VIC Can I represent myself in a property purchase?

[Jim weston]

I wanted to get input on an issue I am currency facing.

We have negotiated the purchase of an apartment in Melbourne directly with the owner. The vendor's lawyer sent a contract that we filled in and signed and sent back to the vendor's lawyer. For some reason he is refusing to send it to the vendor to be signed because he received it from us and not from our lawyer.(We have appointed a lawyer just to do the conveyancing). Our lawyer has told us it is fine for them just to do the conveyancing and us to deal directly with the vendor's lawyer.

The Vendor's lawyer has written to me telling me he cannot answer me or pass on the contract to the vendor as this would be a conflict of interest. However, he has failed to explain what the conflict of interest could be. He has also apparently told the vendor that us not having a lawyer could impact on our ability to get a loan from the bank; despite the fact that we have been pre approved for our loan and the only thing holding up the transaction is the actions of the vendors lawyer.

Could someone let me know if there is something in Victorian property law that states I must have a lawyer send the contract that I have signed to the vendors lawyer otherwise he is not allowed to send it to the vendor for signing? It would seem strange if this was the case and would seem strange that my lawyer who is doing the conveyancing would tell me that I didn't need a lawyer if I didn't want one for the contract and the negotiating.

Many thanks Jim

 

[Tim W]

Victoria?
I'm in NSW, so factor that in when deciding how much notice to take of this reply.
--> There are numerous Victorian lawyers here who may well give you a better answer.

Perhaps the question is not in property law as you asked.
Rather, I suspect that, like in NSW, there's a Professional Conduct Rule
about not dealing directly with another party, where that party is represented.

Truth be, you're trying to make false economies on the property transfer.
You're trying to cheap-out on one of the largest single transactions of your life,
one that will define your financial being for at least ten or fifteen years.
Maybe, don't do that?

 

[Jim weston]

I wanted to get input on an issue I am currency facing.

We have negotiated the purchase of an apartment in Melbourne directly with the owner. The vendor's lawyer sent a contract that we filled in and signed and sent back to the vendor's lawyer. For some reason he is refusing to send it to the vendor to be signed because he received it from us and not from our lawyer.(We have appointed a lawyer just to do the conveyancing). Our lawyer has told us it is fine for them just to do the conveyancing and us to deal directly with the vendor's lawyer.

The Vendor's lawyer has written to me telling me he cannot answer me or pass on the contract to the vendor as this would be a conflict of interest. However, he has failed to explain what the conflict of interest could be. He has also apparently told the vendor that us not having a lawyer could impact on our ability to get a loan from the bank; despite the fact that we have been pre approved for our loan and the only thing holding up the transaction is the actions of the vendors lawyer.

Could someone let me know if there is something in Victorian property law that states I must have a lawyer send the contract that I have signed to the vendors lawyer otherwise he is not allowed to send it to the vendor for signing? It would seem strange if this was the case and would seem strange that my lawyer who is doing the conveyancing would tell me that I didn't need a lawyer if I didn't want one for the contract and the negotiating.

Many thanks Jim

Thanks Tim. Will wait for someone in Victoria to respond.

 

[Rod]

You can make a contract without a lawyer, but why would you?

I agree with Tim, in that if you have a lawyer as a conveyancer the other lawyer cannot deal with you UNLESS he gets a letter/email from your lawyer saying he is not acting for you on the sale.

 

[Jim weston]

Thanks Rod. Appreciate your input. Have used lawyers all over the world for a variety of contracts. Have no problems paying for the services of a lawyer when they are required. In WA have never used a lawyer for a property settlement as in WA they have Settlement Agents and there is no need to use a lawyer as most O&A's are very straightforward. In Victoria if I was buying a commercial building I would certainly use a lawyer and next month when we purchase a business and the commercial lease that goes along with it, we will be looking for a lawyer to do that work for us.

However, this particular purchase is a very straightforward and the only things that could be changed on the contract are the dates of deposit and finance approval. Our lawyer has already told the other lawyer via email that they are only acting for us on the conveyancing. So based on what you have said above it appears there is no legal reason why the vendors lawyer should not have the contract sent to the vendor for signing.

I was also very surprised to hear that the vendors lawyer had told the vendor that we might struggle to get finance approval if we were not using a lawyer for the contract/negotiation part of the purchase. I checked with my bank, and they were bemused by that.

Anyway thanks for the input we will see if the vendors lawyer sends the contract to the vendors tomorrow, and if they don't I guess we will have to looka t what to do next.