Electronic Settlement

Discussion in 'Legal Issues' started by qak, 11th Nov, 2017.

Join Australia's most dynamic and respected property investment community
Tags:
  1. qak

    qak Well-Known Member

    Joined:
    1st Jun, 2017
    Posts:
    1,672
    Location:
    Sydney
    Settlement is due at the end of the month on a property I have sold. In providing my banking details to my solicitor, I asked if EFT was possible for the proceeds, rather than cheque.

    Solicitor advised they could do electronic settlement, but had to confirm with the purchasers solicitor. They advised they were "not able" to do it electronically. Since *my* solicitor is a small suburban practice (property specialisation) & *their* solicitor apparently has 400 staff and a property division, I was a bit surprised.

    In NSW, electronic settlement is compulsory from next 1 July.

    Why would a purchaser/solicitor not be able to use electronic settlement?
     
  2. 158

    158 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,275
    Location:
    Brisbane, Qld
    Because solicitors like the social aspect of settlement.....from tea and cake to Friday drinks to hook ups!

    pinkboy
     
    qak likes this.
  3. JacM

    JacM VIC Buyer's Agent - Melbourne, Geelong, Ballarat Business Member

    Joined:
    12th Jul, 2015
    Posts:
    2,219
    Location:
    Melbourne, Australia
    EFT into a trust account, and electronic settlement are two different things. Does your conveyancer have a trust account?
     
  4. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

    Joined:
    18th Jun, 2015
    Posts:
    2,025
    Location:
    Brisbane
    Because the current electronic settlement system PEXA is terrible and way over priced. We do hundreds of settlements a month and have been registered with PEXA since before they turned it on.

    The concept is excellent, but PEXA is owned by the state governments and the banks. The only reason it has gone compulsory in NSW is because the state owns it.

    They need a competitor to come in with a better user interface and more realistic pricing. I could employ 8+ full time staff for what I would pay in PEXA fees
     
    Paul@PAS and Perthguy like this.
  5. qak

    qak Well-Known Member

    Joined:
    1st Jun, 2017
    Posts:
    1,672
    Location:
    Sydney
    Yes they do have a Trust Account (at my bank/branch).
    They are actual solicitors/lawyers, not conveyancers :).

    Maybe I have asked them the wrong question/s ... if settlement is done by cheque, does that get banked to my account; or to the Trust account & then paid to mine? In the fee agreement I've agreed to pay that solicitor from the proceeds, so would the purchaser be asked to provide a cheque for solicitor & balance to me? Do I have to wait for cheque clearance if it goes to the Trust account?
     
  6. larrylarry

    larrylarry Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,392
    Location:
    Sydney
    My firm is ready for pexa settlement but many suburban solicitors are hesitant to use it for various reasons. The take up of pexa will take few years.
     
  7. LifesGood

    LifesGood Well-Known Member

    Joined:
    26th Jun, 2015
    Posts:
    911
    Location:
    Perth WA
    Are there other fees besides the $110 pexa fee that gets passed on to the client?

    Compulsory next year in a few states, but judging by your comment I’m assuming this isnt the case for all states?
     
  8. Perthguy

    Perthguy Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    11,767
    Location:
    Perth
    Oh wow! Your settlements are not like ours at all. We all meet in a large and boring room with a lot of small tables. The parties arrive, stand around a table, exchange papers, exchange cheques and leave. There is barely even chit chat. A standard settlement takes about 10 minutes. A complex one takes 15. That's Perth.
     
  9. larrylarry

    larrylarry Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,392
    Location:
    Sydney
    Settlement still takes this form in Sydney CBD.
     
    Perthguy likes this.
  10. 158

    158 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,275
    Location:
    Brisbane, Qld
    I was being totally facetious @Perthguy !

    WA: 2 hours and 20 years behind! :D

    pinkboy
     
    Scott No Mates and Perthguy like this.
  11. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,213
    Location:
    Sydney or NSW or Australia
    I am naughty ;)
     
    Perthguy and 158 like this.