Is this dodgy or normal?

Discussion in 'The Buying & Selling Process' started by Younginvestor2, 18th Jul, 2019.

Join Australia's most dynamic and respected property investment community
  1. Younginvestor2

    Younginvestor2 Well-Known Member

    Joined:
    26th Dec, 2015
    Posts:
    100
    Location:
    Sydney
    Can someone help with this?
    This special condition appears on section 32 of a property.

    “The purchaser acknowledges that the vendor has appointed XXXX conveyancer as his agent to complete this transaction and for directing the payment of all monies payable pursuant to this contract. The purchaser acknowledges he will not be entitled to request for any further proof of this authority. The vendor may request up to eight (8) bank cheques at settlement in which the purchaser must provide and bare the cost.”

    Questions
    1. Is this normal? Not that I want to ask for proof of the conveyancer’s authority, but why will they include a clause like that?
    2. Why did they ask for so many bank Cheques at settlement ?
     
  2. Younginvestor2

    Younginvestor2 Well-Known Member

    Joined:
    26th Dec, 2015
    Posts:
    100
    Location:
    Sydney
    This special condition appears on section 32 of a property.

    “The purchaser acknowledges that the vendor has appointed XXXX conveyancer as his agent to complete this transaction and for directing the payment of all monies payable pursuant to this contract. The purchaser acknowledges he will not be entitled to request for any further proof of this authority. The vendor may request up to eight (8) bank cheques at settlement in which the purchaser must provide and bare the cost.”

    Questions
    1. Is this normal? Not that I want to ask for proof of the conveyancer’s authority, but why will they include a clause like that?
    2. Why did they ask for so many bank Cheques at settlement ?
     
  3. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,326
    Location:
    Australia
    For 2 settlement might mean paying for council rates, water, lenders, etc.
     
  4. Lindsay_W

    Lindsay_W Well-Known Member

    Joined:
    1st Jul, 2015
    Posts:
    5,058
    Location:
    QLD/Australia Wide
    Didn't you ask this exact question in another thread?
    Question about special condition

    Are you using a solicitor or conveyancer for your purchase? You would be best served to run it past them before signing any contract.
    Just because it says the vendor MAY ask for UP TO 8 bank cheques at settlement doesn't mean they definitely will request that many.
     
    The Y-man likes this.
  5. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    At a guess as @Trainee says above, it looks like they have lots of bills to pay off with the sale proceeds. But it could also be a 'standard' clause that this conveyancer includes on every convenyance they do as a template they don't change from one client to the next. I would not worry about it.
     
  6. Younginvestor2

    Younginvestor2 Well-Known Member

    Joined:
    26th Dec, 2015
    Posts:
    100
    Location:
    Sydney
    Thanks.
    Can anyone help with question 1? Why will they negate our right to ask for their authority?
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,227
    Location:
    Sydney or NSW or Australia
    The Conveyancer/Solicitor is preparing/issuing the contract - do they require any further authority? The vendor has appointed the solicitor, the agent has been dealing with both parties.

    Is the conveyancer also the deposit holder or is there an agent involved (many conveyancers don't have a solicitor's trust fund to hold the deposit).

    Is the property a deceased estate - that may also account for several cheques too.
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,940
    Location:
    Australia wide
    Its not normal or dodgy, but you should be asking if there is anything wrong with it or what effect it could have.
     
    Lindsay_W likes this.
  9. Younginvestor2

    Younginvestor2 Well-Known Member

    Joined:
    26th Dec, 2015
    Posts:
    100
    Location:
    Sydney
    I think the conveyancer prepared the contract. No solicitor involved. Conveyancer is registered with ASIC. There was a notice of intention by asic for insolvency of this conveyancer few years ago, but it is still operating. Will that be anything to do with that?
    There’s an re agent that is going to hold deposit in trust account.
    I will have my solicitor scrutinizing the contract but he’s out of town.
    It is not disclosed as deceased estate
     
  10. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,940
    Location:
    Australia wide
    There is no registration of conveyancers with ASIC!
    You probably talking about a registration of the company.
     
    Lindsay_W and Michael Mitchell like this.
  11. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

    Joined:
    25th Jun, 2015
    Posts:
    711
    Location:
    Melbourne
    Sounds like an outdated contract template. Almost every property settlement is done electronically through PEXA now, no bank cheques.
     
    Dan L, Terry_w and Propertunity like this.
  12. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,502
    Location:
    Melbourne
    I have merged the threads - to the OP - please do not cross post.

    The Y-man
     
    Dan Wood and Lindsay_W like this.

Buy Property Interstate WITHOUT Dropping $15k On Buyers Agents Each Time! Helping People Achieve PASSIVE INCOME Using Our Unique Data-Driven System, So You Can Confidently Buy Top 5% Growth & Cashflow Property, Anywhere In Australia