This document sets out the terms on which you ("the Client" or “the Seller”) appoint Royal Conveyancing to act for you in the preparation of a Disclosure Statement for the sale of your residential property.
1. Scope of Appointment
Royal Conveyancing is appointed solely for the purpose of preparing a Disclosure Statement based on your instructions and the results of searches undertaken. This appointment does not extend to:
- Ongoing updates or compliance of the Disclosure Statement beyond its initial
preparation.
- Advice in relation to the sale or negotiation of a contract of sale.
- Preparation or review of the Contract of Sale.
- Advice relating to the results of searches and investigations conducted by Royal Conveyancing for the purposes of preparing the Disclosure Statement.
- Any undertaking that the accuracy of the information provided to Royal Conveyancing for the purposes of the preparation of the Form 2 Seller Disclosure statement is accurate.
2. Your Responsibilities
- You must provide complete and accurate information.
- You are responsible for ensuring that the Disclosure Statement
is factually correct at the time it is provided to any potential buyer.
- If you are uncertain about any disclosure item, you must not guess and must seek clarification from our office.
- You are required to update the Disclosure Statement if any information
changes before entering into a contract.
3. Searches and Costs
- The costs of Royal Conveyancing preparing the Disclosure Statement are
outlined in section 7 of this document.
- You are responsible for all search costs required to prepare the Disclosure
Statement.
- No work will commence until all required search fees have been paid in full into our nominated trust account.
- In the event that the property has multiple lots, searches will be conducted for each related lot of the property.
4. Termination
You may end our engagement by written notice to us at any time; however you remain liable for the legal costs up until that time.
We may end our engagement by written notice to you, if you:
- Do not provide us with adequate instructions; or
- Refuse to act in accordance with our advice; or
- Breach the conditions of this agreement; or
- Instruct us to act unlawfully or unethically; or
- Fail to co-operate fully in the conduct of your matter; or
- Indicate that you have lost confidence in us; or
- Fail to pay any accounts or to provide money to be paid into trust as required under this agreement; or
- Lose legal capacity to instruct us; or
- Do not accept any increase in fees advised to you; or
- Are informed by us that we have a conflict of interest and can no longer act
on your behalf.
5. Ongoing Disclosure Obligation
You have an ongoing legal obligation to ensure your Disclosure Statement remains accurate at the time a buyer enters into a contract. If any of the original information changes (e.g., new rates notice), a new Disclosure Statement must be
provided to the buyer.
6. Searches and Reliance
Royal Conveyancing will undertake the following searches at a minimum on your behalf to prepare the Disclosure Statement:
- Title Search; &
- Registered/Survey Plan Search.
Additional searches may be required to complete the Disclosure Statement and their requirement is based solely on the information that you provide within this document.
These additional searches may relate to items such as unregistered encumbrances, notices, orders, environmental issues, trees, owner builder matters, heritage matters, and tenancy details.
Sections within this document will outline and advise you whether an additional search will be ordered based on the information provided within that relevant section.
If you request additional searches outside the standard scope of the searches offered with the Disclosure Statement process, these will be charged separately.
7. Professional Fees and Outlays
- Professional Fees: A fixed fee of $400.00 exclusive of GST, will be charged
for preparing the Disclosure Statement.
- File Opening Fees: A fixed fee of $100.00 exclusive of GST, will be charged as a professional cost and identified as File Opening. This fee is charged for opening your file, postage, photocopying.
- Outlays: These costs will be confirmed upon the return of this document. You are responsible for paying the costs of all searches and disbursements incurred in the process of preparing the Disclosure Statement.
- We may pay these from funds held in trust on your behalf once search costs
are received or once the draft disclosure statement has been provided.
8. Privacy and Disclosure
By engaging Royal Conveyancing:
- You consent to us contacting you with relevant service updates.
- You authorise us to share your information with third-party search
providers.
- You authorise us to liaise with your nominated real estate agency and
salesperson and provide them with a copy of the Disclosure Statement.
Royal Conveyancing respects your privacy and will not disclose your personal information except as required by law or as set out above.
9. Trust Monies Authority
Each person named as seller on this document:
- authorises Royal Conveyancing to deposit trust funds into the trust
account of Priority Legal Services (Qld) Pty Ltd, to be held on my/our behalf in relation to the Disclosure Statement, or any other matter where Royal Conveyancing acts on my/our behalf.
- authorises Priority Legal Services (Qld) Pty Ltd, under the direction of Royal Conveyancing, to transfer and withdraw funds from its trust account for the payment of professional fees, statutory charges, and other outlays incurred on my behalf in connection with the Disclosure Statement, or any other matter where Royal Conveyancing acts on my/our behalf.
- acknowledges that this authority is provided in accordance with section 249(1)(b) of the Legal Profession Act 2007 and remains in effect until revoked by me/us in writing.
10. Invoicing
Each person named as Seller consents to receiving the Tax Invoice electronically (pursuant to s330(7) LPA and the Electronic Transactions Act 2001 (QLD).
11. Electronic Signing
Each person named as seller on this document agree to the use of electronic signing methods to complete the Disclosure Statement
12. Verification of Identity
Each person named as seller on this documents must provide sufficient documentation to the law practice so as to confirm their identity and to
ensure that their identity matches that of the proprietor listed on title.
To satisfy this requirement each person named as seller may elect to:
- Provide the equivalent of 100 points of ID to the law practice; or
- Complete an online verification of Identify issued by the law practice.
The online verification of identity option is the preferred method of the law practice.
13. Risk of Non-Compliance
The Property Law Act 2023 places mandatory obligations on the seller to provide specific disclosure documents and certificates that relate to the property.
If the seller fails to:
(a) provide the required disclosure documents prior to the contract being
signed by the buyer, or
(b) provides the disclosure documents but they are inaccurate or incomplete and the buyer was not aware of the correct information and would not have entered into the contract if they were aware of same information;
the buyer will be entitled to terminate the contract at any time up to settlement, and subject to any agreement, the sales agent may be entitled to their commission.