Service Disclosure Statement - Conveyancing.

Preamble

This is a statement of disclosure about the conveyancing services we will provide from the time we are instructed until settlement.
Please read it carefully.

Glass Lawyers offers a base lump sum for all conveyancing services.  This lump sum provides a minimum service.

 

Purchases.

The minimum services provided for the lump sum of $599.00;

  1. Preparation of all documentation required in relation to Transfer of Land.
  2. Liaison with vendor's solicitor, conveyancer or representative (agent).
  3. Liaison with Mortgagee (Such as bank or agent).
  4. Providing required documents including Transfer of Land so lender can prepare mortage documents.
  5. Apply for all searches required.
  6. Preparation of all required documentation in order to successfully effect settlement.
  7. Advise on Title Registration fees.
  8. Advise on Stamp duty.
  9. Lodgement at Land Titles Office (if required) and State Revenue Office.
  10. Preparation of "Statement of Adjustments"
  11. Attend Settlement.

 

Sales:

The minimum services provided for the lump sum of $659.00;

  1. Preparation of "Contract of Sale" and Vendor's statement.
  2. Liaison with purchaser's solicitor, conveyancer or representative (agent).
  3. Liaison with any third party in order to effect settlement.
  4. Attend Settlement.

 

What the minimum lump sum does not include (Exempt).

If your matter requires the following additional services you will be charged at the Practitioner Remuneration Order (PRO) rate. You will be notified when such services are required in order for your conveyancing matter to properly settle.

We cannot be held responsible when additional services are required,  nor can we predict when such services are required.

In addition to all disbursements and all third party fees and charges.  The following are exempt from any lump sum, Purchases or Sales;

  1. Pre-Contract Advice.
  2. Any requested or required changes, alterations or amendments to Contract of Sale.
  3. Any requested or required changes, alterations or amendments in the case of errors by no fault of our own or otherwise in relation to any document.
  4. Any additional attendance of settlements that may be required where previous settlement was attended by us, but did not proceeded successfully (settle) though no fault of our own.
  5. Any additional attendances such as advice or consultations that have no direct relation in our ability to affect settlement.
  6. Any additional requests, beyond what is reasonable, for documentation, information or signatures for relevent legal documentation.
  7. The addition of a nominee.
  8. Change of lender.

 

Terms & Conditions.

In additional to our General Terms and Conditions, the following also applies  to conveyancing.

 

Disbursements & Third Party Fees & Charges.

Within the duration of your conveyancing matter, you may be required to pay for various third party fees and charges in order to properly effect settlement successfully.

  1. Glass Lawyers will not be liable for such charges and fees, nor able to predict what they may be.
  2. All necessary and proper third party fees & charges, for the purpose of effecting settlement successfully, are payable by you.
  3. If such disbursements are incurred by us directly inrelation to your conveyancing matter, you agree to reimburse us upon request. 
  4. Such disbursements must be paid prior to the conclusion of the matter or at the time of settlement.
  5. You also agree to allow us to pay for any such third party fees directly from trust money held on your behalf and you will be notified on each occasion when it will be required and why it will be required.

It is not always possible to estimate the total third party fees & charges or disbursements that will be required for your conveyancing matter.

Some of these third party fees and charges may include the required purchase(s) of;

  1. Owners corporation certificates.
  2. Land Certificates.
  3. Water rates.
  4. SRO Land Tax Certificates.
  5. Any other party services required in order to affect settlement.

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Insurance:

We advise that purchasers insure the property as soon as the Contract of Sale is signed as it cannot be assumed that the Vendor has adequate property insurance.

Caveats:

We recommend that a caveat in your name be registered on the title of the prospective property. In doing so you will be protecting your rights by telling anyone else who tries to deal with property that your rights come first. If you do not have a caveat on the title there is nothing to stop the vendor from selling or mortgaging the property, or someone else making a claim to it.

The cost of a caveat is $65.90*, which is well worth the peace of mind it offers. We will proceed to lodge a caveat under your instructions unless you tell us not to in writing in the next 5 days.

The costs of the caveat and withdrawal must be deposited into our trust account prior to us lodging the caveat.

Please note the costs of withdrawing a caveat is $65.90*.

(*subject to change)

Measuring Land:

We also recommend that you measure the land to make sure that it corresponds with the measurements from the Plan of Subdivision (noted in the contract of sale).

Pre-settlement title search:

A pre-settlement title search is recommend, this should be carried out a day before settlement. To ensure that the Vendor has no additional mortgages on the title.

Retainer:

We will request an initial deposit into our trust account as a retainer to cover disbursements or on account of our fees.  The minimum retainer required for Conveyancing (Purchase or Sale) is $350.00.

 

Trust Money:

  1. We may request deposits into our trust account during the conveyancing process to cover further disbursements and legal fees.
  2. We require all trust moneys on account of our fees, in additional to any reimbursement of disbursements made on your behalf to be deposited into our trust account prior to settlement taking place.

 

Accounts:

  1. You will be billed on the day of the settlement.
  2. Our account is payable immediately upon receipt and we require sufficient funds in our trust account to transfer to the unpaid and due account.
  3. If your conveyancing matter has been settled and there is an overdue account,  we reserve the right to charge administration costs to recover the overdue amount and charge interest on any overdue amount at the penalty interest rate
  4. Legal proceedings may also be commenced if an account remains unpaid beyond 30 days.

 

Settlement:

  1. We require all legal fees to be deposited into our trust account before or on the day of settlement and prior to the time of settlement in order for settlement to proceed.
  2. We will not be liable if you or your lender fail to provide payout figures in time for settlement and you will be liable for re-settlement fees, penalty interest and third party fees and charges.
  3. We will not be liable if, through no fault of our own, settlement does not proceed, fails, or is cancelled. This includes any liability in addition to third party fees, penalty interest or other such charges payable to other parties.
  4. All settlement moneys in relation to property settlement, are the responsibility of the client.
  5. All moneys payable to the vendor are the responsiblity of the purchaser.
  6. We will not held liable if the purchaser is unable to acquire sufficient funds to cover shortfalls required inorder to effect settlement.
  7. We will not be held liable if the Purchaser or Mortgagee are unable to acquire, clear or release funds required for settlement.