• Specific Year
    Any

CONVEYANCERS ACT 2006 - SECT 47 Costs disclosure

CONVEYANCERS ACT 2006 - SECT 47

Costs disclosure

    (1)     A licensee must, in accordance with this section, disclose to a client the costs of the conveyancing work that the licensee is to carry out for the client.

Penalty:     120 penalty units.

    (2)     A licensee must give the disclosure referred to in subsection (1)—

        (a)     before or at the time the licensee is retained by the client; or

        (b)     if it is not reasonably practicable to make the disclosure at that time, as soon as practicable after being retained by the client.

    (3)     A disclosure under subsection (1) must contain the following information—

        (a)     if the amount of the costs is known, that amount;

        (b)     if the amount of the costs is not known, the basis for their calculation;

        (c)     the manner in which the client will be invoiced;

        (d)     the following avenues that are open to the client in the event of a dispute in relation to costs—

S. 47(3)(d)(i) amended by No. 21/2012 s. 239(Sch.  6 item 10.4).

              (i)     making a complaint to the Director under Part 6.2 of the Australian Consumer Law and Fair Trading Act 2012 ;

S. 47(3)(d)(ii) amended by No. 21/2012 s. 239(Sch.  6 item 10.5).

              (ii)     making an application to VCAT under Chapter 7 of the Australian Consumer Law and Fair Trading Act 2012 ;

        (e)     any other prescribed information.

    (4)     A client of a licensee is not required to pay the licensee's costs if—

        (a)     the licensee does not make a disclosure to the client in accordance with this section; and

        (b)     section 48 does not apply.