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Increased consumer risk with no licensed conveyancers in QueenslandJun 28, 2010 Recent property title problems in Queensland have highlighted the increased risk to property buyers and sellers in Queensland while the government continues to refuse to allow the return of the profession of licensed conveyancers. There have been no licensed conveyancers in Queensland since the 1980's, but the profession is thriving in other states. Licensed conveyancers undergo specialist training in conveyancing, Property Law and Contract Law, are backed up by specific legislation, and are covered by Professional Indemnity Insurance and Fidelity Funds to protect consumers. In Queensland, legally all conveyancing must be done by a registered lawyer or someone working under the direct supervision of a lawyer, in order for the transaction to be covered by the lawyer's Professional Indemnity Insurance through the Law Society of Queensland if something goes wrong. Buyers and sellers in Queensland however are not aware that they may need to double check that the "conveyancer" handling their property transaction is working as part of a legal practice under the direct supervision of a lawyer and they are covered by Professional Indemnity Insurance (PII) and a Guarantee/Fidelity Fund in the event something goes wrong and a consumer should seek recourse. It is quite in order for a consumer to ask their legal representative to provide them with details of their PII and the name of the Fidelity/Guarantee Fund which applies. The Australian Institute of Conveyancers has been campaigning for several years to allow the resumption of practice by specialised non-lawyer licensed conveyancers in Queensland, to no avail. In the meantime, buyers and sellers of Queensland property remain at risk. |
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