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Hi everybody - George Sourris, Empire Legal.

Today's topic: Taking instructions from clients for QLD property transactions.

In a property transaction in Queensland, as the lawyer's acting on behalf of a buyer or a seller, it's critical that we only take instructions from...you guessed it - our clients.  

Who is allowed to give legal instructions to us for conveyancing?

The answer is very simple. Legally, our client/s are the only person/s who can give us legal instructions. Our client/s are easily identified. They are the person/s listed on the contract of sale. So,  the vendors who appear on Title, or the purchasers who are buying as per the contract of sale.

Why can't I let someone else give instructions on my behalf?

If you're buying or selling, you're the person responsible legally, either as the owner of the property, or the future owner. No one else can make decisions on your behalf. Well, that's not actually 100% accurate. You may be able to allow someone else to make decisions for you; if you've listened to our prior blog from a few weeks back, you would have learned all about Power of Attorney's or POA's.

A valid Power of Attorney is the only way we can take legal instructions from another person for a financial transaction, like a property sale or purchase. If you need help creating a valid power of attorney, our office can help. Without one, only the person who we are legally engaged to represent can give us instructions.

Scenario.

Say Sally is buying a property in just her name, and her husband, Bob, says he's the person in the relationship who "takes care of the finances", and he'll be the point of contact. What do we do?  We simply have to tell the client, who's Sally, that we're unable to legally take instructions from Bob.

Sally is the only one who we can receive instructions from, unless there's a valid power of attorney in play, allowing Bob the power to make financial decisions on behalf of Sally.  Keep in mind that just because a Power of Attorney may exist, you need to make sure the POA gives the appropriate power to the Attorney to make decisions on behalf of the Principal. Also, never accept a copy of the POA unless it's a certified copy or the original. 

What sort of instructions can I give?

We require all of our final instructions to be given in writing via email before we can act on them. We help thousands of people buy and sell property every year across Queensland, so don't worry, we have a great team and we make the process really easy for you, with all the information provided to you in a digestible manner.

If you get stuck you can email or call us and our friendly team are ready to guide you through the process to get you all the way to settlement. 

Why can't you just take my verbal instructions, George?

Great question, George. We cannot take your verbal instructions for a few reasons. Firstly, we need to make sure your instructions are unambiguous. A verbal conversation is often not recorded. An email is easily recorded and shows a clear chain of communication between us and our client. If either party wants to say down the line something didn't happen or there was an issue with an outcome, the conversation will be recorded and we can go back to it as a reference point.

Secondly, because our insurer obliges us. 

Why are you being so strict on this rule, George? My other lawyers don't care. Well, honestly, if that is in fact true, you probably need to get yourself a new lawyer. It's absolutely NOT okay to accept instructions from anyone but the client, or identified Attorney via a POA.

Would you let someone else access your bank account? Even if you would, the bank won't let you. As a lawyer, we have Solicitor Rules that we have to follow. Well, If you want to have a deeper look, here is the link to the Queensland Law Society's Australian Solicitor Conduct Rules.  So, guys, pick a conveyancing team that you can trust.

I suggest before you select a law firm to represent you, please Google them - do your research. You've got no idea if someone's being paid for the introduction. We don't do that at Empire. Jump on Google, have a read of our reviews, look at the competitors. If you're still unsure, give us a call. We'll answer our phone and we'll be friendly to you.

Thanks everyone. I really hope you've now gained a deeper understanding for legal instructions for Queensland conveyancing. 

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George Sourris. Empire Legal.

If you have any questions, you can email me: george@empirelegal.com.au. 

If this has added value, please share this blog / the YouTube video with a friend. 

Thanks for reading everybody. See you on the next one.

Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Brisbane, Queensland, Australia.

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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.