Your agreement to our costs
By proceeding you agree to the terms and conditions contained herein and agree to appoint us to act in your conveyancing matter and to assist with your property settlement either electronically or non-electronically and in the event you are not or are not intended to be a party to the conveyancing transaction you warrant that you are duly authorised to act on behalf of a party to the conveyancing transaction. Please be advised that there are additional fees payable to PEXA the national e-conveyancing network and that your mortgage Lender may charge additional fees.  Most matters can settle electronically and there are significant advantages gained by e-conveyancing that include time efficiency, immediate property transfer and instantaneous financial settlement.

Our costs and inclusions

Our costs include all the conveyancing work required in your matter to see you through from commencement to the contract settlement date. Our costs do not include acting for you in any claims or disputes at a tribunal, court, or mediation. A $385. deposit for preliminary work including but not limited to contract review, taking your instructions, title search, perusal of documents and drafting of forms and declarations. The balance is due and payable at settlement. Our quote includes 1 contract review with $99 payable for every review thereafter. Preparing variations to the contract and drafting special conditions (other than conditions relating to finance approval and building or pests inspections) may incur an additional charge. If purchaser is a foreigner then an additional $220 fee applies. A foreigner is either a person residing overseas or residing in Australia on a temporary visa. An additional charge of $330 will also apply for SMSF purchases. Where the purchase involves a new residential premises or potential residential land, the work associated with (a) submitting GST property settlement withholding notification (b) submitting GST property settlement date confirmation online form and (c) remitting GST to the ATO are not included in the quoted fee. View our fee schedule here.

This quote is an indication of charges on the basis of details presently known and on the assumption that the matter will not be substantially more complex or time-consuming than expected. Our fees are fixed for the conveyancing work, but from time to time we will need to bill extra for additional work which is beyond the scope of the standard conveyancing work. Examples of the type of work which will attract additional costs include negotiating disputes, preparing letters of demand and drafting agreements which were not originally contemplated by the parties in the transaction. We will of course notify you if we need to bill additional costs.

Certificates

Our costs include usual certificates and searches for a single title/property unless exceptions apply. Exceptions: Some properties have common areas managed by an owners’ corporation (usually for apartments, units or townhouses). If applicable, the Vendor is required to provide a valid and current owners’ corporation certificate in the Vendors’ Statement. Our costs do not include the fee for an owners’ corporation certificate. If the certificate has expired or is not valid as at the date of settlement, you will incur an additional $185 fee. Additional certificates for instruments, covenants, restrictions and for other properties (such as car spaces, storage units or accessory units) are not included.

Introducers
Please be advised that we do have arrangements in place to pay a fee to referrers. If you have been referred to us by a real estate agent, mortgage broker, banker or any other professional then a fee will be paid. We are required to disclose the amount paid by us. We advise that whether a fee is payable and the amount actually payable depends on the referrer, the number of referrals that referrer has made and is based on a tiered system. As such the fee paid cannot be determined at the time of this quote and costs disclosure. Where a fee is paid, be reassured that this does not affect your fixed-fee quote in any way. We will provide services to you free of any constraint or influence and will strictly comply with the law.

Expiry and Variation
Our costs and the initial deposit paid is valid for a period of six (6) months from the date of initial enquiry unless otherwise withdrawn or extended by us. If any information relied on by us in the estimation of your costs is incorrect or changes then we reserve the right to change the costs quoted to you.

Acceptance of Terms and Conditions

Your access and use of this web site and or The Conveyancing Place electronic conveyancing portal and all other web sites owned by smallbizwarrior pty ltd (collectively “Web Site”) is conditional upon your acceptance and compliance with the terms and conditions set out below (Terms and Conditions). Your use and/or continued access to the Web Site constitutes your agreement to the Terms and Conditions.

The Conveyancing Place may amend the Terms and Conditions from time to time save and except for terms and conditions relating to costs and fees. Amendments will be effective immediately upon notification on this Web Site. Your continued use of the Web Site following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.

Our Services
The Legal Profession Uniform Law (Vic) allows a law practice and you (the Client) to agree on how the law practice’s legal costs are to be calculated and paid. It is called a Costs Agreement and it may be enforced in the same way as any other contract. This Costs Agreement and the Disclosure Statement set out the terms on which we propose to undertake this work for you. If you accept these terms, this Costs Agreement and the Disclosure Statement will make up the entire Costs Agreement between us for this work. You accept this Costs Agreement by proceeding.

Following completion of your file we will archive our file, which we are required to retain for 7 years after which it will be destroyed.

