Tomorrow, standalone transfers and survivorships are moving online, see timeline here.
Below are some of your more frequently asked questions regarding the transition online for these instrument types. I will continue to add to the post throughout the day as questions arise – stay tuned!
Can a Survivorship and APR(Application by Legal Personal Representative)/Transmissions be completed in conjunction with a transfer?
At the moment this cannot be completed in conjunction with a transfer however it is possible through separate workspaces at no additional fee. Moving forward, it is in scope for future platform upgrades. PEXA acknowledges the inconvenience of having to prepare these in two separate workspaces and will continue to update the e-Conveyancing Community on our progress over the coming months.
Why do we need to input Market Value into a Transfer (e.g. Change in Manner of Holding) when it is not required in paper?
In support of Commissioner requirements, PEXA collects specific data for dutiable transactions as set out in 2015 by the Commissioners of each jurisdiction. One of these items is Market Value, complete with valuation/value details.
Can Party Tenancy Transfers be completed with Proprietor on Title and Incoming Proprietor as Transferees?
Yes. As of 5 February 2018, this functionality became available in Victoria. However, some scenarios are still unavailable. See below for in scope and out of scope capabilities:
Party A and Party B (Joint Tenants (JT) or Tenants in Common (TIC))
i.e. When removing one party from title
Party A and Party B (JT or TiC)
Party A and Party B (to change the manner of holdings)
i.e. When changing the manner of holding from JT to TIC or vice versa
Out of scope
Party A and Party B as either JT or TIC
i.e. cannot add a party onto the title
Party A and Party B as either JT or TIC
Party A and Party C as either JT or TIC.
i.e. cannot remove one party and add another to the title
If the transfer of land/survivorship application form was signed prior to 1 March 2018, can it be lodged in paper after 1 March 2018 or it must be lodged electronically regardless the execution date?
If the transfer of land/survivorship application form was signed prior to 1 March 2018 - it can be lodged in paper after 1 March 2018.
If the settlement date is on or after 1 March 2018 it needs to be completed electronically (regardless of execution date). Please see Registrar Requirements as it states:
"All Instruments set out in Registrar’s Requirements 6.3, 6.4 and 6.5 must be Lodged using an ELN...
6.5(c) a transfer of land signed on or after 1 March 2018, except when the transfer is to be Lodged with any other Instrument for the same folio(s) of the Register; and
6.5(d) an application by a survivor under section 50 of the TLA signed on or after 1 March 2018, except when the application is to be Lodged with any other Instrument for the same folio(s) of the Register;"
What happens when a non-PEXA Member is involved in "Paper Title and Cash Purchase" deal due to settle post mandate?
If a non-member is involved in “Paper Title and Cash Purchase” deal due to settle post mandate, they should contact PEXA immediately. In most cases, that non-member will want to commence their own PEXA registration and avail of the numerous training options available to complete transactions themselves.
In the event that registering with PEXA is not suitable for a firm, PEXA has various options to support industry. We are piloting alternatives for those practitioners who may not do enough conveyancing to stay up-to-date with e-Conveyancing requirements or transition that part of their business to digital. Please reach out if this scenario occurs.
For a non-monetary transfer what do I select if there is no contract? If it's a verbal contract what should I select?
In the case of no contract, select ‘NO’ and check all the names (as NO contract existed).
This is requested State Revenue Offices’ compliance data and requires a YES/NO answer.