Licensed Conveyancer - Conveyancing Transaction - Conveyancing Work - Legislative Requirements - Law Assignment Help

Assignment Task

1. Briefly set out your views on whether a licensed conveyancer is permitted to act for more than one party to a conveyancing transaction, for example, both the vendor and purchaser for the sale of land and residence at 5 Buckley Street, Collingwood. (To answer this question you will be aided by reading and quoting section 49 Conveyancers Act 2006 (CA) and the Conveyancers (Professional Conduct) Regulations 2018 (CPC) Regulations 14 and 15 and Schedule 1-Form 1.)

2. Connie Conveyancer pays $75 to Rufus the real estate agent for each conveyancing transaction he refers to her business. Is such an arrangement permitted under (CA) and the Conveyancers (Professional Conduct) Regulations 2018 (CPC)? (You will be assisted by reading and quoting again section 49 and Regulations 14 and 15, but this time Schedule1 Form 2).

3. A vendor cannot complete the contract of sale on the due date for settlement. You are the licensed conveyancer acting for the purchaser who subsequently rescinds (ends) the contract. The vendor does not respond to the Rescission Notice. To issue proceedings on behalf of your client vendor, in relation to the breach of contract you would need to prepare documents to institute proceedings in the County Court. As a licensed conveyancer are you allowed under the Conveyancers Act 2006 (CA) to draw the necessary documents on behalf of your client? (In your answer you will need to consider whether this work is conveyancing work you are permitted to do under s.4CA and , in particular consider s.4(3)(a)(i)CA).

4. Describe the legislative requirements of a licensed conveyancer, when referring a client to a third party service provider relating to their conveyancing matter, e.g. A title insurer or building surveyor. (You will need to consider and quote Regulation 18 Conveyancers (Professional Conduct) Regulations 2018 (CPC)and Form 2 which was also relevant to Q.2).

5. Set out in your own words, the day-to- day requirements in the Conveyancers (Professional Conduct) Regulations 2018 that you would apply to the practical conduct of your files in a licensed conveyancer’s office. It is requested you read, quote and set out in full two specific Professional Conduct Regulations from Regulation 6 to 20 inclusive e.g. Regs. 8. Fiduciary obligations; R.10 To perform work promptly and R. 20 Undertakings. After the Regulation you set out, state how you envisage you would apply the Regulation to the conduct of the client files for which you are responsible.
 

6. Briefly describe in your own words the legislative requirements under the Conveyancers (Professional Conduct) Regulations 2018 that a licensed conveyancer must consider before advising a purchaser client about their loan documents. Your summary should refer to the specific CPC Regulations (I suggest read and quote Regulations 25 & 26 in your answer).

7. Name two roles of other participants in the financial services industry that you may come across in your work as a licensed conveyancer.

8. What practices should be undertaken by licensed conveyancers to ensure client privacy and confidentiality? Explain the importance of such practices and the impact if not followed. Please read and quote Regulation 16 Conveyancers (Professional Conduct) Regulations 2018 and Privacy Act 1988. (You will be assisted by reading the Topic 4 materials called “Module Confidentiality on Privacy accessible on Moodle).
 

9. Consider the type of conveyancing work you might undertake when you obtain a conveyancing licence. Would you accept a retainer for all “conveyancing work”, as defined in s.4 Conveyancers Act 2006, that a client requests? Are there any limitations on the type of work you might agree to perform? (It may assist your answer to refer to Regulation 9 Conveyancers (Professional Conduct) Regulations 2018).

10. Conveyancers Act 2006 Part 3 refers to PROFESSIONAL INDEMNITY INSURANCE and s.41(1) states Licensee required to insure: “(1)     A licensee must not carry out any conveyancing work unless the licensee is covered by professional indemnity insurance in accordance with this section. “ Is Professional indemnity insurance defined in s.3 CA ? Then, after carrying out your own research, describe professional indemnity insurance and what do you understand a professional indemnity insurance policy would cover for a licensed conveyancer carrying out conveyancing work on behalf of a client? (Please read and quote sections 3 and 41 CA in your answer).

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