 

Search Package Fee 

The Search Package Fee contained in the Quote is always an estimate, made based on the following assumptions: 

  1. the property under Contract is located within the City of Melbourne. The Search Package Fee may be more for properties located in other areas; 
  2. your conveyance transaction is standard. Additional searches to complete disclosure statements are not included and may be recommended or required by statute based on your personal circumstances assessed on a case-by-case basis; 
  3. if Settlement takes place as a paper-based Settlement, it will take place in Melbourne or a location where settlement agents fees are comparable. Any additional costs for this will be passed on to you; 
  4. if you instruct or your matter is required to be completed as an Electronic Settlement, an amount equivalent to the Settlement Attendance fee will be charged for Settlement Administration of the ELNO Workspace. 

The search fees we have quoted are subject to change by the search provider without notice. We do not guarantee that the fees shown will be accurate for the day on which your searches are ordered. You must always pay us a price inclusive of the actual costs charged by the search provider and incurred by us. 

You authorise us and we reserve our rights to incur additional costs on your behalf where we deem it necessary to complete our professional due diligence to look after your best interests. However, we are obliged to and will disclose any substantial change in circumstances which leads to a substantial increase and/or any additional substantial costs to the Search Package Fee previously disclosed. For the avoidance of doubt, “substantial costs” are deemed to be $200 or more. 

 

Costs payable by you outside of our retainer 

The Quote only contains disclosure of the costs for work performed by us and costs that are incurred by us on your behalf incidental to a standard residential conveyance settlement, and specifically exclude: 

  1. work and/or costs for completing a Verification of Identity Report to verify your identity for the purpose of a conveyance transaction; 
  2. work and/or costs for administering your money transferred into our Statutory Trust Account for any purpose; 
  3. work and/or costs for physically attending any external parties’ or regulatory bodies’ offices to lodge documentation; 
  4. fees payable by you to any financial and/or brokerage firms for financial advice and services; 
  5. fees payable by you to any inspectors for reporting on the Property that you are transacting including Building and Pest Inspectors, Strata Inspectors; 
  6. fees payable by you to any insurers for providing any form of insurance that you may want to obtain; 
  7. fees payable by you to third parties billed and charged directly to you including ELNO charges (e.g.: PEXA Fees); and  
  8. government charges such as Stamp Duty and Registration Fees payable to the authorities payable on your property dealing. 

It is your responsibility to query and satisfy yourself on or about any further, other or additional costs that you may incur incidental to a property transaction. 

 

Additional costs for additional work beyond our Scope of Work 

If you require us to perform work outside of the Scope of Work, we reserve the right to quote this work subject to your specific needs. 

The additional services we may provide to you upon request and the estimated fee includes: 

Land Contract Review – Off the Plan property 

From $239 

Land Contract Review – Existing residential property 

From $249 

Contract and Vendor Statement drafting 

$375 

Building Contract Review 

$150 

Trust Account Administration Fee 

$20 

Trust Account Cheque Fee 

$10 each 

Stamping and Registration of Title after Settlement 

$150 

Banking / Collection of cheques 

$30 

Deed of Rescission / Variation drafting 

$300 

Deed of Rescission / Variation review 

$150 

Licence Agreement drafting 

$300 

Licence Agreement review 

$150 

General Power of Attorney drafting 

$150 

 

We reserve our rights to amend our fixed fees quoted above at any time. 

 

How Payment Works 

In a transaction that goes through to Settlement our fees are payable in two stages: 

  1. 50% of the Fixed Professional Fee (including GST) plus any Search Package Fees incurred are payable on issue of the Contract of Sale and Vendor Statement to you or your Real Estate Agent; and 
  2. the balance of our Fixed Professional Fee and any further Search Package Fees on the day Settlement occurs. 

Once instructions are received, we will begin work immediately. If you contact us to cancel the drafting after instructions are received and work has been performed on your matter pending finalisation, we will bill you no less than $110 for our time and work performed up until your instructions are cancelled. Otherwise, the full Contract and Vendor Statement drafting fee outlined above will be payable when the Contract is ready for issue. 

If your Contract of Sale proceeded to signing but is terminated by either party after signing, the higher of: 

  1. $110.00 (including GST) plus a fee associated with any searches ordered; or 
  2. an amount proportional to the amount of work performed as a part of this retainer as assessed by our legal practitioner, 

is payable upon service of the notice to terminate. This fee is independent of any other fees charged and payable under this cost agreement, including but not limited to the Search Package Fee. 

In addition to the fees payable at each of the stages outlined above, we also have the right to bill you immediately for any additional costs incurred and paid for by us in the course of your conveyance matter or, alternatively, to add the same costs to the next invoice as per the billable milestones outlined above. 

If you have been offered a discount by our Concierge Team for our services, it will only be applied to your Settlement invoice if you proceed to Settlement of the transaction, unless otherwise agreed in writing. 

 

Credit Card payment 

When providing us with your credit card details, you irrevocably authorise us to charge your credit card for any amount invoiced, due and payable by you on the due date set out in the relevant invoice(s) for payment for any goods or services provided to you as per your instructions. We will only collect and retain your credit card details for the duration of your conveyance matter and will destroy our records of your credit card details once your file is closed. 

If your credit card details provided and retained expires, is cancelled or otherwise unable to be debited by our credit card terminal, you will provide us with alternate credit card details as security for our services, without which we may cease to provide to you our legal services until new and valid credit card details are provided. 

You may revoke this authority to charge your credit card at any time by notifying us in writing. We reserve the right to require payment by you of an adequate amount into our Trust Account to secure our services prior to commencing or resuming work. 

 

Cessation of work  

We reserve the right to immediately cease work for you at any time without further liability should have outstanding bills that have been issued and remain unpaid after the due date, or if you have provided any information to us based upon which a reasonable person would become doubtful of your ability to settle our bills. 

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our professional fees and costs prior to resuming work for you. 

 

Termination of this Agreement 

This Agreement may be terminated by you by giving us written notice at any time. If you do so, you will be obliged to pay for such professional fees and other charges for work done to the date of termination or as have been or are billed consequent upon termination and to which we have a right to receive payment. We have the right to retain your file until all fees and costs are paid. 

This Agreement may be terminated by us with immediate notice and effect in one or more of the following circumstances: 

  1. any Invoices issued and payable by you under this Agreement is not paid by the due date; 
  2. you have otherwise breached the terms of this Agreement; 
  3. you do not provide us with timely, accurate and proper instructions; 
  4. you fail to provide us with adequate identity documents to support your transaction; 
  5. you indicate to us that you have lost confidence in us; 
  6. you lose legal and/or mental capacity to look after your affairs without providing us with a valid Power of Attorney prior to your loss of legal and/or mental capacity; 
  7. we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf; 
  8. we believe on a reasonable basis that fraud or attempted fraud is underfoot in relation to your transaction; 
  9. work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract; 
  10. you taking action or foreshadow action to be taken or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us; or 
  11. by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation or similar just cause. 

Termination by us on any of the above grounds does not prejudice or otherwise affect our entitlement to payments due to us under this Agreement prior to termination. 

 

Our work for you 

To provide you with the legal services you require, we need you to give us clear and complete instructions (in writing where requested by us). We ask that you provide all relevant facts. Often we need to make assumptions in order to provide advice. It is your responsibility to carefully review any assumptions made by us and to let us know immediately if any assumptions are incorrect or inappropriate or if you think we have misunderstood your instructions. 

You have the right to ask us for written reports on: 

  • the progress of your matter; and 
  • the fees and costs to date or since your last bill. 

 

Assumptions 

The assumptions on which we have based our Fixed Professional Fee and our estimate of the Search Package Fee are: 

  1. negotiations with any other parties are not extensive or protracted; 
  2. you are responsive to our communications and answer our requests for information, documentation and/or funds for Settlement 
  3. all other parties are responsive to our communications and answer our requests for information, documentation and/or funds for Settlement; 
  4. work is not required or requested outside of that which we have advised is conducted under the Fixed Professional Fee; and 
  5. no specialist advice will be required in relation to tax (CGT, GST or stamp duty) or planning matters. 

Our charges for services may exceed the estimate if an assumption is or becomes incorrect. It is your responsibility to inform us if any of the assumptions above is or becomes incorrect. If any assumption is or becomes incorrect and this results in the cost of our work exceeding the fixed fee, we will charge you the amount of the excess.  

 

Trust Account details and use 

You are not obliged to use our Trust Account for this conveyance matter. Should you decide to use our Trust Account the following requirements MUST be complied with. Should you fail to comply with these requirements, you acknowledge that you will not be insured in the event of loss or fraud and indemnify Conveyancing.com.au Pty Ltd against any claim. You acknowledge that you agree to pay our Trust Account Administration Fee and any associated bank cheque fees if you elect to use our Trust Account. 

Requirements

  1. Please advise your Paralegal or Lawyer you intend to use our Statutory Trust Account; 
  2. You will be provided via email with a link to a password protected webpage giving you clear Instructions for depositing money; 
  3. You MUST call and speak to your Paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your Paralegal or Lawyer. 
  4. You Must provide Evidence of the transfer to your Paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made. 

 

Bills 

You are entitled to negotiate the billing method, to receive a bill from us and to request an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds. 

We may stop work until unpaid bills are paid. We may also charge you interest on any amount unpaid for 30 days or more after we have given you the bill. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia. 

We have a lien on all documents, funds and records in any form whatsoever in our possession until payment in full of all our bills for all matters in respect of which you have engaged us. We are entitled to retain for our records copies of all documents which we give you, whether owned by us or not and to deal with them in accordance with all applicable law relating to confidentiality. 

If there is a dispute regarding our costs, you may (in addition to any other rights you may have): 

  • seek advice from the local regulatory authority (the Victorian Legal Services Board and Commissioner);
  • apply for costs to be assessed within 12 months if you are unhappy with our costs; or
  • apply for the costs agreement to be set aside.

 

If you suffer loss 

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permitted by law) to $2 million, which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee. 

However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility. 

