Unlicensed Mount Annan conveyancer convicted
20 August 2010
Minister for Fair Trading Virginia Judge today said a woman who operated an unlicensed conveyancing business in the Camden and Campbelltown areas has received two 15 month suspended sentences and been ordered to pay $7,567 in fines and costs.
Wollongong Local Court convicted Jeanette Ilene Adams of operating an unlicensed conveyancing business in violation of the Conveyancers Licensing Act 2003 and making and using a false document to support her application for a full conveyancer’s licence, in contravention of the Crimes Act 1900.
Fair Trading Minister Virginia Judge said people who want to practice conveyancing in NSW must be licensed with Fair Trading.
“Conveyancers who hold unrestricted licences can perform the full scope of conveyancing work, including preparing legal documentation and providing legal advice,” she said.
Ms Judge said Jeanette Adams held a restricted licence that prohibited her from carrying out conveyancing work, other than as an employee of a full licensee.
“For more than 12 months, she operated her own conveyancing business knowing she did not have the appropriate licence,” she said.
“Furthermore, she falsified a work reference from her former employer in order to have the restriction removed from her licence.
“Ms Adams operated dishonestly and illegally in an industry that requires total integrity.
“Consumers have a right to expect that people who are looking after their purchase or sale of a property will be appropriately qualified and be licensed to represent them in what is likely to be one of the largest transactions of their lives.”
The President of the Australian Institute of Conveyancers in NSW, Terry Allen, said that as the body representing licensed conveyancers in NSW, they are extremely supportive of the action taken by NSW Fair Trading in having an unlicensed conveyancer prosecuted to the full extent of the law.
Mr Allen said conveyancers set themselves a very high standard of professional behaviour.
“Anyone who gets involved in activities such as unlicensed trading should be prosecuted,” he said.
“The main concern the Institute has with unlicensed conveyancers is that they will not hold the appropriate insurances that have been put in place for protection of consumers if a claim for damages arises.”
Ms Judge said licensing requirements set clear standards for industry and protect the public when things go wrong.
“Consumers can check the validity of a conveyancer’s credentials by checking their licence details with Fair Trading,” she said.
“Consumers should also ask for references and contact details of recent clients.”
Check licences online at the Fair Trading website or call 13 32 20.
Unlicensed conveyancers who are successfully prosecuted can face fines of up to $11,000 under the Conveyancers Licensing Act 2003.
Those who are convicted under the Crimes Act face penalties that may include a custodial sentence.
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