Calculator – terms of use
Last updated: 28 September 2023
These terms and conditions govern your use of the conveyancing costs calculator featured on the website “valice.com.au” (the Site and the Calculator). The Calculator is owned and operated by Valice Law Pty Ltd ABN 76 665 176 616 trading as Valice™ (Valice, we, us and when relating to us, our). By using the Calculator, you confirm that you accept these terms of use and agree to comply with them at all times. If you do not agree with these terms of use, you must not use our Calculator.
We may amend these terms of use from time to time, without notice. Each time you access and use the Calculator, please review the current terms of use to ensure you understand the terms that apply at that time. These terms of use were most recently updated on 28 September 2023.
1 Purpose
The purpose of the Calculator is to:
- inform you of our fixed professional fee for acting for you in a standard conveyancing transaction (Legal Fee);
- provide you with a realistic estimate of the third-party costs you will incur in a standard conveyancing transaction (Third Party Costs);
- enable you to select any additional services you wish to engage in relation to your conveyancing transaction; and
- enable you to formally engage Valice as your legal representatives in your conveyancing transaction.
The Calculator does not take into consideration the exact property you are purchasing or selling, or your individual circumstances. This means that the Legal Fee and/or Third Party Costs for your conveyancing transaction may be different to the figures provided in the Calculator. We will inform you as soon as we become aware of any differences in such costs.
2 Third Party Costs
The figures used to calculate the Third Party Costs are based on the rates charged to Valice by InfoTrack Pty Ltd ACN 092 724 251 (InfoTrack). InfoTrack provides an efficient, reliable and secure platform for us to obtain the third party searches and certificates required for your conveyancing transaction. In consideration of this, InfoTrack charges a “re-seller fee” in addition to the fee charged by the relevant third party in respect of each search/certificate.
We do not charge a profit or a premium on top of InfoTrack’s fees, we will only charge you a direct reimbursement of the Third Party Costs we have incurred on your behalf and any GST where the liability arises. Our Legal Fee assumes that all searches and certificates will be obtained by Valice through InfoTrack, which enables us to offer fixed and competitive pricing.
3 Trust deposit
To formally engage Valice to act for you, we require you to make a trust deposit of $220 towards our Legal Fee. This deposit will be deducted from the balance of the total Legal Fee payable by you at the conclusion of your matter.
This deposit is refundable if you change your mind about engaging Valice any time prior to your initial Welcome Chat, at which point it will no longer be refundable as Valice has commenced work on your matter.
4 Assumptions
Our Legal Fee and Third Party Costs have been determined based on the assumptions set out below. If any of these assumptions are inconsistent with your individual circumstances, this may result in our professional fees and/or the Third Party Costs being different to the figures provided to you by the Calculator.
4.1 Third Party Costs
- For transactions involving the sale of a house, land only, farmland or acreage, the Third Party Costs assume that there are two dealings registered on the title of the property that are legally required to be annexed to the contract of sale. This is an estimate only as we cannot accurately determine the number of such dealings without first obtaining a title search for the specific property. We can confirm these exact costs with you after we have been formally engaged.
- For transactions involving the sale of an apartment (existing or off the plan), townhouse (existing or off the plan), or commercial or industrial property, the Third Party Costs assume that there are four dealings registered on the title of the property and common property (combined) that are legally required to be annexed to the contract of sale. This is an estimate only as we cannot accurately determine the number of such dealings without first obtaining a title search for the specific property and common property. We can confirm these exact costs with you after we have been formally engaged.
- For conveyancing transactions involving the sale or purchase of commercial or industrial properties, we have assumed that the property is part of a strata scheme. If the specific property is not part of a strata scheme, the Third Party Costs may be different to the figure determined by the Calculator. We can confirm these exact costs with you after we have been formally engaged.
- For conveyancing transactions involving the sale or purchase of any property, we have assumed that all vendors and purchasers will be individuals. In the event that a vendor or purchaser is a company, the Third Party Costs will also include a search of the ASIC register so can confirm the company’s legal status and details.
- For conveyancing transactions involving the purchase of any property, we have assumed that it is appropriate for a Priority Notice to be lodged on the title of the property to protect your interest as purchaser. However, there may be circumstances where a Priority Notice is not sufficient to protect your interests, and a caveat should be lodged instead (for example, if the expected settlement date is more than 90 days from the contract date). In circumstances where we lodge a caveat instead of a Priority Notice, the PEXA fee will be $18.70 (including GST) and the NSWLRS fee will be $165.40 (including GST) (being a difference of an additional $128.40).
- Where a Verification of Identity is required to be undertaken, we have assumed that the person being identified has access to a smart phone or tablet, and is capable of attending their preferred participating pharmacy in person with their original identity documents, for the purpose of a pharmacist verifying their identity face-to-face. If this is not possible and a Valice employee is required to attend an in-person meeting with the person being identified instead, this will incur an additional cost of $220 and must take place at Valice’s Barangaroo office location.