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one (1) business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three (3) business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us on our hotline and insist on this matter being escalated until your urgent query is resolved immediately. However, we ask that you use this service that we offer you with due consideration. 

It is your responsibility to diarise all important dates in relation to your conveyance transaction and make yourself contactable or advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day then you indemnify Conveyancing.com.au Pty Ltd from any claim or loss arising as a result of this. 

 

Banking 

You may instruct us to bank cheques as a part of your conveyance. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking and the receipt and clearance of funds by your financial institution. 

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details you will be making the deposit to. If you fail to do this and the funds are, as a result, deposited to a fraudulent source, you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit. 

We will do our best to contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. If you are unavailable when we endeavour to contact you to verify these details then you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this deposit. 

 

Consent to disclose your personal information 

Partner Introduction Consent and Fees paid to us or CCA Digital Pty Ltd 

We are obliged to provide you with full and frank disclosure of all information in our knowledge that you should know. We disclose to you that we have entered into agreements with the following third party services providers (our Introducer Partners): 

  • FirstTitle (ACN 075 279 908) (AFSL 263876) (First Title); 
  • RapidBuilding Inspections Pty Ltd (ABN 75 614 843 131) (Rapid); 
  • MyLocal Broker Pty Ltd (ACN 605 003 174) (Local Broker); 
  • Onthe Move Pty Ltd (ABN 71 124 508 845) (On the Move);  
  • RoyalAutomobiles Association of Victoria (RACV) Limited (ACN 004 060 833) (RACV); and  
  • ZipIDPty Ltd (ACN 166 644 702) (ZipID).  

If you provide your consent, you may be contacted by our Introducer Partners (including by telephone and electronic means) to discuss their relevant professional services that they may offer you. There is no cost to you for the referral that we make and you are not obliged to use any service offered to you by an Introducer Partner.  

In order to make the referral, we require your consent to provide some or all the following information to our Introduction Partners: 

  • yourname; 
  • your telephone number; 
  • your email address;  
  • the type of transaction you have engaged us for; and  
  • the details of the property that you have sold, (your personal information).  

By signing this Letter of Offer, you agree to the Appointment Terms and Conditions, including the disclosure of your personal information. Please contact us immediately if you do not consent to the disclosure of this information. Other than the personal information listed above, which we require your consent to disclose, and our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person..  

Following our referral, if you engage one or more of our Introducer Partners to provide you with professional services, we will receive the following fees from the relevant Introducer Partner: 

  • $82.50 from First Title as a processing fee on all title insurance policies; 
  • $100 from Rapid as a referral fee on all referrals that we make; 
  • $100 from Local Broker as an introducer fee on all introductions made; 
  • variable commission for successful connection of electricity, gas and Telco plus $12 per serviceable application from On the Move; 
  • $8 from ZipID as an introducer fee on all introductions made; 
  • $20 for building insurance, $20 for landlord insurance, $40 for home and contents insurance, and $40 landlord and building insurance from RACV as a referral fee on qualified referrals that we or CCA Digital (our sister company) makes. 

You accept that Conveyancing.com.au is not liable for any loss suffered or incurred by you in any way whatsoever should you engage any of these Introducer Partners.   

Our duties to you as our client are paramount and take priority over our relationship with our Introducer Partners. Nothing about these referral arrangements change the service that we provide to you. However, we acknowledge, and we wish to inform you, that an arrangement of this nature has the potential to cause a conflict of interest. If we were to place our own interests in receiving a referral fee from an Introducer Partner over your interests as our client, this could potentially cause detriment to you.  Should any conflict of interest actually arise, or should any detriment be caused to you as a result of our relationships with the Introducer Partners, you have the right to terminate this Agreement allowing you to choose an alternate solicitor firm who does not have the same conflict in the duty of loyalty to you. You have the right to seek independent legal advice about these referrals and about any perceived conflict of interest. 

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner. 

Partners referring you to us for our services 

You may have been referred to us by another professional in the property transacting industry, such as your Real Estate Agent, RACV or CCA Digital Pty Ltd (our Business Partners). If this has occurred, we may pay that Business Partner one or more of the referral fees detailed in Schedule 1 to this letter.  

We will not seek to recover any of these fees from you. 

By signing this engagement Letter of Offer, you confirm your consent to the payment of referral fees by us to our Business Partners. Please contact us immediately if you do not consent to these payments.  

In addition, as part of our agreements with our Business Partners, we have agreed to provide them with certain information relating to the progress of the settlement of your property. We will provide updates to our Business Partners on various milestones of your transaction, including for example: 

  • type of transaction that you have engaged us to act for you in; 
  • completion of various searches;  
  • completion of various contract exchange milestones;  
  • updates on financing and payment, such as the payment of the deposit;  
  • completion of any pre-settlement inspections; 
  • status of the settlement booking; and 
  • completion of settlement.  

By accepting this engagement Letter of Offer, you agree to the Appointment Terms and Conditions, including the disclosure of the above information to our Business Partner who referred you to us. Please contact us immediately if you do not consent to the disclosure of this information. Other than the personal information listed above, which we seek your consent to disclose, and disclosure as set out in our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person..  

Just because you may have been referred to us by our Business Partner, you are not obliged to engage us to complete the conveyancing and legal work for the sale of your property. You are not obliged to accept the Appointment Terms and Conditions and you may engage another conveyancer or legal practitioner.  

Regardless of our relationships with our Business Partners, our duties to you as our client are paramount and take priority to any obligations under the agreements we have with our Business Partners. Nothing about these referral arrangements change the service that we provide to you. However, we acknowledge, and we wish to inform you, that an arrangement of this nature has the potential to cause a conflict of interest. If we were to place our own business interests over your interests as our client, this may result in at least a perception of a conflict of interest.  Should any conflict of interest arise, or should any detriment be caused to you as a result of our relationships with our Business Partners, you  have the right to terminate this Agreement allowing you to choose an alternate solicitor firm who does not have the same conflict in the duty of loyalty to you. You have the right to seek independent legal advice about this referral arrangement and about any conflict of interest. 

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner. 

Review platforms 

We may provide your personal information (your first name, last name and email address) to third party review platforms in order for them to email you requesting you to leave a review of your experience with Conveyancing.com.au on their platform. 

By signing this Letter of Offer, you agree to the disclosure of your personal information to customer review platforms including but not limited to Trustpilot. Please contact us immediately if you do not consent to the disclosure of this information

Other than as stated in these Appointment Terms and our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person.  

 

Privacy Policy  

Conveyancing.com.au and its Introducer Partners and Business Partners willingly abide by the Privacy Act 1988 (Cth). 

 

Confidentiality  

Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter or as required by law, including: 

  • to third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc.; 
  • to our professional advisers and insurers; 
  • the State Revenue Office, the ELNO, the Land Use Victoria; and 
  • the Partner Introduction Consent and Business Partner Consent (referred to above) if authorised by you. 

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations. 

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other subsidiary companies such as Think Support Services Inc. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia. 

 

Complaints 

We endeavour to provide you with the best possible service during your transaction. If, however you have any queries or concerns that you believe require escalation then you should do the following: 

  1. Put your request in writing to your Paralegal detailing your queries or concerns. We will endeavour to provide you with a response within two (2) to five (5) business days of your correspondence; 
  2. If you are still not satisfied with our response you can escalate your concerns to our Customer Resolution Manager, by emailing your feedback to feedback@conveyancing.com.auor calling 03 8588 7791. 

You agree that you will not publicise your queries or concerns with the quality of our service on any social media sites until after you have provided your feedback to us by at least two of the above means and we have not responded to your queries or concerns within two (2) to five (5) business days as the minimum timeframe allowed. If you fail to comply with this term, you must immediately remove your publication upon request from us. If you refuse to comply with our request and your claims are ultimately proven to be false, we reserve the right to claim any losses suffered as a result of your actions. 

 

Email 

Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage if this occurs. 

 

Post 

We are reliant heavily on Australia Post to deliver our documents to you or from you to us during the course of the property transaction. While we do our best to control incoming and outgoing mails in our various offices, we cannot be responsible for lost post or parcels sent from or to our office once it has left our possession. Hence, to the extent permitted by law, we are not liable for any loss or damage if post or parcels are lost or delayed in transit. 

 

Your records 

You agree that Conveyancing.com.au will, upon closing your file, retain any papers to which you are entitled to and leave them in our possession (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years. 

Once your matters are closed and archived, you may request us to provide you with a copy of documents, correspondences or information from your archived matter. We are entitled to charge a $35 File Retrieval Fee which will be invoiced and you must pay for at the same time that these documents, correspondences or information are provided to you. 

 

Novation 

If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you give us a written direction to the contrary in relation to the conduct of your file, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us. 

 

Definition

Contract means the offer and acceptance contract for the purchase or sale of real estate in WesternAustralia
Quote means the estimate of your full conveyance fee payable by you for our services
Fixed Professional Fee means the fee charged by us for our professional knowledge, time and effort spent on your conveyance matter
Land Contract drafting means the professional service of drafting a standard REIWA Contract for the sale of your property which is usually not required if you are selling through a Real Estate Agency
Disclosure Statement means  the  document  by  the  Body  Corporate  disclosing  information  associated  with  the management of the Community Title Scheme
First Letter means the first letter we provided to you as a part of the conveyance matter after receiving a signed Contract containing advice on the conveyance process
Settlement means  the  event  that  occurs  to  confirm  completion  of  the  property  sale  and  purchase transaction in accordance with the Contract

 

Relevant law

You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with our Agreement) are governed by federal and state laws. For the avoidance of doubt, the applicable state law applied to this Agreement is the state in which the property being transacted by you forms a part of.

