Should the buyer and seller use the same conveyancer?
It is quite legal to use the same conveyancer and can often appear convenient to do so. However, the Institute (Australian Institute of Conveyancers) does not recommend doing so in most transactions. Remember that your conveyancer is there to work for you and be your advocate, not just stamp some forms and fill in the blanks. A conveyancer acting for both buyer and seller must cease to act if a conflict of interest arises (for example if the same advice cannot be given to both parties). Conflicts can arise over all sorts of issues such as a delayed settlement or unfulfilled special condition. It is generally impossible to predict when this may happen. The savings from using the same conveyancer are small but the risks are potentially huge. Significant delays often occur if the conveyancer must cease to act in a transaction. Ask yourself if you're really comfortable using the same person as the other party or if you would feel better working with your own conveyancer.
Many real estate agents have local conveyancers to whom they refer work from properties they are selling. This is perfectly appropriate if based on the professionalism and expertise of the conveyancer and can be helpful if you don't know of a conveyancer yourself. The agent may tell you that it will be cheaper for you to use the seller’s conveyancer. While it is legal for the buyer and seller to use the same conveyancer for the sale, the Australian Institute of Conveyancers does not recommend this practice. In the long run, using the seller’s conveyancer could be much more expensive for you than having your own.
Your conveyancer should be your advocate in the conveyancing process and their goal should be to protect your interests. To avoid any conflict of interest it is advisable that you seek independent legal advice to that of the seller and vice versa. A conflict of interest for a conveyancer can be as simple as a delay in finance approval.
Many real estate agents have local conveyancers to whom they refer work from properties they are selling. This is perfectly appropriate if based on the professionalism and exper ...
发表于 1-6-2009 21:46:37
收藏
赞
踩
楼主
