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APPOINTMENT OF TRANSFERRING ATTORNEY

Hammond Pole Attorneys > Hammond Pole Blog  > APPOINTMENT OF TRANSFERRING ATTORNEY

APPOINTMENT OF TRANSFERRING ATTORNEY

The process of selling and eventually transferring your valued property can have many pitfalls if you do not receive the correct advice timeously.  It is therefore advisable to use transferring attorneys who can guide you and who you can trust to look after your interests.

Since you are the seller you have the right to nominate the conveyancer dealing with the transfer of your investment. We suggest that you do so cautiously and with serious regard for your own interests.

The seller is generally the party that is afforded the opportunity to appoint the transferring attorney.  This is due to the fact that the seller is at far more risk than the purchaser.

The authority for this approach is a leading court case dating back to 1903 between James v Liquidators of The Amsterdam Township Company the court declared that “when a person is under a legal obligation to do something to complete a contract, and the circumstances necessitates the appointment of an agent to do so, then that person has the right to appoint his own agent. Both by common law and by statue the seller is bound to pass transfer …“.  It is therefore that the seller has the right to appoint the transferring attorney.  This is however negotiable between the parties.

You should appoint an established law firm that specialises in property law and has the capability to manage and expedite the transfer process whilst giving you frequent and relevant feedback.

Hammond Pole Attorneys will gladly assist you with the transfer of your property if you decide to appoint us to ensure that the purchaser complies with the terms of the deed of sale and, if not, that the necessary steps are taken to enforce the terms. Our office will draft all the required legal documents and oversee the signing thereof. It will further be our responsibility to obtain the transfer duty receipt and clearance certificate (from council and HOA and sectional title, if applicable). Our office will coordinate lodgement of the documents at the Deeds Office once all legal and contractual requirements have been met.

We endeavour to register your transaction promptly and in a hassle-free manner whilst providing continuous, relevant and contextualised feedback, which we believe is the backbone of good customer relations and service excellence.

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