Terms and Conditions - buying or selling a property in NSW
The following are the terms and conditions for use of the eConveyancing service. Please read them carefully. If you have any questions regarding the
purchase process or these Terms and Conditions please ask your
property law solicitor when they contact you. A copy of these Terms
& Conditions will be forwarded to you by email if you provide us
with your email address in the online form.
1. Fixed Price
The Fixed Price quoted applies to most ordinary purchases or sales of residential real estate in
NSW and includes reviewing or preparing the sales contract respectively, exchange of contracts, and attending to all settlement matters.
The price also includes arranging the transfer of funds from your home loan,
or discharging the mortgage, and all correspondence regarding the lodging
of security with the provider of the home loan.
The fixed price does not include disbursements
incurred by the law firm, including title searches and statutory
certificates required by law. The fixed price also does not
include specific advice about any new financing arrangement or mortgage. Ask your solicitor to provide an estimate
of disbursements and advice about new financing based on your particular situation.
2. Exclusions
Usually, the fixed price will not apply for:
- purchases or sales off the plan;
- purchases or sales where the price is more than $1,000,000;
- land that is not Torrens title or strata title (most real estate is one of these two types of title);
- purchases or sales that are subject to unusual special conditions; or
- arranging or discharging multiple mortgages.
If your property purchase or sale falls outside the guidelines of the fixed price,
don't worry, your solicitor will advise you before proceeding and will usually be able to give you an alternate fixed price for the service.
3. Upfront Commitment Fee
When you confirm your instructions with the law firm, you will be asked to pay an upfront fee of $250 + GST for a sale and $300 + GST for a purchase to cover initial Costs & Disbursements. The upfront fee will be deducted from the advertised fixed price and is NOT an additional fee. E.g. A seller would pay $250 + GST upfront and the balance of $525 + GST on completion.
4. Special Circumstances
If the transaction falls outside what can reasonably be called normal (for example, the seller refuses to complete), a reasonable additional charge may be levied by the law firm.
Ask your solicitor about these possible additional charges.
This online service is free to visitors. The administrators of this
website, from time to time, may charge a small fee to law firms who
participate in this system for marketing these services on their behalf.
5. Payment of fees
The Fixed Price fees (less the Commitment Fee already paid) are due and payable on completion of the transaction. The law firm
may ask for some money on account before completion to cover disbursements.
In the event the transaction does not proceed for any reason, you will be
obliged to pay for any disbursements
already
incurred along the way.
6. Obligation
Your solicitor will contact you within one business day and confirm your instructions and the fixed price. If the fixed price does not apply to your transaction, the law firm will tell you before you are committed to proceed or pay any money.
REMEMBER:
You are under no obligation to pay any fees until you confirm your instructions directly with your solicitor.
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