65ESpecial provisions relating to conveyancing agents

65E Special provisions relating to conveyancing agents (1) A conveyancing agent is not entitled to receive remuneration in respect of services provided in that capacity unless a valid appointment to act in that capacity has been signed, before the services are provided, by: (a) the party to the transaction for whom the services are to be provided; or (b) some other person: (i) who is lawfully authorised to sign on behalf of the person for whom the services are to be provided; and

Agents Licensing Act 1979 48 (ii) who is not a real estate agent or other commission agent or an employee or agent of a real estate agent or other commission agent who is acting for a party in the transaction. (2) A person may recover remuneration for services provided as a conveyancing agent although there is no valid appointment as required by subsection (1) if: (a) the party to the transaction for whom the services were provided has certified that the party was aware of the provisions of subsection (1) and has ratified in writing the appointment of the conveyancing agent; or (b) a court before which the claim for remuneration is heard is satisfied that in all the circumstances it would be unjust to deprive the agent of all or a part of the remuneration. (3) If an appointment of a conveyancing agent is terminated before the transaction is completed, the agent is entitled to recover the proportion of the quoted remuneration that is reasonable in the circumstances. (4) A person for whom a conveyancing agent is acting may request the agent to supply to him or her a bona fide quote of the cost of the services of the agent in respect of the particular transaction to which the request relates. (5) A conveyancing agent must, within 14 days after a request is made under subsection (4) by a person, supply to the person the information requested under that section. (6) A conveyancing agent is not entitled to claim a possessory or other lien over documents for the agent's fees or otherwise.