You might like to consider that as Agents for our mutual client.
When a Commission and or any Vendor Marketing Investment or similar cost is requested as part of a settlement transaction, this should normally be part of the initial settlement instructions. Along with appropriate tax invoice - For G.S.T. purposes the name should reflect the TAX paying entity (not just the Settlement Agent name, but 'Seller name care of Conveyancer name and address' is generally OK.) As expected to be issued by the RE Agent office with the offer and acceptance, to the Seller nominated Settlement Agent.
That way if included into our initial instructions, we can request permission from our client to incorporate that payment into our Appointment to act.
The Settlement Agent does need to obtain direct written authority to include any such payment on a client's behalf with settlement.
Please note that just because a Real Estate Agent may have a contract for a mutual client to make a payment, that does not obligate the (Third Party) Settlement Agent to make such payment.
The client still can refuse their Settlement Agent to allow for that payment at settlement, since they may have made other arrangements to make any applicable third party payment(s).
Please include any third party payment requests in the beginning to avoid any miscommunication at settlement.
Thank-you for taking notice. :)
Why not contact A1 Conveyancing to discuss your title transaction needs.
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