Social Media Marketing
You authorise our use of information relating to your property transaction in any marketing or social media marketing activity. Your personal information will not be publicised in the event of us using your transaction information. We will ensure you and your property are not identifiable when your transaction information is used for any social media marketing activity unless otherwise agreed to by you. A discount/rebate is offered to all clients. Please contact david@The Conveyancing Place.com.au to request the discount/rebate.

Our Client
You are personally our client in a matter if you instruct us on your own behalf. If you also represent another person or entity (e.g. a company, partnership, trust, co-director(s) or are an Executor), then you also engage us on their behalf, and warrant that:

(i) you have the authority to do so, and
(ii) the other person(s) or entity will acknowledge that in writing if requested.

You agree that you and the other person(s) or entity you represent are each our clients jointly and severally, and that each of you jointly and severally undertake a personal liability to observe all of the obligations under this Agreement, and to guarantee and indemnify payment of all amounts due under this Agreement.

Termination of Retainer
If you terminate our retainer during the course of the matter, all legal costs incurred will be charged to and payable by you. Circumstances may arise (such as a conflict of interest) which make it impossible for us to continue to act for you. If this happens, we will contact you immediately. We may also terminate our retainer with you if you do not accept fair and reasonable legal advice we give you relating to your matter. If this happens, then all legal costs incurred will be charged to and payable by you.

Charge securing costs
In order to secure our costs, you hereby charge the property the subject of this transaction with the payment of all amounts that may become due and payable to us. This entitles us to lodge a caveat on the title of the property restricting transactions with the property until our costs are paid.

Registered User
In order to access some of the information contained on this Web Site, you may need to become a registered user. To become a registered user, you must complete your registration details in the manner described on the Web Site.

The Conveyancing Place reserves the right to terminate or not accept your registered user status at any time if you breach these Terms and Conditions.

Upon registration, you may be provided with a password and account designation. You agree to pay for The Conveyancing Place Legal’s services (if any) in the manner specified on the Web Site.

Information Service
You agree to use our information service for lawful purposes only.All information provided by The Conveyancing Place pursuant to these Terms and Conditions is provided in good faith. You accept that any information provided by The Conveyancing Place on this Web Site is general information and is not in the nature of legal advice. The Conveyancing Place gets its information from sources which it believes to be accurate and up to date as at the date of publication. The Conveyancing Place nevertheless reserves the right to update this information at any time. You should seek legal or other professional advice before acting or relying on any information or material which is made available to you pursuant to our information service.

Disclaimer of Liability

Materials contained on this Web Site (Site Materials) may contain links to material on other web sites (Linked Materials). The links provided to other web sites are done for convenience purposes only and The Conveyancing Place does not purport to sponsor, approve or endorse any of the Linked Materials.

The Conveyancing Place is not liable to you or any other person for any loss or damage (however caused, including by negligence) arising from or in connection with the use of this Web Site and/or use of the Site Materials or Linked Materials.

Changes are made periodically to this Web Site and may be made at any time. The Site Materials may contain inaccuracies or typographical errors. The Conveyancing Place makes no representations or warranties in relation to the quality, accuracy, completeness, merchantability or fitness for purpose of any Site Materials or Linked Materials.

If you place any reliance upon the Site Materials or Linked Materials, then you do so at your own risk.

The Conveyancing Place does not represent or warrant that the Site Materials or Linked Materials are free of computer viruses or other defects. The Conveyancing Place recommends that virus checks should be done on any downloaded Site Materials or Linked Materials. To the extent permitted by applicable laws, all warranties, representations and implied terms are excluded.

To the extent permitted by applicable laws, any liability incurred in relation to Site Materials or Linked Materials is limited to, at the option of The Conveyancing Place, the resupply of the Site Materials or the links to the Linked Materials, or the reasonable cost of having the Site Materials or the links to the Linked Materials resupplied.

Under no circumstances will The Conveyancing Place be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or access of or inability to use and access the Web Site and the Site Materials or Linked Materials.

Copyright
Unless otherwise stated the copyright in the Site Materials is owned by The Conveyancing Place. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968, or as otherwise provided below, none of the Site Materials may be reproduced, distributed, adapted, transmitted or stored in a retrieval system without The Conveyancing Place prior written consent. The Conveyancing Place gives permission to the user to store a copy of the Site Materials on your computer for the sole purpose of viewing the Site Materials. The Conveyancing Place makes no warranties or representations that the Linked Materials do not infringe the intellectual property rights of a third person.

