Victorian Consolidated Legislation

Property Law Act 1958 - SECT 48

Stipulations preventing a purchaser etc. from employing own legal practitioner to be void

48. Stipulations preventing a purchaser etc. from employing own legal
practitioner to be void



(1) Any stipulation or condition made on the sale of any land or interest in
land after the commencement of this Act to the effect that the conveyance or
transfer to, or the registration of the title of, the purchaser shall be
prepared or carried out at the expense of the purchaser by a legal
practitioner appointed by or acting for the vendor, and any stipulation which
restricts or might restrict a purchaser in the selection of a legal
practitioner to act on his behalf in relation to any land or interest in land
agreed to be purchased, shall be void.

(2) Any covenant or stipulation contained in or entered into with reference to
any lease or under-lease made before or after the commencement of this Act-

   (a)  whereby the right of preparing, at the expense of a purchaser, any
        conveyance of the estate or interest of the lessee or under-lessee in
        the demised premises or in any part thereof, or of otherwise carrying
        out, at the expense of the purchaser, any dealing with such estate or
        interest, is expressed to be reserved to or vested in the lessor or
        under-lessor or his legal practitioner; or

   (b)  which in any way restricts the right of the purchaser to have such
        conveyance carried out on his behalf by a legal practitioner appointed
        by him-

shall be void.

(3) This section shall not affect the law relating to the preparation of a
lease or under-lease or the draft thereof.

(4) In this section lease and under-lease shall include any agreement therefor
or other tenancy, and lessee and under-lessee and lessor and under-lessor
shall have corresponding meanings.