Conveyancing terms and conditions

These are the terms and conditions on which Nest Legal Pty Ltd (ACN 619 351 398) will provide you with conveyancing services.

You confirm that the instructions that you have provided are correct to the best of your knowledge.

These terms are to be read in conjunction with our costs disclosure, as agreed to by the submission of instructions via the form on our website.

Costs

What we will do for you

PURCHASE - Carry out all work necessary in relation to the conveyancing transaction including making necessary searches, liaising with all necessary parties such as listing agents, solicitors, conveyancers and financiers, preparing transfer and stamp duty and nomination documents and arranging for you to sign them, preparing statement of adjustments, arranging settlement and all necessary telephone calls, correspondence and attendances. The scope of work covered by our retainer is confined to the conveyance of the property and not unusual or additional work for instance disputes, advice in relation to the preparation of review of a licence agreement, advice in relation to ending a contract, providing advice and witnessing mortgage documentation or advice on tax or financial issues. The scope of our retainer specifically excludes the provision of financial or taxation advice.

Fees

Our fee is $880, inclusive of GST.

We will pass on the cost of any disbursements (see below).

If the purchase settles, you authorise us to be paid at settlement, either by collecting funds at settlement or if we hold funds in trust, by deducting your funds from our trust account. We will forward you an invoice setting out our fees and disbursements prior to settlement.

If the purchase does not settle, we will invoice you for disbursements that we have paid on your behalf and fees incurred for work to date, as reasonably determined in our sole discretion.

You consent to receiving our invoice by email and us being paid at settlement by your bank or from our trust account, where possible.

Additional charges (if required or requested)

(a) Apply to the SRO on your behalf for a stamp duty refund post settlement $200.00

(b) Advice and assistance and negotiations in relation to ending a contract $200/hour

(c) Advice and assistance in relation to drafting or reviewing a licence agreement $200/hour

Disbursements

Out of pocket expenses such as title searches, property enquiries, PEXA fees, government charges, settlement agents and postage

(a) Approximate total $100.00 - $300.00

(b) However each Owners Corporation Certificate (if required) (approx.) $150.00

Your rights include the ability to: → Ask for an explanation of this form → Negotiate a costs agreement → Negotiate the billing method (e.g. timing or task) → Request a written progress report of costs incurred → Receive a written bill for work done → Request an itemized bill → Contact your local regulatory authority.

How we will work

Nest Legal will primarily communicate with you by email. You agree to provide a secure password-protected email account and access it on a secure computer.

Nest Legal maintains client files and documents in digital format only. At the conclusion of our representation, we will retain the digital copy for 7 years, which will be made available to you upon request.

To enhance the efficiency of our practice, Nest Legal uses a variety of technology, including third party cloud based platforms, to store documents, communicate with clients and other activities. We have exercised due care in selecting vendors whose security and management practices meet or exceed applicable ethics requirements and engage in ongoing monitoring and oversight of their services. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Although Nest Legal strives to protect such information, Nest Legal does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Nest Legal is transmitted at your own risk. Nevertheless, once Nest Legal receives your transmission, it will take all reasonable steps to preserve the security of such information. You consent to our use of these services to store your files, communicate with you and carry out other necessary tasks related to representation.  We do not sell or otherwise disclose to third parties any personal information that you provide through our website except as may be required by law.

We encourage our clients to offer feedback on review sites or refer us to others. If you’ve had a negative experience with Nest Legal, we would appreciate if you could speak with us directly so that we can try to fix the situation.

Duties

We will carry out the work required with professional skill and diligence. Please note that our advice does not extend to taxation advice, and you should seek advice from your accountant and/or financial advisor in this regard

You will make reasonable efforts to be available to give us instructions in relation to the work to be carried out.

You will notify us of any change to your circumstances which may affect either the outcome of your matter or our earlier advice to you about any aspect of your matter.

Termination

You may terminate this agreement at any time.

Without limiting the circumstances in which we are otherwise by law entitled to terminate this agreement, we may terminate this agreement without notice and cease to act for you if you:

(a) Breach this agreement;

(b) Require us to act unlawfully or unethically;

(c) Fail to give us adequate instructions within a reasonable time;

(d) Give instructions that are deliberately false or intentionally misleading;

(e) Act in a manner which makes it impossible for the firm to have a reasonable lawyer/client relationship with you or give instructions that causes us to consider that our services are not appropriate for your legal needs;

(f) Fail to accept advice we give you;

(g) Engage another law practice to advise you on this matter without our consent;

(h) Lose legal capacity;

(i) Indicate that you have lost confidence in us; or

(j) Fail to pay our accounts or deposit monies to our trust account as required from time to time.

If the agreement is terminated either by you or by us, you will be required to pay our professional fees and disbursements up to the date of termination, as reasonably determined by us in our sole discretion.

 Liability

To the extent permitted by law, we exclude liability for any consequential or indirect loss or damage which may arise in connection with this agreement.  Our liability for any and all loss or damage arising from or in connection with this agreement is limited to the total value of fees payable by you to us under this agreement.

Where we are acting for more than one of you

We are allowed to act jointly for clients only when their interests are not in conflict. We will assume that each of you has authorised the other to give instructions on behalf of both of you. You will be liable for our costs individually and together. 

The following will apply to our joint representation of you:

i. We will act in each of your best interests at all times and will not favour the interests of one of you over the interests of another, or allow anything to interfere with our loyalty to each of you or our judgement on your behalf. If we are unable to fulfil this, we will cease acting for both of you in the matter.

ii. If we receive information from any source that makes it clear that we are in a conflict by acting for you jointly (for example, if one of you advises us that you want to change your instructions without the other knowing), we will cease acting for both of you in the matter. We will take this course of action rather than being prevented from disclosing to each party all information relevant to the matter within our knowledge.

 General

If any part of any of these terms and conditions is void, then the part that is void may be severed. Other than any local laws applicable to you that by law cannot be excluded, these terms and conditions are governed by the laws of Victoria, Australia.