2 weeks ago
Noting consent in a paper transaction is not required when there is a sole executor and sole beneficiary is there any way this requirement can be waived when transacting in Pexa noting Pexa will not allow the Transmission to be saved unless it is confirmed that consent is held.
We cannot waive the Consent document from the PEXA Transaction, as this is a LRS requirement for ELNO.
A Consent document is an authorisation document required by the NSW Land Registry for the successful lodgement of a property transaction. It is created by the person named as the controlling party on the certificate of title.
When completing a Consent in NSW you will need to select the Consenting Type, two options are available:
→ Transacting Party: consents that are prepared and digitally signed by or on behalf of the CoRD Holder who is a participant in a transaction.
→ Third Party Consents: prepared and digitally signed by or on behalf of the CoRD Holder when the CoRD Holder is not a transacting party.
For further information on completing a Consent please select the link below:
Thank you for your reply.
So just to be clear the consent I am talking about is different to the consent from the controlling party. The consent I am referring to is the consent that is normally provided by the executor on a paper transmission application when the property is being transferred directly to a beneficiary. As previously stated NSWLRS do not require this consent to be provided when the executor is transferring to themselves as beneficiary. Maybe this is something that can be catered for in the future to line up with NSWLRS requirements when transmitting from executor to themselves as sole beneficiary.