Some clients think preparing a transfer of land between related or associated parties, or parties well known to the practitioner should be a simple and cheap job. Based on our claims and comments from practitioners at our LPLC Risk Management Intensives, preparing a transfer of land is anything but simple.
Practitioners have told us told stories of clients who wanted the cheapest price, but once it was explained to them that there are a number of issues to be addressed, they soon conceded it was not a simple job and didn’t argue about the legal cost.
Every conveyance is as unique as a fingerprint and deserves the appropriate attention otherwise you are exposing yourself to a potential claim. In one claim a practitioner prepared the contract of sale documents at the request of a long-standing purchaser client and the matter proceeded to settlement as an ‘ordinary’ conveyance. The practitioner sent the usual notice of acquisition to the local council following settlement.
After the purchaser was registered on title the local council wrote to the practitioner stating that the property address in the notice of acquisition did not match the volume and folio details. The practitioner notified the purchaser client and not surprisingly they brought a claim against the practitioner.
The practitioner stated that he usually wrote to purchaser clients advising them to check the land to ensure it matched with the title but failed to do so for this matter. The practitioner simply let his guard down because he had known the purchaser client for more than 30 years and was really only doing as directed.
Proceedings were issued and the matter eventually settled on the basis that the correct land would be transferred to the purchaser. The practitioner paid the other expenses incurred by the purchaser.
Experienced practitioners know many of the traps when preparing a transfer of land including ensuring the correct consideration is inserted in the transfer.
Check and double check with both a vendor or purchaser client that the land description in the transfer is correct. This is best done by giving the client a copy of the title and a copy of the title diagram showing the land to be transferred.
