Watch Out - Conveyancing in Victoria

Few consumers in Victoria are aware that almost anyone in Victoria can open a conveyancing business, without any qualifications, experience or insurance, and sell conveyancing services. The failure of regulators to prevent unqualified people from offering legal advice and conducting legal work in conveyancing transactions has spawned a conveyancing "black market". Until legislation is introduced to end the black market, consumers will remain at considerable risk.

The conveyancing industry in Victoria is largely unregulated. As Simon Libbis and Sandra Murphy, authors of "Conveyanceworks - All You Need To Know About Conveyancing In Victoria" observe:

"Conveyancers are not statutorily regulated in Victoria. There are no professional requirements or minimum education standards applicable to this industry. Anyone can open a conveyancing business and advertise for clients. This is regrettable, as untrained or inexperienced operators can inadvertently bring the industry as a whole into disrepute." (ConveyanceWorks All you need to know about conveyancing in Victoria by Simon Libbis and Sandra Murphy Hybrid Publishers Melbourne 2002 p.1-9)

Similarly, estate agents do not have sufficient knowledge of the legal requirements associated with Contracts of Sale, Section 32 Vendor's Statements or areas of law that create important obligations on Vendors and Purchasers alike. As Enzo Raimondo, CEO of the Real Estate Institute of Victoria noted:

"Entry-level requirements (for practitioners entering real estate) are far too lenient and low - at present you need a 50 hour course to call yourself an expert." (Enzo Raimondo, quoted in the Sunday Herald Sun October 13, 2002 p.78)

Neither conveyancers nor estate agents have any obligation to provide Vendors or Purchasers of real estate with legal advice about the purchase or sale of the largest asset they will ever own. Further, they are prohibited from giving any legal advice at all - because they do not possess the qualifications or expertise to provide, or to accept responsibility for, that legal advice.

As you make your way through the information provided in this website, you will gain an understanding of the real estate/conveyancing industry. Your discoveries will also give rise to many questions.

We draw your attention to our disclaimer, and suggest that your make personal contact with us. We are always ready to answer your questions, so please do not hesitate to contact us by telephone, email, fax or post.







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