While e-dealing transactions are generally completed without difficulty, sometimes mistakes are made due to simple clerical errors that could have been avoided with a few simple checks prior to registration.

If these checks are not made and mistakes occur, practitioners will invariably face additional time and cost in order to rectify the problem. It is also important to remember that while in most cases such errors can be corrected (albeit with some inconvenience), any error has the potential to cause significant liability in particular circumstances.

Below are some examples of the kinds of clerical errors that can easily be avoided.

Common requests to correct mistakes on registerRiskConsequences if not fixed prior to registration
Discharge
Wrong Title reference entered in the Create Dealing screen for Auto-Reg dealings
The mortgage is incorrectly discharged off the wrong TitleBank has no security over the title. Bank will need to be contacted to give authority to re-register the wrongly discharged mortgage and then register the discharge against the correct title.
Mortgage
Wrong Title reference entered in the Create Dealing screen for Auto-Reg dealings
The new mortgage is incorrectly registered on the wrong TitleBank has no security over the Title. The bank will need to authorise the discharge of the mortgage incorrectly registered and then the mortgage will need to be registered on the correct Title.
Transfer
Wrong Title reference entered in the Create Dealing screen for Auto-Reg dealings (Example: vendor owns land in more than one title and the wrong title is selected)
The Title is incorrectly transferred to new ownersTwo new transfers will need to be completed to correct the error. A&I forms will need to be completed by the relevant parties. Extra fees will be incurred and time involved to re-do the work.
Purchaser's name incorrectly spelt or entered in the wrong order i.e. Surname in Given name fieldTitle will show the Surname and Given names incorrectlyWith the introduction of Correction of Name in Release 3.1 (September 2008), it is no longer correct to complete a correcting e-Transfer. Use the Correction of Name to update the Title with the relevant supporting evidence being held on file for compliance review.

Errors such as these should be corrected by the practitioner who made the error after obtaining the relevant authorisation from the affected parties as noted above.

What can I do to prevent these types of mistakes occurring?
  • Confirm the Title reference in the Affected Titles field is correct when you prepare your Instrument – check reference with the Title search on file
  • Check names from the proof of identity to confirm correct spelling
  • Use the tools available in the e-dealing system to assist with the preparation and checking of transaction details:
    • Display Transferor (displays the selected transferor name/s and any shares)
    • Display Transferee (displays the names as you have entered them in the Prepare Transfer screen)
    • Display Resulting Ownership (shows you how the final result will look on the title)
    • Preview
    • Pre-validate