section 18 (3) - transfer not in conformity

[fadichahine]

Hi All,

I'm completing my first PEXA transaction where the purchasers on the transfer are not in conformity with the purchasers on the contract for sale (section 18(3)). 

How would this be completed on PEXA? 

[NancyMadafferi]

Hi @fadichahine 

Thanks for your question.

When preparing the Transfer document in PEXA, you will be asked if all of the Transferees were named on the contract/Agreement. You can select if they were not all named. Because you will have already represented the party on the participant screen, you will be able to select which tranferee was not named. 

Hope this helps

Kind Regards 

Nancy

[Majella]

I see the reply below which states:

When preparing the Transfer document in PEXA, you will be asked if all of the Transferees were named on the contract/Agreement.""

I cannot see this anywhere.  How is this triggered?

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@NancyMadafferi wrote:

Hi @fadichahine 

Thanks for your question.

When preparing the Transfer document in PEXA, you will be asked if all of the Transferees were named on the contract/Agreement. You can select if they were not all named. Because you will have already represented the party on the participant screen, you will be able to select which tranferee was not named. 

Hope this helps

Kind Regards 

Nancy

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[NancyMadafferi]

Hi @Majella 

Each Transfer document in PEXA is designed to the specifications of the Land Registry. The question in the transfer document that asks ' Were all Transferees named in the Contract/Agreement?' is specific to VIC, WA and QLD.

Both NSW and SA Transfer documents do not ask this question within the Transfer document in PEXA. If you have a scenario where not all transferees are named in the contract for NSW please contact the Land Registry and Revenue NSW for further clarification on whether this transfer scenario is eligible for electronic lodgement.

[Majella]

Below response from NSW Land Registry:

"You should be able to lodge this transfer through PEXA and LRS has no specific requirements for this transfer."

How about proper guidelines/procedures?  Rather than guesswork!!!

[DavidMcDowell]

Transfers in partial conformity in NSW are out of scope, Revenue NSW will provide a waiver letter, see https://www.revenue.nsw.gov.au/electronic-duties-for-professionals/econveyancing/duties-verification...