Conveyancing

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Fair Use Policy

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What is conveyancing ?

Conveyancing is the legal work required, after a contract has been signed, to carry out the transfer of the property described in the contract.

What is included ?

Receiving the contract.
Attending on the due date for conditions to obtaining or receiving advice as to those conditions.
Conducting conveyancing property enquiries with State Government and Local Council (a title search on a sale, and other searches as selected by you for a purchase).
Considering and (if required) reporting on enquiry results.
Arranging transfer papers.
Making contact with lenders whose mortgages are to be released (or obtaining title documents in the event there are no lenders), calculating settlement adjustments for rates and water (and body corporate levies if applicable).
Agreeing adjustments with the representatives for the other parties, attending settlement.
Arranging deposits of money as per client's instructions.

What does the 'fair use' policy exclude ?

We believe it is not 'fair use' of a conveyancing lawyer, to ask them to solve marital problems, or obtain probate or other Court orders, or solve neighbour or boundary disputes, or solve disputes with suppliers or other third parties, or enter into litigation or solve disputes that arise with the other party to the contract (eg disputes about the property, its condition, etc).
We believe it is not 'fair use' of a conveyancing lawyer, to expect them to take responsibility or give advice on property values, or investment like decisions (eg is this a good price ?). A professional valuer should be appointed for this advice.
Our 'fair use' policy means that our professional services do not include considering or giving warnings or advice about the taxation implications of the transaction. A professional accountant should be appointed for this advice.
Our 'fair use' policy means that our professional services do not include considering or advising on family law or spousal implications. A professional family lawyer should be appointed for this advice.
Our 'fair use' policy means that our professional services do not wholesale negotiations of changes to the contract (other than trivial corrections or minor alterations). Example of trivial corrections - are typographical errors on the contract, or missing middle names. Examples of minor alterations are a single change to a due date (eg building or finance) by no more than two weeks. When there are multiple changes, then additional legal fees will have to apply as part of the "fair use" policy of our firm.
Our 'fair use' policy means that our professional services do not include entering into negotiations with or starting litigation against a party to the contract who has defaulted or otherwise breached the contract.
Our 'fair use' policy means that our professional services do not include considering or taking into account possible future development or improvement of the property. For this - a separate professional (eg town planner) should be employed.
Our 'fair use' policy means that our professional services do not include advising or reminding clients of the terms that they have agreed to (eg that a Buyer has to actually apply for finance, if they are getting finance, and appoint a Building inspector - if they want a building inspection).
Our 'fair use' policy means that our professional services do not include attending at the property itself, or knowing about the physical condition or location of the property (these things are unknowable). Relevant professionals should be appointed - such as surveyors (for location and boundaries), building and pest inspectors, builders, and town planners (for lawful use and lawful future development).

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