Conveyancing is the highest-risk area of law in terms of claims with the professional indemnity insurer. This is due to mounting threats of fraud, stamp duty obligations, and a sharp rise in property disputes. These challenges are transforming the conveyancing profession, making it more complex than before.
Because of the large sums of money moving through their systems, conveyancers and firms are in the crosshairs of cyber criminals and attempts at fraud are becoming more brazen and sophisticated.
The growing threat means we treat cyber security and technology as essential investments rather than optional overheads – a factor reflected in our fees. We offer high levels of technology, cyber insurance, and staff training because of the nature of the work we do.
Stamp duty can be substantial and the rules are complex. Surcharge duty may also apply depending on the purchaser’s circumstances, including their residency and ownership interests.
This area has become more complex and it is important to get the position right before exchange, as an incorrect assessment can result in significant additional duty, interest and penalties. Specialist duty advice should be obtained where there is any uncertainty.
Property transactions can give rise to disputes about inclusions, boundaries, access, easements, fences, trees, and driveways and other shared areas or services. These issues can be costly and time-consuming to resolve, particularly where the legal position or responsibility for maintenance is unclear. If a dispute arises, you may need a solicitor to act for you, rather than a conveyancer, which can result in additional legal costs and delays.
Buying and selling property are high risk transactions so you want the best person looking after you. When millions of dollars are on the line, chasing the cheapest solicitor or conveyancer risks overlooking the expertise and protection needed to navigate the transaction safely.
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Napoli Kemp Pty Ltd trading as Napoli Kemp Solicitors. ABN: 98 678 849 100. Liability is limited by a scheme approved under Professional Standards Legislation. Legal practitioners at Napoli Kemp Solicitors are members of the Scheme.
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