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Unrepresented Parties on Transfer of Land

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  • Unrepresented Parties on Transfer of Land

Unrepresented Parties on Transfer of Land

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cmac88
cmac88
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on ‎16-05-2018 10:41 AM

on ‎16-05-2018 10:41 AM

Unrepresented Parties on Transfer of Land

Hi Team, 

We have a case of a transfer pursuant to a breakdown of relationship and one Transferor (unrepresented party) does not want to obtain representation from a solicitor or conveyancer. How do we go about completing and signing a Transfer via Pexa if one party is not represented? 

Category:
  • Digital Signing
  • Document Preparation
  • VIC
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BenMcDonald
BenMcDonald
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on ‎16-05-2018 11:16 AM

on ‎16-05-2018 11:16 AM

Re: Unrepresented Parties on Transfer of Land

I understand that a Self Represented Party cant use PEXA.

Think it will be a Paper settlement.

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Karolidis_and_Co
Karolidis_and_Co Community Superuser
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on ‎16-05-2018 06:33 PM

on ‎16-05-2018 06:33 PM

Re: Unrepresented Parties on Transfer of Land

This sounds fun...

 

Agree with Ben however assuming you’re in a jurisdiction such as VIC, does t the transfer HAVE to take place via PEXA? Are they then required to appoint someone to complete? 

Nick Karolidis
Principal Lawyer & Accountant
Karolidis & Co
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cmac88
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on ‎17-05-2018 09:20 AM

on ‎17-05-2018 09:20 AM

Re: Unrepresented Parties on Transfer of Land

Yes, jurisdiction is VIC. All stand alone Transfers must take place via PEXA.

The un-represented party is not willing to appoint someone to complete due to costs.   

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JonTeh
JonTeh Star Employee
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on ‎17-05-2018 01:22 PM

on ‎17-05-2018 01:22 PM

Re: Unrepresented Parties on Transfer of Land

Hi Cathy @cmac88

 

If one party signing the transfer refuses to get legal representation and is not a lawyer or conveyancer or PEXA subscriber acting for themselves, the transfer will need to go down the paper channel and cannot proceed in PEXA.

 

Here's an extract from the Customer Information Bulletin 175 from Land Use Victoria:

From 1 March 2018, transfers of land and survivorship applications must be lodged electronically. This requirement applies when a party is represented by a conveyancer or lawyer who signs the instrument on behalf of their client; or, the party is a conveyancer or lawyer, or PEXA subscriber acting for themselves.

 

Cheers

 

Jonathan

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