These are the terms and conditions on which McManus & Co Pty Ltd (t/a McManus Conveyancing and McManus & Co Lawyers) will provide you with conveyancing services for your sale.
You will be taken as to accepting our fees, together with our terms and conditions by continuing to instruct us in this matter.
Please note, our retainer does not extend to providing you with financial advice regarding the commercial viability of the transaction, its tax implications or other financial advice. Should you require such advice, please speak with your accountant or seek the advice of a financial adviser.
How we work
We will primarily contact you by email, if possible. You agree to provide a secure password-protected email account and access it on a secure computer. We may also contact you by phone or letter depending on the circumstances and the information that is required to be conveyed. If you have preference as to how you would like to be contacted, please let us know as soon as possible so that we may so far as possible accommodate your wishes.
We use a variety of technology, including third party cloud based platforms, to store documents, communicate with clients and government departments, complete electronic settlements and undertake other activities. We exercise due care and diligence in our use of such third party platforms and technology services to ensure that their security and management standards meet or exceed applicable security standards. Unfortunately, however, all third party cloud based platforms and technology services are at risk of cyber-crime attacks and cannot be guaranteed as completely secure. You consent to our use of these services to store your files, communicate with you and carry out other necessary tasks relating to your conveyancing.
Please note, all conveyancing transactions (with very limited exceptions) are now required to be conducted electronically. We are subscribers of Property Exchange Australia (PEXA), the online platform with which we conduct electronic conveyancing and Duties Online, the electronic lodgement portal for the State Revenue Office. More information is available at www.pexa.com.au and www.sro.vic.gov.au.
What we need from you
For us to be able to provide accurate, timely advice & assistance, we need you to give us accurate and prompt instructions to the best of your knowledge.
At the conclusion of your matter, any original documents provided by you or on your behalf will be returned to you by ordinary post. Should you wish to collect the originals, please let us know prior to your matter finalising.
We will retain all documents relating to your matter electronically for no more than seven (7) years. You authorise us to destroy any hard copy documents (except for original deeds, wills, leases and agreements) prior to the seven (7) years provided we retain an electronic copy of same for the seven (7) period. You authorise us to destroy any documents relating to your matter seven (7) years after the date of our final account.
If you request a copy of your documents within the seven (7) year period, they will be provided to you in electronic, not hard copy form.
Ending our engagement
You may end our engagement by written notice at any time.
We may end our engagement and cease to act for you by written notice:
If we consider we have a conflict of interest;
If you fail to comply with obligations of disclosure;
If you fail to accept advice we (or counsel) give you;
If you fail to accept an offer of settlement which we think is reasonable;
If you give instructions that are deliberately false or intentionally misleading;
If you engage another law practice to advise you without our consent;
If you ask us to act unethically;
If we consider that the mutual trust and confidence between you and our office has irretrievably broken down;
If you fail to pay as required; or
For other just cause.
If we cease to act for you:
We will not incur any liability as a result;
We will remove our name from the court record in any court proceedings;
You will receive a final account which will include all outstanding legal costs;
You must pay our legal costs up until the date when we cease to act; and
We retain the right to keep your documents until we are paid.
Conflicts of interest
We will not act, or continue acting, where there is a potential or actual conflict of interest. In rare circumstances, we may continue to act if and only if all parties are aware of the potential for conflict and agree in writing to us continuing. If, during the course of your matter, we become aware of any potential or actual conflict we will immediately bring this to your attention and we ask that you do the same.
The Uniform Law as applied in Victoria is applicable to legal costs in this matter.