 

SCHEDULE 1 

Some or all of the following benefits may be offered: 

Corporate Offices of Real Estate Agency Groups 

One off sponsorship fee (the amount varies by group) 

Up to $1,000 per annual for each individual real estate agency in the group that enters into an individual sponsorship agreement and that meet various other criteria 

A volume fee on achieving aggregate conveyancing transactions through the conveyancing.com.au application (App

Volume of transactions 

Volume Fee for achievement of each volume of transactions (up to these amounts) 

1,000 

$20,000 

2,000 

$30,000 

3,000 

$40,000 

4,000 

$50,000 

5,000 

$60,000 

Every 500 transactions over 5,000  

$20,000 

 

Individual Real Estate Agencies Sponsorship Agreements 

  • A fixed sum (the amount varies per agency) to real estate agencies as a sponsorship fee  
  • A fixed sum (the amount varies by agency) to a real estate agency upon the agency introducing through the App 50 conveyancing transactions that go through to a successful settlement  
  • Free continual professional develop training for real estate professionals using the App 
  • Entertainment and prize pool incentives, subject to the discretion of CCA Digital Pty Ltd (which is a sister company to Conveyancing.com.au Pty Ltd) 
  • Joint marketing initiatives 
  • An App support hotline available seven days a week 
Western Australia

Appointment Terms and Conditions

WA Seller

Conveyancing.com.au

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387, being an incorporated legal practice able to provide legal services in all jurisdictions of Australia.

 

Our Agreement

Our Agreement may be evidenced by our Quote and this Appointment Terms and Conditions which are the general appointment terms and conditions on which we provide legal services. You have the right to negotiate any part of this Agreement with us.

Where there is conflict between our Quote, the Letter of Offer and these Appointment Terms and Conditions, our agreement will be interpreted in the following descending order:

  1. these Appointment Terms and Conditions; then
  2. the Letter of Offer; then
  3. our Quote.

Our Quote may be provided to you verbally or in writing. If there is conflict or disagreement between you and us on the quote provided, our written quote will take precedence unless otherwise negotiated by you.

If there is more than one client, by accepting this Appointment Terms and Conditions you are agreeing that we may consider instructions received by one or any client as authorised instructions given on behalf of each client and every client.

 

Acceptance of our Terms and Conditions

These Appointment Terms and Conditions are deemed to be accepted by you if you continue to provide us with instructions to proceed to act for you whether verbally or by conduct, which includes but is not limited to:

  1. confirming our retainer by email, text message, or verbal instructions over the phone;
  2. providing us with a copy of your signed or unsigned Contract.;
  3. paying any or all of our fee; or
  4. providing us with instructions to draft a Contract (not included in the Professional Fee).

Once a signed copy of the Letter of Offer is received or you have taken the steps outlined above, we will open a file for your matter and you will be allocated a Lawyer and/or Paralegal to assist you throughout the conveyancing transaction. You may also be provided with our State Practice Manager’s details to discuss any concerns (e.g.: legal costs, service delivery, et cetera).

Acceptance of the terms of our Agreement by you is deemed acceptance by any other persons related to you to whom we provide the same legal services to unless expressly objected to by this other person or persons.

The estimate of our fees is based on information available to this firm to date. Our fixed fee is set out in our Engagement Letter and is subject to change if extraordinary work is required or if the costs of outlays have increased unexpectedly.

 

Commencement of our Retainer

Our retainer does not commence until you receive a Notification from our office advising that a matter has been created and you have been allocated a Paralegal or Lawyer. You are responsible for providing your assigned Paralegal and/or Lawyer with any special requests and instructions beyond the standard scope of conveyance work as listed in the Scope of Work below. Any discussions, correspondences, negotiations, instructions, documents shared between you and our office (in particular our Front of House and Concierge team) cannot be relied upon and does not constitute formal advice.

Only your lawyer can provide you with legal advice.

 

Our professional relationship

In each matter in which we act for you, we act as your independent legal adviser solely in your best interests unless you agree that we can act for another party as well.

By entering into this agreement you agree that Conveyancing.com.au is permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or for both parties in a transaction (Conflict Matters) provided Conveyancing.com.au clearly advises that it will be acting in such a matter prior to commencing work and you do not promptly object.

Measures are in place to protect all parties confidential information where a conflict of interest may arise and Conveyancing.com.au will consider each matter on a case by case basis before commencing to act in a Conflict Matter.

We reserve our rights to refuse to act for another party to this transaction or a Conflict Matter at any point in time.

 

Conveyancing Fees

Our professional fee is fixed for the professional services listed in the Scope of Work.

You acknowledge that the standard general timeframe for Settlement is 42 days from receipt of instructions to commence work, if you require Settlement to occur in a shorter time frame, the following surcharge will apply:

  1. $75 for a Settlement in 21 days or less;
  2. $120 for a Settlement in 14 days or less.

You acknowledge that the more valuable or expensive the market value or purchase price of the real property to be conveyed, the higher the risks we as a firm are liable to you for. Hence, any conveyance of a residential property with a market value or purchase price of more than $2 million will incur a surcharge of $250.

All rates, charges, expenses, etc. in this document are GST exclusive unless otherwise stated to be inclusive of GST. You will pay us an additional amount on account of any GST which we are liable to pay as a result of any supply we make to you.

 

Scope of Work

The scope of work that we undertake for you is strictly limited to the work involved in a standard residential conveyance. Any additional work that fall outside the scope of a standard residential conveyance will be an additional cost billable to you.

If you want us to undertake any additional work not included within the scope, you must make a request to us in which case we shall decide at our absolute discretion whether to service your request for us to undertake additional work.

If you intend to instruct us to exclude any steps or work that are generally considered usual and necessary in a conveyance, or to save on any costs by not taking a certain action, such as ordering the searches ordinarily required to complete our disclosure on your behalf, you must do so in writing directly to your assigned Lawyer and/or Paralegal. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and waive your right to make any claim against our firm for any costs or loss you may suffer as a direct or indirect result of the exclusions.

The residential conveyance services we will provide for the Fixed Professional Fee are:

  1. drafting, typing, checking and providing you with the first suite of documents (e.g.: First Letter to you, introduction letter to the Buyer’s solicitor) relevant to your sale;
  2. receipt and perusal of the Contract;
  3. meeting with you by phone to take instructions and advising you on relevant matters;
  4. letters to the Real Estate Agent and Solicitor acting for the Buyer to confirm we act on your behalf and to protect your interest in respect of the property;
  5. receive notification from the Buyer’s solicitor in relation to the satisfaction or otherwise of any contract conditions;
  6. correspondence with the Buyer’s Solicitor in relation to this transaction including negotiating extensions of condition due dates, negotiating settlement adjustments and organising settlement;
  7. forwarding all necessary documentation to the Solicitors for the Seller and checking documentation on its return to ensure documents are executed and completed correctly;
  8. provide you with the Transfer documentation for signing and provide same to the Buyer’s solicitor;
  9. liaise with you and your mortgagee to ensure that you and your mortgagee are prepared for Settlement;
  10. preparation of a settlement statement (including adjustments under the contract) and booking  Settlement with any relevant parties to the transaction;
  11. preparing for Settlement on Settlement Date including arranging for a Settlement Agent to attend Settlement;
  12. on your instructions providing advice to the Solicitors for the Buyers to comply with Capital Gains Tax or Goods and Services Tax requirements under the Contract;
  13. sending final correspondence to you confirm that the sale is complete and enclosing a copy of the detailed Settlement Statement, our Tax Invoice and our Trust Account Statement (if applicable), which is an exhaustive list.

If you instruct us to settle the conveyance matter, or if the conveyance matter is required to settle on an Electronic Lodgment Network Operator (ELNO) platform (Electronic Settlement) such as Property Exchange Australia (PEXA), you agree that there will be a fee charged on you by the ELNO platform which is additional to costs quoted by us.

Where Settlement must be a paper-based Settlement for whatever reason paragraphs (g), (h) and (k) will be replaced with the following:

  1. Accepting  a Workspace invitation and inviting the relevant participants to the Workspace;
  2. Preparing or finalise the Transfer on the ELNO platform;
  3. Preparing the adjustments and payment destination line items on the ELNO platform to pay the appropriate parties including the authorities; and
  4. Obtain sign off on the electronic documents and financial information from all parties by Settlement date and time.

You acknowledge that the Conveyancing Fee quoted is a competitive quote in the current market and is tailored on the basis that all communications occur remotely by phone calls, emails and posts. You may attend our physical office only to drop off documentation required for your conveyance matter after making a booking with your Paralegal, so we can ensure that a member of our office can be made available to you. Any personal face to face consultations must be booked in advance and is subject to our staff’s availability and is generally not included in the fixed fee as quoted.

You acknowledge that our office is a firm providing legal services in a transactional basis with intention to complete a conveyance transaction. Our Scope of Work will not include advise work surrounding disputes, enforcement of disputes, termination of an unconditional contract and otherwise dealing with any form of conflict of intentions between the parties to a conveyance transaction.

The fixed fee above does not include the cost for the Title Search and the following costs which if incurred will be passed to you at cost:

  1. Purchase of a Disclosure Statement;
  2. Settlement Agency’s fee where Settlement is outside of Perth’s CBD.

If you instruct or your matter is required to be completed as an Electronic Settlement, an amount equivalent to the Settlement Attendance fee will be charged for Settlement Administration of the ELNO Workspace.

The fees we have quoted are subject to change by the search provider without notice. We do not guarantee that the fees shown will be accurate for the day on which your searches are ordered. You must always pay us the actual costs charged by the search provider and incurred by us.

You authorise us and we reserve our rights to incur additional costs on your behalf where we deem it necessary to complete our professional due diligence to look after your best interest. However, we are obliged to and will disclose any substantial change in circumstances which leads to a substantial increase and/or any additional substantial costs to the Search Package Fee previously disclosed. For the avoidance of doubt, “substantial costs” are deemed to be $200 or more.

 

Scope of work excluded

For the avoidance of doubt, the following work are expressly excluded from our Scope of Work:

  1. work involved in organising additional documents or lodgements to prove your legal entitlement to sell the Property (e.g.: lodging a survivorship application, power of attorney); and
  2. personal face to face consultations with your Lawyer and/or File Owner.

