For simplicity, the kits refer to the ‘buyer’ or ‘purchaser’ and the ‘seller’ or ‘vendor’ (depending on the forms used in your state). Find out whether the other party is employing a solicitor/conveyancer or doing their own conveyancing. If the other party is not acting for themselves, you deal with the appointed solicitor/conveyancer (or, more likely, their clerk).
When you communicate with the other party or the party’s solicitor/conveyancer:
ALWAYS do it in writing – email & FAX is acceptable.
If you reach any conclusion by telephone, confirm this in writing.
The solicitor/conveyancer probably has a lot of conveyancing jobs (they call them ‘matters’).
In all correspondence, include:
Their reference to the transaction
The name and address of the vendor and the purchaser (when applicable)
The name of the person in the solicitor/conveyancer’s office who is handling your transaction.
Keep copies of all correspondence.
Record all actions, such as telephone calls or inspections, in a diary.
You can reasonably expect normal business courtesies from a solicitor/conveyancer and their staff. Don’t expect the other party’s solicitor/conveyancer to help or advise you. You are not paying them to look after your interests, so they have no obligation to give you advice.
If you find the other party’s solicitor/conveyancer is being uncooperative or obstructive, discuss this directly with the other party. Advise the other party that it is causing delays and extra costs.
