I dont think you are understanding the situation. I am not talking about refinances where the client is simply changing banks. Your quite right there, they are relatively simple and also It has nothing to do with us if the client doesn't engage us. And that is completely fine. Those types of transactions are not the issue and those types of refinances are not the ones Im talking about because i don't do those refinances. IN the last 4 weeks Ive had three refinances were the client is refinancing to fund their purchase. They are the only types of refinances I do. They are the only types of refinances I am concerned about. And they are the only types of refinances where banks refuse a clients legal and constitutional right to have legal representation. These are the only types of refinances where banks do not take their instructions from the client, do not look at the DA, do not care that we are listed as the authorised representative, and refuse to invite us to the workspace. These are transactions Im concerned about. Most of my purchase files are attached to refinances and I am meant to be involved in both. The client has authorised us on the DA as her representation. We even mention on the DA that there is a refinance. WE ARE MEANT TO BE A PART OF BOTH THE REFINANCE AND PURCHASE SETTLEMENT. We need to coordinate it, we need to advise our client well in advance of funds they need to contribute to the purchase, we need to fully account to our client of all settlement monies, loan advances and payout figures prior to settlement taking place. I dont know what type of transaction you are talking about it because it has no similarity to my current one. As you advised you need to be part of both transactions and your not. The bank hasn't been given authority by the client to distribute the loan advance to pay for her purchase settlement. You are not authorised to manage any link to any other workspace. But in any event, we need to invited to all refinances that are attached to a purchase regardless of who links what, as how on earth can we advised our client of funds they need to contribute for settlement? How do we account to our client prior to settlement with a break down of settlement proceeds? How do we obtain their authority as to the distribution of funds within the workspace? Its a legal requirement and our PI Insurance wont cover any error in the distribution of funds if we fail to obtain our client's authority in relation to figures. There are so many complications, legalities and issues that arise from this view you are taking. Its extremely high risk and forces us into a position where we are unable to comply with our obligations as a conveyancer under the Act. As previously advised, you always receive the appropriate documentation and authorisation from us. That is not the issue and when i call the banks to request an invite to the workspace, they all agree and say, yes yes we can see you on the DA but we still can't invite you to the workspace. The issue is not with us and its not with us incorrectly filling out the DA.
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