We are a firm practising primarily in property law relevant to residential conveyancing services and will not be able to provide advice or services in the following categories within the Scope of Work: The advice provided within the scope of the residential conveyancing services exclude, in summary, the following categories of advice:

✦Property Valuations; ✦Financial and Taxation advice; ✦Succession and Matrimonial advice; ✦Physical inspection of the property and surroundings; ✦Conducting or arranging building & pest inspections or surveys; ✦Advice on any loan or mortgage; ✦Building Contracts or other related agreements; ✦Building and similar covenants; ✦Town planning advice; ✦Consumer Guarantees; ✦National Rental Affordability Scheme; ✦Eligibility for government grants; ✦Leases, letting or residential tenancies; ✦Caretaking and letting agreements; ✦Shortening or waiving of the Cooling-Off period; ✦Preparation or advice in relation to any matter that in our opinion may result in litigation or court work; ✦Legal advice in relation to any Financial Agreements, Court Orders, Deeds of Family Arrangements provided by you; ✦Self-Managed Superannuation Funds; ✦Your future use of the property; ✦Home warranty insurance; ✦Foreign Investment Review Board requirements; ✦Review of trusts or trust deeds; ✦Advice on the capability of a company or trust to complete a transaction; ✦Advising on insurance contracts or the adequacy of existing insurance policies; ✦Detailed advice on matters involving property which may be unfit for occupation or extensively damaged; ✦Adjustments to utilities bills; ✦Legal advice on the management of a Body Corporate; ✦Advice on deceased estates and estate management; ✦Installment Contracts.

 

Costs payable by you outside of our retainer

The Quote only contain disclosure of the costs for work performed by us and costs that are incurred by us on your behalf incidental to a standard residential conveyance settlement and specifically exclude:

  1. work and/or costs for completing a Verification of Identity Report to verify your identity for the purpose of a conveyance transaction;
  2. work and/or costs for administering your money transferred into our Statutory Trust Account for any purpose;
  3. work and/or costs for physically attending any external parties’ or regulatory bodies’ offices to lodge documentation;
  4. fees payable by you to any financial and/or brokerage firms for financial advice and services;
  5. fees payable by you to any inspectors for reporting on the Property that you are transacting including Building and Pest Inspectors, Strata Inspectors;
  6. fees payable by you to any insurers for providing any form of insurance that you may want to obtain;
  7. fees payable by you to third parties billed and charged directly to you including ELNO charges (e.g.: PEXA Fees);
  8. government charges such as Stamp Duty and Registration Fees payable to the authorities payable on your property dealing.

It is your responsibility to query and satisfy yourself on any costs that you may incur incidental to a property transaction.

 

How Payment Works

Our fee is payable prior to or on the date scheduled for Settlement of the Property.

If your sale Contract is terminated by either party after signing or you terminate this Agreement, the following fees will are payable within 7 days of termination:

  1. $150.00 (inc GST) being the fee charged on completion of our First Suite documents; and
  2. Any enquiry fees incurred during the course of the conveyance.

If substantial work has been done for your matter prior to termination, we reserve the right to charge an amount proportional to the amount of work performed as a part of this retainer as assessed by our legal practitioner.

Our work will commence immediately after receiving instructions from you whether verbally, in writing or by conduct to act for you. A minimum fee of $32 will be payable by you if you provide us with written notice to terminate this agreement regardless of whether professional services have been rendered at the time of receipt of notice.

If you choose not to proceed with your purchase matter but some work has been completed on our part, we are entitled to charge you no less than $110 (inclusive of the $32 disclosed above and GST) to pay for our time in preparing to provide you with our services.

We confirm your agreement to finalise our account at the time of settlement of your property transaction. We have the right to bill you immediately for any costs incurred and paid for by us in the course of your conveyance matter or add the same costs to the next bill as per the above billable events.

If you have been offered a Discount by our Concierge Team for our services, it will only be applied to your Settlement invoice if you proceed to Settlement of the transaction, unless otherwise agreed in writing.

 

Credit Card payment

When providing us with your credit card details, you irrevocably authorise us to charge your credit card for any amount invoiced, due and payable by you on the due date for payment set out in the relevant invoice(s) for any goods or services provided to you as per your instructions. We will only collect and retain your credit card details for the duration of your conveyance matter and will destroy our records of your credit card details once your matter is closed.

If your credit card details provided and retained expires, is cancelled or otherwise unable to be debited by our credit card terminal, you will provide us with alternate credit card details as security for our services, without which we may cease to provide you our legal services until new and valid credit card details are provided.

You may revoke this authority to charge your credit card at any time by notifying us in writing. We reserve the right to require payment by you of an adequate amount to secure our services into our Trust Account prior to commencing or resuming work.

 

Cessation of work 

We reserve the right to cease work for you at any time without further liability incurred with immediate notice and effect should you fail to settle any bills issued and payable by yourself upon request from us regardless of the payment due date, or if you have indicated to us in a way that a reasonable person would become doubtful of your ability to settle our bills.

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our professional fees and costs prior to resuming work for you.

 

Termination of this Agreement

This Agreement may be terminated by you by giving us written notice at any time. If you do so, you will be obliged to pay for such professional fees and other charges for work done to the date of termination or as have been or are billed consequent upon termination and to which we have a right to receive payment. We have the right to retain your file until all fees and costs are paid.

This Agreement may be terminated by us with immediate notice and effect in one or more of the following circumstances:

  1. any Invoices issued and payable by you under this Agreement is not paid by the due date;
  2. you have otherwise breached the terms of our Agreement;
  3. you do not provide us with timely, accurate and proper instructions;
  4. you fail to provide us with adequate identity documents to support your transaction;
  5. you indicate to us that you have lost confidence in us;
  6. you lose legal and/or mental capacity to look after your affairs without providing us with a valid Power of  Attorney prior to your loss of legal and/or mental capacity;
  7. we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf;
  8. we believe on a reasonable basis that fraud or attempted fraud is underfoot in relation to your transaction;
  9. work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract;
  10. you taking action or foreshadow action to be taken or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us;
  11. by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation or similar just cause.
  12. you lose capacity;
  13. work required falls beyond the scope of a standard residential conveyance, including where you seek to terminate an unconditional Contract;
  14. where a Conflict of Interest exists or arises during the course of this Transaction.

Termination by us on any of the above grounds does not prejudice or otherwise affect our entitlement to payments due to us under this Agreement prior to termination.

 

Our work for you

To provide you with the legal services you require, we need you to give us clear and complete instructions (in writing where requested by us). We ask that you provide all relevant facts. Often we need to make assumptions in order to provide advice. It is your responsibility to carefully review any assumptions and let us know immediately if any assumptions are incorrect or inappropriate or if you think we have misunderstood your instructions.

You have the right to ask us for written reports on:

  • the progress of your matter; and
  • the fees and costs to date or since your last bill.

 

Assumptions

The assumptions on which we have based our Fixed Professional Fee and our estimate of the Search Package Fee are:

  1. negotiations with any other parties are not extensive or protracted;
  2. you are responsive to our communications and answer our requests  for information, documentation and/or funds for Settlement
  3. all other parties are responsive to our communications and answer our requests for information, documentation and/or funds for Settlement;
  4. work is not required or requested outside of that which we have advised is conducted under the Fixed Professional Fee; and
  5. no specialist advice will be required in relation to tax (GST or stamp duty) or planning matters.

Our charges for services may exceed the estimate if an assumption is or becomes incorrect. It is your responsibility to inform us if any of the assumptions above is or becomes incorrect. If any assumption is or becomes incorrect and this results in the cost of our work exceeding the fixed fee, we will charge you the amount of the excess.

 

Additional services outside the Fixed Professional Fee

We may provide you with additional services if requested by you. Additional fees may apply for these services as disclosed in the following table unless otherwise negotiated by yourself.

Land Contract Review – Off the Plan property From $399
Land Contract drafting $299

 

Trust Account Cheque Fee $10 each
Banking of cheques $30
Deed of Variation drafting / review $110
Licence Agreement drafting $300
Licence Agreement review $150
Survivorship Application $300
Transmission Application $300
Application to replace lost title $350

 

We reserve our rights to amend our fixed fees quoted above.

It is possible that work required to be conducted on your file may exceed the scope of our standard retainer and further professional fees may be payable for this work which may be required to be quoted on a case by case basis. Such out of scope work can include lengthy delays in settlement of the transaction, protracted negotiations regarding terms or conditions of the file, and difficulties caused by parties to the transaction that result in substantial additional work being required to inform you or protect your interests. In these circumstances we reserve our rights to charge additional fees which are to be quoted to you on a case by case basis and consented to by you before the additional work is conducted.

 

Trust Account details and use

You are not obliged to use our Trust Account for this conveyance matter. However we will advise you in circumstances where use of our Trust Account may be necessary to effect settlement. Should you decide to  use our Trust Account the following requirements MUST be complied with. Should you fail to comply with these requirements, you acknowledge that you will not be insured in the event of loss of fraud and indemnify Conveyancing.com.au Pty Ltd against any claim. You acknowledge that you agree to pay our Trust Account Administration Fee and any associated bank cheque fees if you elect to use our Trust Account.

Requirements:

  1. Please advise your Paralegal or Lawyer you intend to use our Statutory Trust Account;
  2. You will be provided with a link to a password protected webpage giving you clear Instructions for depositing money via email;
  3. You MUST call and speak to your Paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your Paralegal or Lawyer.
  4. You Must provide Evidence of the transfer (i.e. copies of transfer receipts or deposit receipts) to your Paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made.

 

Land Contract Drafting

Ordinarily the Contract is drafted by the Real Estate Agent or the Buyer, however if you choose to sell your property without an Agent or the Buyer does not wish to draft the Contract, we can draft the Contract for you upon request. You must provide us with all the relevant information before we can complete the work. Once instructions are received, we will begin work immediately.

If you contact us to cancel the drafting after instructions are received, we will bill you no less than $110 for cancelling your instructions to us to pay for our time and work performed. Otherwise, the full Contract drafting fee agreed will be payable when the Contract is ready for issue.

 

Bills

You are entitled to negotiate the billing method, to receive a bill from us and to request for an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds.

We may stop work until unpaid bills are paid. We may also charge you interest on any amount unpaid for 30 days or more after we have given you the bill. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia.

