Q. Does a Buyer have to accept a transfer of land from a person who is not the Seller named in the Contract of Sale?
A. Generally, no. The standard REIQ Contract requires the Seller to give the Buyer at settlement a duly executed transfer of land, from them as Seller, capable of immediate registration, which means it must be a transfer from the registered owner of the land to the Buyer. If the Seller is not the registered owner of the land they can not give a transfer which complies with the terms of the Contract. A Buyer does not have to accept a transfer from a person that is not the Seller unless there is a Special Condition inserted in the Contract directing them to do so.
TIP: – If the Seller will not be the registered owner of the land at the time of settlement (eg. because the Seller is buying the property from a third party and on-selling simultaneously to the Buyer) the Seller must direct the registered owner to execute a transfer in favour of the Buyer (“a transfer by direction”). If the Seller needs a transfer by direction they must ensure there is a special condition in the Contract to that effect (ie. requiring the buyer to accept a transfer executed by the registered owner (who is not the Seller) and the Buyer needs to acknowledge that at settlement the Seller will not be the registered owner.
To know more about the transfer of land from a person who is not the seller, contact Ownit Conveyancing today.