unrepresented parties/transmission/on-transfer

[sek]

I need to do a transmission application (and then an on-transfer to a beneficiary) where the deceased owns a 1/4 share TIC. Two of the four proprietors are unrelated to the deceased. Can I do the APR and Transfer in PEXA without representing the two unrelated parties ? The LPR and beneficiary is the other 1/4 share owner whom we represent. 

[GeorgePolus · Accepted solution]

Hi Sally, 

The Transmission will be no issue in PEXA.   The transfer will however will be an issue. 

PEXA has been built to observe the LUV preference of 'all off - all on' business rule for a Transfer of Land.

I checked with LUV, specifically for the scenario you depict, if LUV would accept the Transfer from Executor to Beneficiary without representation of some, or all, of the remaining Tenants in Common via the paper channel.   

LUV said that even in paper, it is not preferred, but under the TAL they must accept a Transfer of Land where some but not all of the Tenants in Common are dealing.  

Just to let you know, PEXA has built the capability for some, but not all Tenants in Common to relinquish all or part of their interest without the need to have all proprietors represented.   This capability will go live in NSW in May 2018.   

We are sorry that at this time PEXA can't support your needs.  Please rest assured we are aware of the limitation.  We will keep working to strive to support 100% digital.