We have a lien on all documents, funds and records in any form whatsoever in our possession until payment in full of all our bills for all matters in respect of which you have engaged us. We are entitled to retain for our records, copies of all documents which we give you, whether owned by us or not and to deal with them in accordance with the legislative requirements on confidentiality.

If there is a dispute regarding our costs, you may (in addition to any other rights you may have):

  • seek advice from the local regulatory authority (Law Society of Western Australia);
  • apply for costs to be assessed within 12 months if you are unhappy with our costs;
  • apply for the costs agreement to be set aside.

 

If you suffer loss

Irrespective of the party at fault you agree that you will pay the first three (3) days of any default interest required to be paid as part of your conveyance transaction upfront whether accrued under the Terms of the Contract, as part of a Settlement extension or on Transfer Duty. You may apply to our office to assess the costs incurred after Settlement.

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permitted by law) to $2 million which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee.

However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility.

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one (1) business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three (3) business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us on our hotline and insist on this matter being escalated until your urgent query is resolved immediately. However, we ask that you use this privilege that we offer you with due consideration.

It is your responsibility to diarise all important dates in relation to your conveyance transaction and make yourself contactable or advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day then you indemnify Conveyancing.com.au Pty Ltd from any claim or loss arising as a result of this.

 

Banking

You may instruct us to bank cheques as a part of your conveyance. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking and the receipt and clearance of funds by your financial institution.

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details you will be making the deposit to. If you fail to do this and the funds are, as a result, deposited to a fraudulent source you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit.

We will do our best to contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. If you are unavailable when we endeavour to contact you to verify these details then you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this deposit.

 

Consent to disclose personal information 

Partner Introduction Consent and Fees paid to us or CCA Digital Pty Ltd 

We are obliged to provide you with full and frank disclosure of all information in our knowledge that you should know. We disclose to you that we have entered into agreements with the following third party services providers (our Introducer Partners):

  • First Title (ACN 075 279 908) (AFSL 263876) (First Title);
  • Rapid Building Inspections Pty Ltd (ABN 75 614 843 131) (Rapid);
  • My Local Broker Pty Ltd (ACN 605 003 174) (Local Broker);
  • On the Move Pty Ltd (ABN 71 124 508 845) (On the Move);
  • Royal Automobiles Association of Victoria (RACV) Limited (ACN 004 060 833) (RACV);and
  • ZipID Pty Ltd (ACN 166 644 702) (ZipID).

If you provide your consent, you may be contacted by our Introducer Partners (including by telephone and electronic means) to discuss their relevant professional services that they may offer you. There is no cost to you for the referral that we make and you are not obliged to use any service offered to you by an Introducer Partner.

In order to make the referral, we require your consent to provide the following information to our Introduction Partners:

  • your name;
  • your telephone number;
  • your email address;
  • the type of transaction you have engaged us for; and
  • the details of the property that you have sold, (your personal information).

By signing this Letter of Offer, you agree to the Appointment Terms and Conditions, including the disclosure of your personal information. Please contact us immediately if you do not consent to the disclosure of this information. Other than the personal information listed above, which we require your consent to disclose, and our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person.

The fees that we may receive from our Introducer Partners include:

  • $82.50 from First Title as a processing fee on all policies;
  • $100 from Rapid as a Introducer fee on all introductions made;
  • $100 from Local Broker as a Introducer fee on all introductions made;
  • variable commission for successful connection of electricity, gas and Telco plus $12 per serviceable application from On the Move;
  • $8 from ZipID as an introducer fee on all introductions made;
  • $20 for building insurance, $20 for landlord insurance, $40 for home and contents insurance, and $40 landlord and building insurance from RACV as a referral fee on qualified referrals that we or CCA Digital (our sister company) makes.

You accept that Conveyancing.com.au is not liable for any loss suffered or incurred by you in any way whatsoever should you engage any of these Our Introducer Partners.

Nothing about these referral arrangements change the service that we provide to you. However, we acknowledge, and we wish to inform you, that an arrangement of this nature has the potential to cause a conflict of interest. If we were to place our own interests in receiving a referral fee from an Introducer Partner over your interests as our client, this could potentially cause detriment to you.  Should any conflict of interest actually arise, or should any detriment be caused to you as a result of our relationships with the Introducer Partners, you have the right to terminate this Agreement allowing you to choose an alternate solicitor firm who does not have the same conflict in the duty of loyalty to you. You have the right to seek independent legal advice about these referrals and about any perceived conflict of interest.

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner.

Partners referring you to us for our services

You may have been referred to us by another professional in the property transacting industry, such as your Real Estate Agent, RACV or CCA Digital Pty Ltd (our Business Partners).

In addition, as part of our agreements with our Business Partners, we have agreed to provide them with certain information relating to the progress of the settlement of your property. We will provide updates to our Business Partners on various milestones of your transaction, including for example:

  • type of transaction that you have engaged us to act for you in;
  • completion of various searches;
  • completion of various contract exchange milestones;
  • updates on financing and payment, such as the payment of the deposit;
  • completion of any pre-settlement inspections;
  • status of the settlement booking; and
  • completion of settlement.

By accepting this engagement Letter of Offer, you agree to the Appointment Terms and Conditions, including the disclosure of the above information to our Business Partner who referred you to us. Please contact us immediately if you do not consent to the disclosure of this information. Other than the personal information listed above, and disclosure as set out in our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person.

Just because you may have been referred to us by our Business Partner, you are not obliged to engage us to complete the conveyancing and legal work for the sale of your property. You are not obliged to accept the Appointment Terms and Conditions and you may engage another conveyancer or legal practitioner.

Regardless of our relationships with our Business Partners, our duties to you as our client are paramount and take priority to any obligations under the agreements we have with our Business Partners. Nothing about these referral arrangements change the service that we provide to you. However, we acknowledge, and we wish to inform you, that an arrangement of this nature has the potential to cause a conflict of interest. If we were to place our own business interests over your interests as our client, this may result in at least a perception of a conflict of interest.  Should any conflict of interest arise, or should any detriment be caused to you as a result of our relationships with our Business Partners, you  have the right to terminate this Agreement allowing you to choose an alternate solicitor firm who does not have the same conflict in the duty of loyalty to you. You have the right to seek independent legal advice about this referral arrangement and about any conflict of interest.

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner.

Review platforms

We may provide your personal information (your first name, last name and email address) to third party review platforms in order for them to email you requesting you to leave a review of your experience with Conveyancing.com.au on their platform.

By signing this Letter of Offer, you agree to the disclosure of your personal information to customer review platforms including but not limited to Trustpilot. Please contact us immediately if you do not consent to the disclosure of this information.

Other than as stated in these Appointment Terms, we will not disclose or act in any way which would disclose your personal information to any other person.

 

Privacy Policy 

Conveyancing.com.au and its Introducer Partners and Business Partners willingly abide by the Privacy Act 1988.

 

Confidentiality 

Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter or as required by law, including:

  • to third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc.;
  • to our professional advisers and insurers;
  • the State Revenue Office, the ELNO, the Land Use Victoria; and
  • the Partner Introduction Consent and Business Partner Consent (referred to above) if authorised by you.

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations.

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other related companies such as Think Support Services, Inc.. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and the related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia.

 

Complaints

We endeavour to provide you with the best possible service during your transaction. If, however, you have any queries or concerns that you believe require escalation then you should do the following:

  1. Put your request in writing to your Paralegal detailing your queries or concerns. We will endeavour to provide you with a response within two (2) to five (5) business days of your correspondence;
  2. If you are still not satisfied with our response you can escalate your concerns to our Customer Resolution Manager by emailing at feedback@conveyancing.com.au or calling 03 8588 7791;
  3. If you want to provide feedback you can do so by submitting feedback at the following link: https://www.conveyancing.com.au/matter-experience

You agree that you will not publicise your queries or concerns with the quality of our service on any social media sites until after you have provided your feedback to us by at least two of the above means and we have not responded to your queries or concerns within two (2) to five (5) business days as the minimum timeframe allowed. If you fail to comply with this term, you must immediately remove your publication upon request from us. If you refuse to comply with our request and your claims are ultimately proven to be false, we reserve the right to claim any losses suffered as a result of your actions.

 

Email

Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage if this occurs.

 

Post

We are reliant heavily on Australia Post to deliver our documents to you or from you to us during the course of the property transaction. While we do our best to control incoming and outgoing mails in our various offices, we cannot be responsibility for lost post or parcels sent from or to our office once it has left our possession. Hence, to the extent permitted by law, we are not liable for any loss or damage if post or parcels are lost in transit.

 

Your records

You agree that Conveyancing.com.au will, upon closing your file, retain any papers to which you are entitled to and leave them in our possession (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years.

Once your matters are closed and archived, you may request us to provide you with a copy of documents, correspondences or information from your archived matter within the storage period. . We are entitled to charge a $35 File Retrieval Fee which will be invoiced and you must pay for at the same time that these documents, correspondences or information are provided to you.

 

Novation

If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you give us a written direction to the contrary in relation to the conduct of your file, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us.

 

Definition

Contract means the offer and acceptance contract for the purchase or sale of real estate in WesternAustralia
Quote means the estimate of your full conveyance fee payable by you for our services
Fixed Professional Fee means the fee charged by us for our professional knowledge, time and effort spent on your conveyance matter
Land Contract drafting means the professional service of drafting a standard REIWA Contract for the sale of your property which is usually not required if you are selling through a Real Estate Agency
Disclosure Statement means  the  document  by  the  Body  Corporate  disclosing  information  associated  with  the management of the Community Title Scheme
First Letter means the first letter we provided to you as a part of the conveyance matter after receiving a signed Contract containing advice on the conveyance process
Settlement means  the  event  that  occurs  to  confirm  completion  of  the  property  sale  and  purchase transaction in accordance with the Contract

 

Relevant law

You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with our Agreement) are governed by federal and state laws. For the avoidance of doubt, the applicable state law applied to this Agreement is the state in which the property being transacted by you forms a part of.

