Tuesday, April 7, 2009

Buying Property in Australia - Costly Delays On E-conveyancing

The national rollout of electronic conveyancing when buying Property in Australia has been delayed, meaning that Aussie homebuyers and investors look set to miss out on cost savings worth hundreds of millions of dollars.

E-conveyancing is the transformation of the current paper-based conveyancing system into electronic form, using electronic documents, requisitions and signatures.

The Australian Government has described it as ‘Australia’s joint Government and industry initiative to create an efficient and convenient way of completing property based transactions and lodging land title dealings for registration.’

But now, the Government has taken the decision to delay the e-conveyancing - which was meant to be introduced all across the country by March next year – by almost two years.

It has now been decided that the new system will be available by Christmas 2011. This latest announcement flies in the face of the enthusiastic announcements last year by the Prime Minister Kevin Rudd and Finance Minister. At the time, they predicted that the new electronic system could save buyers ‘hundreds of dollars on every home they purchase.’

When plans were first announced to introduce the system, Law Council President-Elect John Corcoran said, “The resolution is a positive and long sought-after breakthrough in the legal profession’s campaign to see a seamless, national electronic conveyancing system implemented in Australia.”

But, with news of the long delays, cost savings were said to be worth as much as £119million.

Therefore, this new delay could wipe out £209.8 million worth of cost savings on property transactions.

The delay has been blamed on the credit crunch, which has meant that state Governments have been unable to proceed with the new system and have stumbled over the funding of the scheme.

Urgent talks are set to take place this week between Finance Minister Lindsay Tanner, representatives of the Law Council and the Australian Bankers Association to try to get the project back on track.


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1 comments:

  1. Something similar has happened in the UK with the usual government delays to streamlining the conveyancing system.

    There are some things you can do to save money though. We run a conveyancing site in the UK and these are the criteria that all firms have to meet before we'll promote them through the site:

    1. They must be "fixed fee". In other words you pay what's on the quote and not a penny more. NEVER hire a conveyancing solicitor on a "per hour" basis!

    2. The quote has to be "complete". It must include all expenses, search costs, registration fees and sales tax.

    There are too many dodgy solicitors who offer "cheap as chips" quotes that sucker people in ... until they get the final bill, which is for hundreds more than they expected.

    3. Look for "no completion - no fee" solicitors. Not sure how common they are in Oz, but it's becoming widespread in the UK.

    This way if your transaction falls through you don't pay the legal fees (though you'll still have to pay any expenses that have already been incurred on your behalf).

    4. Finally, make sure they're a conveyancing specialist (or have a specialist conveyancing department).

    This may sound "so obvious", but it's worth mentioning because if you do get a solicitor who rarely does conveyancing work (because they're also doing wills and probate and divorce and ...) then a) it'll take them longer and b) they're more likely to make a mistake. Not good.

    Hope that's useful for you - if you can get a solicitor who ticks those four boxes you should do ok!
    ReplyDelete

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