A Conveyancing Contradiction

Posted on May 3, 2007 by | 0 Comments

Peter Mericka B.A., LL.Bby Peter Mericka B.A., LL.B Real Estate Lawyer and Qualified Practising Conveyancer Victoria Lawyers Real Estate

Until the conveyancing “black market” officially ends, the Victorian conveyancing industry will continue to operate in the shadows, if Section 53A of the Estate Agents Act 1980 is to have any significance. According to Section 53A:

  • An estate agent can complete a standard form contract or lawyer-prepared contract.

  • This does not apply if the estate agent completes the contract for a fee other than the commission he or she is paid for selling a property.

  • In such circumstances the estate agent will not be guilty of the criminal offence of “unqualified legal practice”.

  • A conveyancer who is not an estate agent or a legal practitioner commits a criminal offence by completing a contract.
It is impossible, according to Section 53A, for a conveyancer to complete a contract for a client without committing a criminal offence.

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