 

Form 1   

Legal Profession Act 2007 (s 260(1)) 

FORM OF DISCLOSURE OF COSTS TO CLIENTS   

Legal Costs – your right to know   

You have the right to:   

  • negotiate a costs agreement with us   
  • receive a bill of costs from us   
  • request anitemisedbill of costs after you receive a lump sum bill from us   
  • request written reports about the progress of your matter and the costs incurred in your matter   
  • apply for costs to be assessed within 12 months if you are unhappy with our costs   
  • apply for the costs agreement to be set aside   
  • accept or reject any offer we make for an interstate costs law to apply to your matter   
  • notify us that you require an interstate costs law to apply for your matter.   

For more information about your rights, please read the fact sheet titled Legal Costs – your right to know. You can ask us for a copy, or obtain it from your local law society or law institute (or download it from their website). 

Tasmania

Appointment Terms and Conditions 

Tasmanian Seller 

 

Our Agreement 

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387, being an incorporated legal practice able to provide legal services in all jurisdictions of Australia. 

Our Agreement may be evidenced by our Quote, the Letter of offer, this Appointment Terms and Conditions which are the general appointment terms and conditions on which we provide legal services and/or our Engagement Letter signed by you. You have the right to negotiate any part of this Agreement with us.  

Where there is conflict between our Quote, the Letter of Offer this Appointment Terms and Conditions and our Engagement Letter, our agreement will be interpreted in the following descending order: 

  1. these Appointment Terms and Conditions; then
  2. the Letter of Offer; then
  3. our Quote.

Our Quote may be provided to you verbally or in writing. If there is conflict or disagreement between you and us on the quote provided, our written quote will take precedence unless otherwise negotiated by you. 

If there is more than one client, by accepting this Appointment Terms and Conditions you are agreeing that we may consider instructions received by one or any client as authorised instructions given on behalf of each client and every client. 

 

Acceptance of our Terms and Conditions 

These Appointment Terms and Conditions are deemed to be accepted by you if you continue to provide us with instructions to proceed to act for you whether verbally or by conduct, which includes but is not limited to: 

  1. confirming our retainer by email, text message, or verbal instructions over the phone;
  2. providing us with a fully signed Contract; or
  3. providing us with sufficient information to draft your sale contract.

Once a signed copy of the Letter of Offer is received or you have taken the steps outlined above, we will open a file for your matter and you will be allocated a Lawyer and/or Paralegal to assist you throughout the conveyancing transaction. You may also be provided with our State Practice Manager’s details to discuss any concerns (e.g.: legal costs, service delivery, et cetera). 

Acceptance of the terms of our Agreement by you is deemed acceptance by any other persons related to you to whom we provide the same legal services to unless expressly objected to by this other person or persons. 

 

Commencement of our Retainer 

  1. Our retainer does not commence until you receive a notification from our office advising that a matter has been created and you have been allocated a Paralegal or Lawyer. 
  2. You are responsible for providing your assigned Paralegal and/or Lawyer with any special requests and instructions beyond the standard scope of conveyance work as listed in the Scope of Work below. 
  3. Any discussions, negotiations, instructions, documents shared between you and our office (in particular our Front of House and Concierge team) cannot be relied upon and does not constitute formal advice. 
  4. Only your lawyer can provide you with advice.

 

Our professional relationship 

In each matter in which we act for you, we act as your independent legal adviser solely in your interests unless you agree that we can act for another party as well. 

By entering into this agreement you agree that Conveyancing.com.au is permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or for both parties in a transaction (Conflict Matters) provided Conveyancing.com.au clearly advises that it will be acting in such a matter prior to commencing work and you do not promptly object.   

Measures are in place to protect all parties confidential information where a conflict of interest may arise and Conveyancing.com.au will consider each matter on a case by case basis before commencing to act in a Conflict Matter.  

We reserve our rights to refuse to act for another party to this transaction or a Conflict Matter at any point in time. 

 

Conveyancing Fees 

Our fees are billed in two parts: 

  1. the Fixed Professional Fee for our professional services; and
  2. the Search Package Fee.

You acknowledge that the standard general timeframe for Settlement is 30 days from receipt of a signed Contract of Sale, if you require Settlement to occur in a shorter time frame, the following surcharge will apply: 

  1. $75 for a Settlement in 21 days or less; or
  2. $120 for a Settlement in 14 days or less.

You acknowledge that the more valuable or expensive the market value or purchase price of the real property to be conveyed, the higher the risks we as a firm are liable to you for. Hence, any conveyance of a residential property with a market value or purchase price of more than $2 million will incur a surcharge of $250. 

All rates, charges, expenses, etc. in this document are GST exclusive unless otherwise stated to be inclusive of GST. You will pay us an additional amount on account of any GST which we are liable to pay as a result of any supply we make to you. 

 

Scope of Work 

The scope of work that we undertake for you is strictly limited to the work involved in a standard residential conveyance. Any additional work that falls outside the scope of a standard residential conveyance will be an additional cost billable to you. 

If you want us to undertake any additional work not included within the scope, you must make a request to us in which case we shall decide at our absolute discretion whether to service your request for us to undertake additional work. 

If you intend to instruct us to exclude any steps or work that are generally considered usual and necessary in a conveyance, or to save on any costs by not taking a certain action, such as ordering the searches ordinarily required to complete our disclosure on your behalf, you must do so in writing directly to your assigned Lawyer and/or Paralegal. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and waive your right to make any claim against our practice for any costs or loss you may suffer as a direct or indirect result of the exclusions. 

The residential conveyance service we will provide for the Fixed Professional Fee comprises: 

  1. Peruse the signed Contract of Sale to prepare and provide you with written advice in relation to its conditions and your obligations upon request; 
  2. Draft and provide you with our First Suite documents to sign (e.g. Engagement Letter and Trust Account Authority); 
  3. Follow up on and receiving notification from the Buyer’s representative in relation to the satisfaction or otherwise of the contract conditions; 
  4. Preparation of a Vendor Transaction Certificate; 
  5. Forward the Transfer documents to you to be signed and returned and upon receipt by us confirming that they have been correctly signed and witnessed; 
  6. Liaising with you and/or your financier to arrange for the discharge of your mortgage at Settlement, if relevant, or arrange for the original Certificate of Title to be made available by you if there is no mortgagee on Title; 
  7. Respond to any requisitions that the Purchaser may have about the Property; 
  8. Draft Statement of Adjustments and Settlement Statement and forwarding same to the Buyer and agree to figures prior to Settlement; 
  9. Book settlement with the relevant parties; 
  10. Complete Settlement preparation steps prior to Settlement such as providing your cheque directions to the Purchaser and checking the payout figure from your financier, if relevant; 
  11. Arranging for a Settlement Agent to attend Settlement, the cost of which is quoted in the Search Package Fee. 
  12. Notify authorities of your sale of the Property; 
  13. Send post settlement letter to you together with a copy of the Settlement Statement, our tax invoice and Trust Account Statement (if applicable). 

You acknowledge that the Conveyancing Fee quoted is a competitive quote in the current market and is tailored on the basis that all communications occur remotely by phone calls, emails and posts. You may attend our physical office only to drop off documentation required for your conveyance matter after making a booking with your Paralegal, so we can ensure that a member of our office can be made available to you. Any personal face-to-face consultations must be booked in advance and are subject to our staff’s availability and is generally not included in the fixed fee as quoted. 

You acknowledge that our practice provides legal services in a transactional basis with the intention to complete a conveyance transaction. Our Scope of Work will not include advice work surrounding disputes, enforcement of disputes, termination of an unconditional contract and otherwise dealing with any form of conflict of intentions between the parties to a conveyance transaction. 

 

Scope of work excluded 

For the avoidance of doubt, the following work is expressly excluded from our Scope of Work: 

  1. work involved in organising additional documents or lodgments to prove your legal entitlement to sell the property (e.g.: lodging a survivorship application, power of attorney); 
  2. work involved in removing any encumbrances registered on your Title outside of a standard mortgage required to complete your Contract of Sale; and
  3. personal face-to-face consultations with your Lawyer and/or Paralegal.

We are practice primarily advising on property law relevant to residential conveyancing and will not be able to provide advice or services in the following categories: 

✦Property Valuations; ✦Financial and Taxation advice; ✦Succession and Matrimonial advice; ✦Physical inspection of the property and surroundings; ✦Conducting or arranging building & pest inspections or surveys; ✦Advice on any loan or mortgage; ✦Building and similar covenants; ✦Town planning advice; ✦Consumer Guarantees; ✦National Rental Affordability Scheme; ✦Eligibility for government grants; ✦Leases, letting or residential tenancies; ✦Caretaking and letting agreements; ✦Preparation or advice in relation to any matter that in our opinion may result in litigation or court work; ✦Legal advice in relation to any Financial Agreements, Court Orders, Deeds of Family Arrangements provided by you; ✦Self-Managed Superannuation Funds; ✦Your future use of the property; ✦Home warranty insurance; ✦Foreign Investment Review Board requirements; ✦Review of trusts or trust deeds; ✦Advice on the capability of a company or trust to complete a transaction; ✦Advising on insurance contracts or the adequacy of existing insurance policies; ✦Detailed advice on matters involving property which may be unfit for occupation or extensively damaged; ✦Adjustments to utilities bills; ✦Legal advice on the management of a Body Corporate; ✦Advice on deceased estates and estate management; ✦Terms Contracts. 

 

Search Package Fee 

Our Search Package Fee estimate includes the following: 

  1. Property searches including one Title Search, Registered Plan, Land Information Certificate and SRO Land Tax Certificate.
  2. Costs associated with postage and opening a matter.

The Search Package Fee contained in the Quote is always an estimate, made based on the following assumptions: 

  1. property searches including one Title Search, Registered Plan, Land Information Certificate and SRO Land Tax Certificate.
  2. the property to be transacted is governed by the City of Hobart. The Search Package Fee may be more for properties located in other areas.
  3. the property to be transacted is standard. Additional searches to complete disclosure statements are not included and may be recommended based on your personal circumstances assessed on a case by case basis.
  4. Settlement location will take place in Hobart or a location where settlement agents fees are comparable. Any additional costs for the same will be passed on to you.
  5. Settlement Agent fees for Hobart CBD. Settlements in regional areas may incur additional costs for Settlement Agents.