- For conveyancing transactions involving the sale or purchase of any property, we have assumed that the property will comprise one Torrens title folio identifier. If the property comprises more than one Torrens title folio identifier, the Third Party Costs will be greater than the amount determined by the Calculator as we will be required to order certain searches and certificates for each Torrens title folio identifier.
- The Third Party Costs do not include the third party costs associated with settlement of the purchase or sale. These costs are not incurred separately by Valice and will not appear on our invoice, rather they are incurred and paid by you (or your mortgagee) as part of your settlement. These costs are set out below:
Sale – Settlement Costs PEXA fee $132.66 NSWLRS fee – discharge of mortgage (only required if you had a loan/ mortgage against your property) $165.40 Total settlement costs (inc GST) $298.06 Purchase – Settlement Costs PEXA fee $132.66 NSWLRS fee – transfer $165.40 NSWLRS fee – mortgage (only required if you are getting a loan/mortgage to help purchase the property) $165.40 Total settlement costs (inc GST) $463.46
4.2 Legal Fee
- For conveyancing transactions involving the purchase of any property, our Legal Fee includes the review of one contract of sale only. Our Legal Fee to review additional contracts of sale is set out below (per contract review, including GST):
House, land only, farmland, acreage $330 Apartment, townhouse, commercial, industrial $440 Apartment (off the plan), townhouse (off the plan), house and land package $660 - We have assumed the following scope of work will be required for a standard conveyancing transaction comprising a sale or a purchase. If your matter requires us to undertake additional work to that set out below, we will charge you separately for this. We will always provide you with an estimate of our Legal Fee and any additional Third Party Costs for your approval, before we commence the additional work.
Purchase The work we will do: - Review and advise the purchasers on the terms of 1 x contract of sale of land (in the standard form most commonly used in the same Australian state/territory) (Contract) and any applicable vendor disclosure required in respect of the property. For off the plan purchases, or house and land packages, this also includes the associated building contract.
- Prepare and facilitate all approvals required to enable Valice to act on behalf of the purchasers via an electronic lodgement network operator (ELNO), such as PEXA or Sympli.
- Liaise with the representatives of the vendors in respect of any amendments to the Contract.
- Facilitate execution of the Contract by the purchasers and effect exchange with the vendors.
- Attend to lodgement of a priority notice / caveat (as applicable) on title of the property.
- Undertake and review relevant statutory searches in respect of the property and, as relevant, the vendors.
- Liaise with any incoming mortgagee in respect of settlement requirements.
- Prepare/review (and negotiate if applicable) all relevant land title documents and settlement adjustments, including any discharge of security.
- Manage ELNO workspace for the transaction and liaise with all other parties as required.
- Facilitate the assessment, and payment by the purchaser, of transfer duty, FRCGW remittances and GSTRW payments (if applicable) on behalf of the purchasers.
- Attend to settlement of the purchase on behalf of the purchasers.
- Attend to all relevant authority notice requirements on behalf of the purchasers.
Exclusions – work that we will not do: - Review any documents or undertake any due diligence other than as set out above.
- Provide advice on taxation issues (other than general transfer duty advice), such as FIRB, FRCGW or GSTRW matters.
- Provide advice on insurance, planning and/or development matters.
Assumptions – things we have assumed: - The vendors’ representatives will be commercial, competent and responsive in their approach and will not require significant handholding or chasing by Valice.
- The purchasers, and any of their representatives, will be responsive to Valice and will provide all information reasonably requested by Valice in a timely manner. All such information will be current and accurate in all respects.
Sale The work we will do: - Draft 1 x contract of sale of land (in the standard form most commonly used in the same Australian state/territory) (Contract) and any applicable vendor disclosure.
- Prepare and facilitate all approvals required to enable Valice to act on behalf of the vendors via an electronic lodgement network operator (ELNO), such as PEXA or Sympli.
- Liaise with the representatives of the purchasers in respect of any amendments to the Contract.
- Facilitate execution of the Contract by the vendors and effect exchange with the purchasers.
- Liaise with any outgoing mortgagee in respect of settlement requirements.
- Prepare/review (and negotiate if applicable) all relevant land title documents and settlement adjustments, including any discharge of security.
- Manage ELNO workspace for the transaction and liaise with all other parties as required.
- Liaise with the purchaser’s representatives in respect of any FRCGW remittances and GSTRW payments to be made by the purchasers in respect of the Contract (if applicable).
- Attend to settlement of the sale on behalf of the vendors.
- Attend to all relevant authority notice requirements on behalf of the vendors.
Exclusions – work that we will not do: - Review any documents or undertake any due diligence other than as set out above.
- Provide advice on taxation issues (other than general transfer duty advice), such as FIRB, FRCGW or GSTRW matters.
- Provide advice on insurance, planning and/or development matters.
Assumptions – things we have assumed: - The purchasers’ representatives will be commercial, competent and responsive in their approach and will not require significant handholding or chasing by Valice.
- The vendors, and any of their representatives, will be responsive to Valice and will provide all information reasonably requested by Valice in a timely manner. All such information will be current and accurate in all respects.