Converting a WA non-issue CT to a paper duplicate CT in cash purchase
I am representing a cash Buyer of a WA property (currently mortgaged) and the CT is non-issue. The Buyer wants a duplicate CT issued following settlement.
I have asked the Seller's Agent to request the discharging bank to amend the lodgment instructions to elect for the CT to revert to paper and issue to me, as the Buyer's Agent. The Seller's Agent declined to do so and contends that the Buyer must submit a separate application to request a paper title at the Buyer's cost.
Can I require the Seller's Agent to make this request to the outgoing Bank (which I have no access to)?
When I am representing the Seller and have full access to the lodgment instructions, I am able to amend the CT issue instructions to either non-issue or paper issue. On this basis, I don't understand why the Seller's Agent is taking this position.
What are the rules around this scenario? I can't locate a similar topic in the WA section of PEXA community.
Re: Converting a WA non-issue CT to a paper duplicate CT in cash purchase
If at the time of purchase it was a non-issued title, unfortunately you will not have the option to receive a duplicate title to issue as a part of the settlement in PEXA. If it was an issued title at the time of purchase, you would have the option to request a duplicate to issue within the PEXA settlement.
It is part of Landgate's policy that a title will not be issued, where one previously hadn't been. However, on their website under Policy and Procedure Guides, it provides that:
Where a duplicate certificate of title was not previously issued, the registered proprietor(s) may make application on a General Application Form, without payment of a registration fee, for a duplicate title to issue.
Also for your info, there is a Transfer of Land Amendment Bill 2021 which is expected to be given proclamation in the later part of the year following debate in both houses. One of the amendments to the TLA will be to removes duplicate certificates of title from the conveyancing process. But for now, your cash buyer could obtain a duplicate post settlement, via the above process if they wanted to.