The search fees we have quoted are subject to change by the search provider without notice. We do not guarantee that the fees shown will be accurate for the day on which your searches are ordered. You must always pay us a price inclusive of the actual costs charged by the search provider and incurred by us. 

You authorise us and we reserve our rights to incur additional costs on your behalf where we deem it necessary to complete our professional due diligence to look after your best interests. However, we are obliged to and will disclose any substantial change in circumstances which leads to a substantial increase and/or any additional substantial costs to the Search Package Fee previously disclosed. For the avoidance of doubt, “substantial costs” are deemed to be $200 or more. 

 

Costs payable by you outside of our retainer 

The Quote only contains disclosure of the costs for work performed by us and costs that are incurred by us on your behalf incidental to a standard residential conveyance settlement, and specifically exclude: 

  1. work and/or costs for completing a Verification of Identity Report to verify your identity for the purpose of a conveyance transaction;
  2. work and/or costs for administering your money transferred into our Statutory Trust Account for any purpose;
  3. work and/or costs for physically attending any external parties’ or regulatory bodies’ offices to lodge documentation;
  4. fees payable by you to any financial and/or brokerage firms for financial advice and services;
  5. fees payable by you to any inspectors for reporting on the Property that you are transacting including Building and Pest Inspectors, Strata Inspectors;
  6. fees payable by you to any insurers for providing any form of insurance that you may want to obtain;
  7. fees payable by you to third parties billed and charged directly to you including; and 
  8. government charges such as Stamp Duty and Registration Fees payable to the authorities payable on your property dealing.

It is your responsibility to query and satisfy yourself on or about any further, other or additional costs that you may incur incidental to a property transaction. 

 

Additional services outside the Scope of Works 

If you require us to perform work outside of the Scope of Work, we reserve the right to quote this work subject to your specific needs. 

The additional services we may provide to you upon request and the estimated fee includes: 

Land Contract Drafting 

$300 

Trust Account Administration Fee 

$20 

Trust Account Cheque Fee 

$10 each 

Banking / Collection of cheques 

$30 

Deed of Rescission / Variation drafting 

$300 

Deed of Rescission / Variation review 

$150 

Licence Agreement drafting 

$300 

Licence Agreement review 

$150 

General Power of Attorney drafting 

$150 

 

We reserve our rights to amend our fixed fees for additional works quoted above. 

 

How Payment Works 

In a transaction that goes through to Settlement our fees are payable in two stages (billable events): 

  1. $300.00 (inc GST) is payable on completion of our First Suite documents if you provide us with a fully signed Contract for conveyance; and
  2. the balance on the date scheduled for Settlement of the Property, if Settlement occurs.

Once instructions are received, we will begin work immediately. If you contact us to cancel the drafting after instructions are received and work has been performed on your matter pending finalisation, we will bill you no less than $110 together with any Search Package Fees incurred for cancelling your instructions to us to pay for our time and work performed up until your instructions are cancelled. Otherwise, the full Contract drafting fee outlined above will be payable when the Contract is ready for issue.  . In the event we do not receive a formal notice of termination from you, a minimum amount of $110 will be invoiced and payable no later than 150 days from the date of these Appointment terms. 

If your Contract of Sale proceeded to signing but is terminated by either party after signing, the higher of: 

  1. $110.00 (including GST); or
  2. an amount proportional to the amount of work performed as a part of this retainer as assessed by our legal practitioner,

is payable by upon service of the notice to terminate. This fee is independent of any other fees charged and payable under this cost agreement, including but not limited to the Search. 

We have the right to bill you immediately for any costs incurred and paid for by us in the course of your conveyance matter or add the same costs to the next bill as per the above billable events. 

If you have been offered a Discount by our Concierge Team for our services, it will only be applied to your Settlement invoice if you proceed to Settlement of the transaction, unless otherwise agreed in writing. 

 

Credit Card payment 

When providing us with your credit card details, you irrevocably authorise us to charge your credit card for any amount invoiced, due and payable by you by the due date for payment for any goods or services provided to you as per your instructions. We will only collect and retain your credit card details for the duration of your conveyance matter and will destroy our records of your credit card details once your file is closed. 

If your credit card details provided and retained expires, is cancelled or otherwise unable to be debited by our credit card terminal, you will provide us with alternate credit card details as security for our services, without which we may cease to provide you our legal services until new and valid credit card details are provided. 

You may revoke this authority to charge your credit card at any time by notifying us in writing. We reserve the right to require payment by you of an adequate amount into our Trust Account to secure our services prior to commencing or resuming work. 

 

Cessation of work  

We reserve the right to immediately cease work for you at any time without further liability should have outstanding bills that have been issued and remain unpaid after the due date, or if you have provided any information to us based upon which a reasonable person would become doubtful of your ability to settle our bills. 

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our professional fees and costs prior to resuming work for you. 

 

Termination of this Agreement 

This Agreement may be terminated by you by written notice to us at any time. If you do so, you will be obliged to pay for such professional fees and other charges as have been or are billed consequent upon termination and to which we have a right to receive payment. 

Our work will commence immediately after receiving instructions from you whether verbally, in writing or by conduct to act for you. A minimum fee of $32 will be payable by you if you provide us with written notice to terminate this agreement and no professional services have yet been rendered at the time of receipt of notice. 

This Agreement may also be terminated by us by giving you reasonable notice in one or more of the following circumstances: 

  1. any Invoices issued and payable by you under this Agreement is not paid by the due date;
  2. you have otherwise breached the terms of this  Agreement;
  3. you do not provide us with timely, accurate and proper instructions;
  4. you fail to provide us with adequate identity documents to support your transaction;
  5. you indicate to us that you have lost confidence in us;
  6. you lose legal and/or mental capacity to look after your affairs without providing us with a valid Power of Attorney prior to your loss of legal and/or mental capacity;
  7. we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf;
  8. we believe on a reasonable basis that fraud or attempted fraud is underfoot in relation to your transaction;
  9. work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract;
  10. you taking action or foreshadow action to be taken or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us; or
  11. by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation or similar just cause.

Termination by us on any of the above grounds does not prejudice or otherwise affect our entitlement to payments due to us under this Agreement prior to termination. 

 

Our work for you 

To provide you with the legal services you require, we need you to give us clear and complete instructions (and in writing where requested by us). We ask that you provide all relevant facts. Often we need to make assumptions in order to provide advice. It is your responsibility to carefully review any assumptions and let us know immediately if any assumptions are incorrect or inappropriate or if you think we have misunderstood your instructions. 

You have the right to ask us for written reports on: 

  • the progress of your matter; and
  • the fees and costs to date or since your last bill.

 

Assumptions 

The assumptions on which we have based our Fixed Professional Fee and our estimate of the Search Package Fee are: 

  1. negotiations with the other party are not extensive or protracted; 
  2. you are responsive to our communications and answer our requests for information, documentation and/or funds for Settlement
  3. all other parties are responsive to our communications and answer our requests for information, documentation and/or funds for Settlement;
  4. work is not required outside of that which we have advised is conducted under the Fixed Professional Fee; and
  5. no specialist advice will be required in relation to tax (GST or stamp duty) or planning matters.

Our charges for services may exceed the estimate if an assumption is or becomes incorrect.  It is your responsibility to inform us if any of the assumptions above is or becomes incorrect. If any assumption is or becomes incorrect and this results in the cost of our work exceeding the fixed fee, we will charge you the amount of the excess.  

 

Trust Account details and use 

You are not obliged to use our Trust Account for this conveyance matter. Should you decide to  use our Trust Account the following requirements MUST be complied with. Should you fail to comply with these requirements, you acknowledge that you will not be insured in the event of loss of fraud and indemnify Conveyancing.com.au Pty Ltd against any claim.  You acknowledge that you agree to pay our Trust Account Administration Fee and any associated bank cheque fees if you elect to use our Trust Account. 

Requirements

  1. Please advise your Paralegal or Lawyer you intend to use our Statutory Trust Account;
  2. You will be provided with a link via email to a password protected webpage giving you clear instructions for depositing money;
  3. You MUST call and speak to your Paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your Paralegal or Lawyer.
  4. You Must provide Evidence of the transfer to your Paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made.

 

Land Contract Drafting 

Ordinarily the Contract is drafted by the Real Estate Agent, however if you choose to sell your property without an Agent, we can draft the Contract for you upon request. You must provide us with all the relevant information before we can complete the work. Once instructions are received, we will begin work immediately. 

If you contact us to cancel the drafting after instructions are received, we will bill you no less than $110 for cancelling your instructions to us to pay for our time and work performed. Otherwise, the full Contract drafting fee agreed will be payable when the Contract is ready for issue. 

 

Bills 

You are entitled to negotiate the billing method, to receive a bill from us and to request an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds. 

We may stop work until unpaid bills are paid. We may also charge you interest on any amount unpaid for 30 days or more after we have given you the bill. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia. 

We have a lien on all documents, funds and records in any form whatsoever in our possession until payment in full of all our bills for all matters in respect of which you have engaged us. We are entitled to retain for our records, copies of all documents which we give you, whether owned by us or not and to deal with them in accordance with all applicable law relating to confidentiality. 

If there is a dispute regarding our costs, you may (in addition to any other rights you may have): 

  • seek advice from the local regulatory authority (The Law Society of Tasmania);
  • apply for costs to be assessed within 12 months if you are unhappy with our costs;
  • apply for the costs agreement to be set aside.

 

If you suffer loss 

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permissible by law) to $2 million, which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee.  

However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility. 

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us on our hotline and insist on this matter being escalated until your urgent query is resolved immediately. However, we ask that you use this service that we offer you with due consideration. 

It is your responsibility to diarise all important dates in relation to your conveyance transaction and make yourself contactable or advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day then you indemnify Conveyancing.com.au Pty Ltd from any claim or loss arising as a result of this. 

 

Banking 

You may instruct us to bank cheques as a part of your conveyance. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking. 

