TERMS OF ENGAGEMENT INFORMATION
1. Conveyancing Express is the trading name for the conveyancing division of Collins & May Law Limited (trading as Collins & May Law). Collins & May Law Limited are pleased to be acting on your behalf.
ANTI-MONEY LAUNDERING AND COUNTERING FINANCING OF TERRORISM REQUIREMENTS
2. In accordance with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, we cannot carry out any work on your file until we receive:
a) Proof of identification; and
b) Proof of address; and
c) Advice from you as to your source of wealth.
3. In certain situations, we may require further information beyond the abovementioned. If we request further information at any stage, then please note we cannot carry out any work on your file until we receive further information. The person responsible for your work will advise you as soon as possible if further information is required.
4. Please click here for further information which outlines why we require this.
5. We use a third-party provider, APLYiD, to verify your ID and proof of address electronically. You agree to also use this service to satisfy the legislative requirements. A text message will be sent to you asking you to complete verification of your ID and proof of address electronically.
6. We offer fixed costs for our Services (as advertised on our website and which may change from time to time) strictly upon the basis that you (including each party in the transaction) verifies your/their ID and proof of address electronically though the third-party provider APLYiD. If you are unable to complete the process electronically, then please contact us as soon as possible. Please note we reserve the right to charge an additional fee if ID and proof of address cannot be verified by this means.
7. If you have already provided us with this information previously, we do not require this again unless they have expired, or your circumstances have changed.
8. There is a fee of $17.25 per person charged by APLYiD and this will be a disbursement charged to you.
CLIENT CARE COMMITMENT
9. We are committed to doing our best to ensure that your needs are met in this matter. We will:
a) Protect and promote your interests;
b) Discuss with you your objectives and how they should be achieved;
c) Act competently, in a timely way and in accordance with instructions received and arrangements made;
d) Provide you with information about the work to be done, who will do it and the way the services will be provided;
e) Protect your privacy and confidentiality;
f) Treat you fairly, respectfully and without discrimination;
g) Give you clear information and advice;
h) Keep you informed about the work being done and advise you when it is completed;
i) Charge you a fee that is fair and reasonable and let you know how and when you will be billed;
j) Let you know how to make a complaint and deal with any complaint promptly and
k) The obligations we owe to our clients are described in the Rules of Conduct and Client Care for Those obligations are subject to other overriding duties, including duties to the Courts and the Justice system. If you have any questions, please contact us on (04) 566 5775 or the Law Society on 0800 261 801 or lawsociety.org.nz.
PEOPLE RESPONSIBLE FOR YOUR WORK
10. A Director will have overall responsibility for your work. The Director will be assisted by other staff including a solicitor and/or legal executive. Please feel free to contact any member of our friendly team with any query you may have.
THE BASIS OF OUR CHARGES
SET FEE
11. We have fixed prices for a residential property sale and a residential property purchase for a fee simple or cross lease property (please note for a unit title additional charges apply) and a property refinance and finance only.
12. Different charges apply for the sale or purchase of company shares and occupation rights (company share unit) and where purchasing a property off the plans (turn-key purchase).
13. You can find Conveyancing Express’ fees for our Services on our website.
14. The fixed prices for the Services referred to in paragraph 11 above are advertised all-inclusive of GST, office services and disbursements and only apply to one residential property on each occasion.
15. Please refer to our fees page on our website for information on what our fees cover and additional attendances not covered in our base fee (where applicable). Additional attendances can be either:
a) Charged on a time basis (plus office services of 5% and GST); or
b) On a minimum set fee basis (plus office services of 5% and GST).
Please refer to the specific fees page(s) on our website for full details:
a) Property Sale
b) Company Share Sale
c) Property Purchase
d) Company Share Purchase
e) Purchase off the plans (new build)
f) Property Refinance
g) Property Finance
h) Discharge of Mortgage
16. Our advertised fixed fee for a purchase (of a fee simple or cross lease property only) is for a single residential purchase with one mortgage only with a New Zealand trading bank (ANZ, ASB, Westpac, BNZ, Kiwibank, the Co-Operative Bank). Please note additional charges apply for the purchase of a unit title property
17. Our advertised fix fee for a sale (of a fee simple or cross lease property only) is for a single residential sale with a single mortgage only. Please note additional charges apply for the purchase of a unit title property.
18. Our advertised fix fee for a refinance is for a single residential property with a single mortgage only switching to another New Zealand trading bank (ANZ, ASB, Westpac, BNZ, Kiwibank, the Co-Operative Bank) with a single mortgage.
19. Our advertised fix fee for a finance is for a single residential property with a single mortgage only with a New Zealand trading bank (ANZ, ASB, Westpac, BNZ, Kiwibank, the Co-Operative Bank).
20. If your conveyancing transaction involves matters outside of the above (such as but not limited to) a guarantee, collateral security, a company or a trust owning the property then there will be additional fees charged. Please find our fee schedules here.
21. We may increase our prices by giving notice on our website at any time.
22. If you are not located close enough to our Collins & May Law office or any Conveyancing Express branch to meet with us in person but still wish to use our services, we can still undertake your conveyancing. However, if any of your documents must be witnessed by a solicitor and you are unable to attend our office or one of our branches in person, you may have to visit another law firm located closer to you. If you are required to do this, you will incur a fee with the lawyer who witnesses you sign the documents. Any charges they have will be payable by you in addition to our fee.