Trademarks
The Conveyancing Place is the owner of the registered trademark “The Conveyancing Place” which appears on this Web Site. Other trademarks contained on this Web Site may be owned by third parties. All trademarks mentioned on this Web Site may not be used or distributed without consent of The Conveyancing Place or the relevant third-party owner.

Privacy Statement
These Terms and Conditions must be read in conjunction with our Privacy Statement. The Conveyancing Placeundertakes to comply with the terms of its Privacy Statement which can be accessed on this Web Site by clicking on the link below in the footer of this page.

Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Although The Conveyancing Place strives to protect such information, The Conveyancing Place does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to The Conveyancing Place is transmitted at your own risk. Nevertheless, once The Conveyancing Place receives your transmission, it will take reasonable steps to preserve the security of such information.

Termination of Access
Access to this Web Site may be terminated at any time by The Conveyancing Place without notice. The Conveyancing Place disclaimer will nevertheless survive any such termination.

General
These Terms and Conditions of use are governed and construed in accordance with the laws in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions of use, or the use of this Web Site.

Disclosure Statement
Under section 3.4.9 of the Legal Profession Uniform Law (Vic), we must disclose to you the following information relating to legal costs:-

1. How we will charge you – Section 3.4.9 (1)(a)
As referred to above at “Our costs and inclusions” and “Certificates”.
Caveats can be arranged at an additional fee of $220.
SMSF purchases will attract an additional fee of between $200 to $330. Foreign purchasers will attract an additional fee of $220. We can also assist in other services but you acknowledge that other services will incur additional costs. View our fee schedule here.

2. Your rights
You have the right to negotiate a Costs Agreement with us. You may request an itemised invoice within 30 days after receipt of a lump sum invoice. We will tell you of any substantial changes affecting your matter. You may seek independent legal advice at your own cost before agreeing to the legal fees in this matter.

3. Our accounts
We may ask you to pay an amount in advance to cover disbursements. You will be billed at intervals or on a monthly basis as most appropriate. Payment of your account is strictly due within 7 days from the date of the invoice.

4. Interest on unpaid accounts
If an account remains unpaid after the due date, we may charge you interest at 2% above the Cash Rate Target set by the Reserve Bank of Australia. If you do not pay our account this entitles us to exercise a common law right known as a solicitor’s lien. The lien allows us to retain your documents until our account is paid.

5. Progress reports
You may request a written progress report at any time. We are entitled to charge a reasonable amount to provide you with a written progress report. You may also request a written report of legal costs incurred to date or since the last invoice. We are not permitted to charge you for providing an invoice or a report of legal costs.

6. If you have a concern about our legal costs
If you have any concern about our legal costs or services, please do not hesitate to contact the supervising director of your matter. If we cannot satisfactorily resolve your concern with you, you may:
A: Seek a costs review by the Taxing Master under Division 7 of Part 3.4 of the Legal Profession Uniform Law (Vic) (“the Law”) within 60 days after the bill is given to you or the law practice requests payment of costs or you pay the costs (whichever is earlier or earliest). You may seek a costs review outside the 60-day time limit. In these circumstances the Taxing Master will not deal with the review if we can establish that to do so would, in all the circumstances, cause unfair prejudice to us; or
B: Apply to VCAT to set aside this agreement under section 3.4.32 of the Law; or
C: Make a complaint to the Legal Services Commissioner under chapter 4 of the Law within 60 days after the legal costs were payable or, if an itemised bill was requested in respect of those costs, within 30 days after the request was complied with.

You may be able to make a complaint to the Legal Services Commissioner up to 4 months after the end of the period referred to. This is provided that you can satisfy the Commissioner that there was a reasonable cause for the delay in making the complaint, and legal proceedings have not been commenced for the recovery or review of the legal costs that are the subject of the complaint.
7. Jurisdiction
The laws of Victoria shall apply to legal costs in this matter. You have the right to sign a costs agreement under a corresponding law or to advise us that you require the law of another jurisdiction to apply. We may refuse to be retained under a costs agreement of another jurisdiction.
8. Ending our engagement
You may end our engagement by written notice at any time. If you do this, you must pay our legal costs up until that time. Circumstances may arise (such as a conflict of interest) which make it impossible for us to continue to act for you. If this happens, we will contact you immediately. If you do not pay our account or if you fail to pay money in advance if it is requested, we may stop work until we are paid. If the account continues to remain unpaid we may cease to act for you.

If we cease to act for you:-
• we will not incur any liability as a result;
• you will receive a final account which will include all outstanding legal costs;
• you must pay our legal costs up until the date when we cease to act; and
• we retain the right to keep your documents until we are paid.