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details you will be making the deposit to. If you fail to do this and the funds are, as a result, deposited to a fraudulent source, you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit. 

We will do our best to contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. If you are unavailable when we endeavour to contact you to verify these details then you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this deposit. 

 

Partner Introduction Consent and Fees paid to Conveyancing.com.au or CCA Digital Pty Ltd  

We are obliged to provide you with full and frank disclosure of all information in our knowledge that you should know. We disclose to you that we have entered into agreements with the following third party services providers (our Introducer Partners): 

  • First Title (ACN 075 279 908) (AFSL 263876) (First Title);
  • RapidBuilding Inspections Pty Ltd (ABN 75 614 843 131) (Rapid); 
  • My Local Broker Pty Ltd (ACN 605 003 174) (Local Broker);
  • On the Move Pty Ltd (ABN 71 124 508 845) (On the Move); 
  • RoyalAutomobiles Association of Victoria (RACV) Limited (ACN 004 060 833) (RACV); and  
  • ZipIDPty Ltd (ACN 166 644 702) (ZipID).  

If you provide your consent, you may be contacted by our Introducer Partners (including by telephone and electronic means) to discuss their relevant professional services that they may offer you. There is no cost to you for the referral that we make and you are not obliged to use any service offered to you by an Introducer Partner.  

In order to make the referral, we require your consent to provide some or all the following information to our Introduction Partners: 

  • your name;
  • your telephone number;
  • your email address; 
  • the type of transaction you have engaged us for; and 
  • the details of the property that you have sold, (your personal information).  

By signing this Letter of Offer, you agree to the Appointment Terms and Conditions, including the disclosure of your personal information. Please contact us immediately if you do not consent to the disclosure of this information. Other than the personal information listed above, which we require your consent to disclose, and our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person..  

Following our referral, if you engage one or more of our Introducer Partners to provide you with professional services, we will receive the following fees from the relevant Introducer Partner: 

  • $82.50 from First Title as a processing fee on all title insurance policies;
  • $100 from Rapid as a referral fee on all referrals that we make;
  • $100 from Local Broker as an introducer fee on all introductions made;
  • variable commission for successful connection of electricity, gas and Telco plus $12 per serviceable application from On the Move;
  • $8 from ZipID as an introducer fee on all introductions made;
  • $20 for building insurance, $20 for landlord insurance, $40 for home and contents insurance, and $40 landlord and building insurance from RACV as a referral fee on qualified referrals that we or CCA Digital (our sister company) makes.

You accept that Conveyancing.com.au is not liable for any loss suffered or incurred by you in any way whatsoever should you engage any of these Introducer Partners.   

Our duties to you as our client are paramount and take priority over our relationship with our Introducer Partners. Nothing about these referral arrangements change the service that we provide to you. However, we acknowledge, and we wish to inform you, that an arrangement of this nature has the potential to cause a conflict of interest. If we were to place our own interests in receiving a referral fee from an Introducer Partner over your interests as our client, this could potentially cause detriment to you.  Should any conflict of interest actually arise, or should any detriment be caused to you as a result of our relationships with the Introducer Partners, you have the right to terminate this Agreement allowing you to choose an alternate solicitor firm who does not have the same conflict in the duty of loyalty to you. You have the right to seek independent legal advice about these referrals and about any perceived conflict of interest. 

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner. 

Partners referring you to us for our services 

You may have been referred to us by another professional in the property transacting industry, such as your Real Estate Agent, RACV or CCA Digital Pty Ltd (our Business Partners). If this has occurred, we may pay that Business Partner one or more of the referral fees detailed in Schedule 1 to this letter.  

We will not seek to recover any of these fees from you. 

By signing this engagement Letter of Offer, you confirm your consent to the payment of referral fees by us to our Business Partners. Please contact us immediately if you do not consent to these payments.  

In addition, as part of our agreements with our Business Partners, we have agreed to provide them with certain information relating to the progress of the settlement of your property. We will provide updates to our Business Partners on various milestones of your transaction, including for example: 

  • type of transaction that you have engaged us to act for you in;
  • completion of various searches; 
  • completion of various contract exchange milestones; 
  • updates on financing and payment, such as the payment of the deposit; 
  • completion of any pre-settlement inspections;
  • status of the settlement booking; and
  • completion of settlement. 

By accepting this engagement Letter of Offer, you agree to the Appointment Terms and Conditions, including the disclosure of the above information to our Business Partner who referred you to us. Please contact us immediately if you do not consent to the disclosure of this information. Other than the personal information listed above, which we seek your consent to disclose, and disclosure as set out in our Privacy Policy (a copy of which is available on our website), we will not disclose or act in any way which would disclose your personal information to any other person..  

Just because you may have been referred to us by our Business Partner, you are not obliged to engage us to complete the conveyancing and legal work for the sale of your property. You are not obliged to accept the Appointment Terms and Conditions and you may engage another conveyancer or legal practitioner.  

Regardless of our relationships with our Business Partners, our duties to you as our client are paramount and take priority to any obligations under the agreements we have with our Business Partners. Nothing about these referral arrangements change the service that we provide to you. However, we acknowledge, and we wish to inform you, that an arrangement of this nature has the potential to cause a conflict of interest. If we were to place our own business interests over your interests as our client, this may result in at least a perception of a conflict of interest.  Should any conflict of interest arise, or should any detriment be caused to you as a result of our relationships with our Business Partners, you  have the right to terminate this Agreement allowing you to choose an alternate solicitor firm who does not have the same conflict in the duty of loyalty to you. You have the right to seek independent legal advice about this referral arrangement and about any conflict of interest. 

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner. 

 

Privacy Policy  

Conveyancing.com.au and its Referral Partners and Business Partners willingly abide by the Privacy Act 1988. 

 

Confidentiality  

Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter or as required by law, including: 

  • to third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc.;
  • to our professional advisers and insurers; and
  • the Partner Introduction Consent and Business Partner Consent (referred to above) if authorised by you.

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations. 

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other subsidiary companies such as Think Support Services Inc. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia. 

 

Complaints 

We endeavour to provide you with the best possible service during your transaction. If, however you have any queries or concerns that you believe require escalation then you should do the following: 

  1. Put your request in writing to your Paralegal detailing your queries or concerns. We will endeavour to provide you with a response within two (2) to five (5) business days of your correspondence;
  2. If you are still not satisfied with our response you can escalate your concerns to our Customer Resolution Manager, by emailing your feedback to feedback@conveyancing.com.auor calling 03 8588 7791. 
  3. If you want to provide feedback you can do so by submitting feedback at the following link: https://www.conveyancing.com.au/matter-experience 

You agree that you will not publicise your queries or concerns with the quality of our service on any social media sites until after you have provided your feedback to us by at least two of the above means and we have not responded to your queries or concerns within two (2) to five (5) business days as the minimum timeframe allowed. If you fail to comply with this term, you must immediately remove your publication upon request from us. If you refuse to comply with our request and your claims are ultimately proven to be false, we reserve the right to claim any losses suffered as a result of your actions. 

 

Email 

Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage if this occurs. 

 

Post 

We are reliant heavily on Australia Post to deliver our documents to you or from you to us during the course of the property transaction. While we do our best to control incoming and outgoing mails in our various offices, we cannot be responsible for lost post or parcels sent from or to our office once it has left our possession. Hence, to the extent permitted by law, we are not liable for any loss or damage if post or parcels are lost in transit. 

 

Your records

You agree that Conveyancing.com.au will, upon closing your file, retain any papers to which you are entitled to and leave them in our possession (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years. 

Once your matters are closed and archived, you may request us to provide you with a copy of documents, correspondences or information from your archived matter. We are entitled to charge a $35 File Retrieval Fee which will be invoiced and you must pay for at the same time that these documents, correspondences or information are provided to you. 

 

Novation 

If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you give us a written direction to the contrary in relation to the conduct of your file, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us. 

 

Definition

Contract means the offer and acceptance contract for the purchase or sale of real estate in WesternAustralia
Quote means the estimate of your full conveyance fee payable by you for our services
Fixed Professional Fee means the fee charged by us for our professional knowledge, time and effort spent on your conveyance matter
Land Contract drafting means the professional service of drafting a standard REIWA Contract for the sale of your property which is usually not required if you are selling through a Real Estate Agency
Disclosure Statement means  the  document  by  the  Body  Corporate  disclosing  information  associated  with  the management of the Community Title Scheme
First Letter means the first letter we provided to you as a part of the conveyance matter after receiving a signed Contract containing advice on the conveyance process
Settlement means  the  event  that  occurs  to  confirm  completion  of  the  property  sale  and  purchase transaction in accordance with the Contract

 

Relevant law

You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with our Agreement) are governed by federal and state laws. For the avoidance of doubt, the applicable state law applied to this Agreement is the state in which the property being transacted by you forms a part of.

 

SCHEDULE 1 

Some or all of the following benefits may be offered: 

Corporate Offices of Real Estate Agency Groups 

  • One off sponsorship fee (the amount varies by group) 
  • Up to $1,000 per annual for each individual real estate agency in the group that enters into an individual sponsorship agreement and that meet various other criteria 
  • A volume fee on achieving aggregate conveyancing transactions through the conveyancing.com.au application (App) 

Volume of transactions 

Volume Fee for achievement of each volume of transactions (up to these amounts) 

1,000 

$20,000 

2,000 

$30,000 

3,000 

$40,000 

4,000 

$50,000 

5,000 

$60,000 

Every 500 transactions over 5,000  

$20,000 

 

Individual Real Estate Agencies Sponsorship Agreements 

  • A fixed sum (the amount varies per agency) to real estate agencies as a sponsorship fee  
  • A fixed sum (the amount varies by agency) to a real estate agency upon the agency introducing through the App 50 conveyancing transactions that go through to a successful settlement  
  • Free continual professional develop training for real estate professionals using the App 
  • Entertainment and prize pool incentives, subject to the discretion of CCA Digital Pty Ltd (which is a sister company to Conveyancing.com.au Pty Ltd) 
  • Joint marketing initiatives 
  • An App support hotline available seven days a week