19/02/2026
⚖️ Conveyancing, Choice & Fair Competition ⚖️
I recently became aware of a concerning practice at a well-known retirement estate that is worth sharing from a consumer and legal-ethics perspective.
In this estate, purchasers are required — when signing the Body Corporate rules — to commit in advance that any future sale of their property must be transferred by the developer’s original conveyancer. To compound this, a “consent to transfer” is required from that same firm, and this consent forms part of the Deeds Office transfer documents.
This creates a situation where sellers are effectively forced to nominate a particular conveyancer, not by choice, but by structure. In my view, this is potentially anti-competitive and ethically concerning. Sellers have a legal right to appoint their own conveyancer, and any system that removes or undermines that right should be carefully scrutinised.
Conveyancers are officers of the court and must remain independent. When administrative requirements are used as leverage to secure conveyancing instructions, it raises serious questions about fairness, competition, and professional ethics.
If you ever feel that you are being pressured or compelled to use a specific conveyancer through estate rules or consent mechanisms, please know that this is not something you must simply accept. Such conduct falls within the oversight mandate of the Legal Practice Council, and affected parties are entitled to raise concerns.
Healthy competition, transparency, and client choice are fundamental to ethical conveyancing — and they protect everyone in the property transaction.