TIME BASIS
23. Some additional attendances may be charged on a time basis. Please refer to our fee schedules for further details.
24. Our attendances for a company share purchase or sale are charged on a time basis. Please refer to our fee schedules for a company share purchase and company share sale here.
25. Our charges can also be affected by factors such as time, expertise, importance, urgency and results achieved.
26. While fees remain outstanding, we will retain ownership of your file and all original documents. These may be released to you only when your account is brought up to date.
OFFICE SERVICES
27. Our office services are payable in addition to our fee. Our office services fee is an administrative fee covering all administrative attendances on your file including opening your file in our management system, all telephone charges, internet charges, faxes, photocopying, scanning, undertaking title and PPSR searches online, postage and standard local courier fees (couriers outside of Wellington will be charged in addition to our fee). Our office services cover these administrative attendances at the rate of 5% of our fee plus GST.
BILLING ARRANGEMENTS
28. For all sale and purchases which are confirmed as unconditional (except turn key purchases as below), refinances, finances and discharge of mortgages our fees are payable on the day of settlement notwithstanding anything to the contrary on our invoice. For example, if our invoice states payment within a specified time (ie 14 days) and your transaction is settling within the 14 days, you must pay our fees in full on settlement.
29. For all sale and purchases which are not confirmed, an invoice will be rendered for our attendances on a time basis which is payable within 14 days of receipt.
30. Where our services are terminated, you must pay us all fees due up until the date of termination. All expenses incurred up until that invoice are payable within 14 days of the date of issue of the invoice.
31. We may require interest to be paid on any amount which is more than seven days overdue. Interest will be calculated at the rate of 15% per annum.
32. We may also deduct our fees from funds held on your behalf.
TURN KEY PURCHASES
33. If you sign an agreement to purchase a property “off the plans” where the property is not yet built and in any event prior to issue of the Code Compliance Certificate, we may render more than one invoice.
34. Upon confirmation of the Agreement, we will render an invoice for our attendances up until that point on a time basis for reporting to you on the Agreement (where this is not on the standard Auckland District law Society form) and for attending to any negotiations and amendments on your behalf. A further invoice will be rendered prior to settlement being our current base fee advertised on our website plus GST, office services, disbursements and any additional attendances. Please refer to our charges here.
35. If your account falls into arrears, we may cease working on your file until the arrears are brought up to date.
INTEREST BEARING DEPOSIT
36. There may be some circumstances where you would like us to hold funds on interest bearing deposit on your behalf.
37. New Zealand is one of many countries that supports the exchange of information between the Inland Revenue and Tax Authorities of other countries. What this means is before an account can be opened in your or the entity’s name, you must complete a Tax Residency Self-Certification form.
38. These forms are available upon request. If you will be requesting us to hold funds on interest bearing deposit on your behalf, please let us know as soon as possible so we can provide you with a form for completion. We will not be holding funds on interest bearing deposit until the form has been completed and returned.
CLIENT INFORMATION
39. We will keep all client information confidential unless we are required by law to hand over information including for purposes of an audit required by statute in New Zealand.
40. We collect personal information from you, including information about your:
a) Name
b) Contact details
c) Loan details
d) Property
41. We collect your personal information to comply with the requirements of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
42. Providing information is optional. If you choose not to provide proof of address and identification documentation, then we cannot carry out services captured under the Anti- Money Laundering and Countering Financing of Terrorism Act 2009.
43. You the right to ask for a copy of any personal information we hold about you and to ask for it to be corrected if you think it is wrong. If you would like to ask for a copy of your information, or to have it corrected, please contact us at mail@collinsmay.co.nz or 04 566 5775 or PO Box 30614, Lower Hutt, 5040.
HOLDING DOCUMENTS ELECTRONICALLY
44. We are now storing the vast majority of documents electronically. By instructing us to act on your behalf, you consent to our holding your documents electronically.
GENERAL
45. These terms of engagement apply to any current and also any future engagement in relation to our Services.
46. We are entitled to change these terms from time to time. The revised terms will be available on our website.
PROFESSIONAL INDEMNITY INSURANCE AND FIDELITY FUND
47. We hold Professional Indemnity Insurance that meets or exceeds the standards specified by the Law Society. The Lawyers Fidelity Fund also provides a limited form of cover up to specified maximums in certain circumstances, generally excluding investment moneys.
48. The Law Society maintains the Lawyers’ Fidelity Fund for the purpose of providing clients of lawyers with protection against loss arising from theft by The maximum amount to an individual claimant is limited to $100,000.00. Except in certain circumstances specified in the Lawyers and Conveyancers Act 2006, the Fidelity Fund does not cover a client for any loss relating to money that a lawyer is instructed to invest on behalf of the client.
COMPLAINTS
49. If you have any concerns or complaints that you prefer not to raise with the Director acting on your behalf, please contact Eugene Collins. We are committed to resolving any issues as soon as possible.
50. You can also contact the New Zealand Law Society Lawyers Complaints Service at 26 Waring Taylor Street, PO Box 5041, Wellington The telephone number is 04 472 7838 or 0800 261 801, fax number 04 473 7909.
CONCLUSION
51. We value your instructions and look forward to their successful completion.
