Ill-informed conveyancers hit pocket of interstate counterparts
Queensland lawyer says she is fed up holding the hands of poorly trained practitioners involved in house moves to the sunshine state.
CONVEYANCERS are hitting the profits of counterparts on interstate transactions.
That’s the view of one Queensland lawyer who is fed up with holding the hands of poorly trained interstate practitioners involved in house moves to the sunshine state.
Renee Zackeresen says she is having to deal with conveyancers who do not understand the basics of Queensland Conveyancing Matter handling on a weekly basis.
That – and dealing with large conveyancing law firms where files are run by conveyancing paralegals offering bargain-basement, but misleading fees – is increasingly hampering the sole trader’s ability to make a reasonable living.
“I’m trying not to complain. I love my clients, especially first home buyers,” said Renee.
“I love watching them buy their new home.
“But having to do all this extra work – especially when dealing with interstate law firms – is becoming a real issue.
“Sometimes I have to hold the hands of other people to get a matter pushed over the line – to be paid $880 for the professional fee.”
Renee says the root of the problem dates back to the late 1990s and early 2000s when discount conveyancing service providers began undercutting professional fees.
“They dropped the price of professional fees, and everyone had no choice but to follow suit. It just about killed us all,” she said.
The rise of low-cost conveyancing firms has also introduced hidden fees that many clients only discover after signing up.
“There are places out there charging next to nothing, but they also charge extra hidden costs that they don’t advertise,” Renee explained.
“Clients aren’t aware of these until they’ve already signed up, and then suddenly, all these extra fees are added on top.”
Renee acknowledges that Lexon – Queensland’s professional indemnity insurer together with the Queensland Law Society – introduced a conveyancing protocol to crack down on rogue practices.
One of Renee’s biggest frustrations is dealing with out-of-state lawyers who don’t understand Queensland’s strict conveyancing rules.
“Today, for example, I get an email from a NSW law firm saying, ‘Our client wants to settle the day after the date for settlement without penalty. Please suggest.’
“I fired back with: ‘Dear colleagues, would you please provide notice of exactly what you are wanting. You must give notice properly under an REIQ contract. Regards.’
”I am still waiting for a proper response”
“In Queensland, time of the essence of the Contract is very strict.. Any request for an extension should always state, ‘Time remains of the essence.’
“NSW and Victorian lawyers seem to think they can just give notice a couple of days later or the next day. No. That’s not the case. You’ve got until 5:00 PM. I can breach you. You don’t understand.”
Renee warns that interstate practitioners who fail to follow Queensland’s strict conveyancing protocols could one day find themselves facing serious legal and financial consequences.
“Someone up here, who is starting to feel like I am, is one day just going to breach your client – and it’s going to cost you a whole pile of money,” she warns.
“We are required to follow protocols if we want to be insured properly.”
And the problem is growing with more uninformed practitioners attempting to operate in the state without proper knowledge, according to Renee.
“I get agents sending me work where the buyer’s solicitor has never practiced in Queensland law before.
“They don’t understand that we don’t have a vendor disclosure statement up here. They don’t get the process.”
While Renee is happy to educate those willing to learn, she believes that any lawyer handling interstate transactions should take the time to properly understand local regulations.
“I had a firm in Victoria that referred work to me, and I referred work to them.
“They actually paid for some of their staff to come up and do training with me on Queensland conveyancing processes so they had a proper understanding of how it worked.
“I don’t mind helping people.
“But I shouldn’t have to hold someone else’s hand just because they decide, on a whim, to start practising up here.
“That is dangerous.”
