Who gets to choose the Conveyancing Attorney?

Very often, in our practice, we are asked the question, “who gets to choose the Conveyancing Attorney?”, when you are selling your house or buying a property.

In terms of our Common Law, it is standard practice that the Seller is the one who is entitled to nominate the conveyancing attorney whom he or she wishes to deal with the transaction.

In the ordinary course, the costs are to be secured and paid for by the Purchaser. These would include the purchase price, transfer costs, and transfer duties. Due to these amounts usually being significant, it becomes a source of comfort for the Seller to nominate his or her agent to attend to the important job of securing these monies. The processes which are involved in a property transfer are complex and specialised, it is imperative to use the services of a firm that you have confidence in. A good conveyancing attorney will make the process seem seamless and largely stress-free.

It needs to be said, however, that the conveyancer acts on behalf of the Purchaser and the Seller. This is where it becomes interesting in that he or she acts for both parties and must ensure that the obligations set out in the Deed of Sale are fulfilled.

In essence then, the fact that the Purchaser is paying for the costs of the transfer does not give him or her the right to elect and nominate the attorney. This is the Seller’s prerogative.

The parties can agree to elect a conveyancer whom both are comfortable in appointing. If this takes place, then it should be noted in the agreement to ensure that no dispute arises in respect thereto, at a later stage.

To summarise, if you are selling a property, then you have the right to elect your conveyancing attorney.

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