Unrepresented Parties on Transfer of Land

[cmac88]

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? 

[BenMcDonald]

I understand that a Self Represented Party cant use PEXA.

Think it will be a Paper settlement.

[Karolidis_and_Co]

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? 

[cmac88]

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.   

[JonTeh]

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