PROPERTY SELLERS - CHOOSE YOUR OWN ATTORNEY!
Updated: Jun 5, 2019
When you come to sell your house or other property, you have the right to nominate your own attorney to attend to the conveyancing for you. Insist on doing so –
It is essential that your rights be protected at all stages of the transfer; choose a conveyancer you can trust to do so with speed and integrity.
It is irrelevant that the buyer normally pays the conveyancer (as part of the transfer costs). You carry more risk than the buyer, and there is nothing to stop the buyer from employing his/her own attorney to monitor the transfer on their behalf if they feel this necessary.
Have your chosen attorney check the deed of sale before you sign anything. Regular readers of LawDotNews will understand just how easily things can go wrong – badly wrong – if the sale agreement is incorrectly or loosely worded.
Don’t ever let anyone pressure you into nominating a conveyancer not of your choosing.
NOTE FOR ATTORNEYS: Estate agents in advising a seller as to the nomination of a conveyancer must abide by Clause 7 of the Estate Agency Affairs Board’s Code of Conduct (“Prohibition against Undue Influence”) - follow the link from the EAAB’s website.