Delivering Deeds in Escrow in Conveyancing Transactions

Wednesday, 12 March 2025

Legawise Conveyancing Symposium
Location: Sheraton Grand Sydney Hyde Park or Online
Topic: Delivering Deeds in Escrow in Conveyancing Transactions: Can the Escrow Trump the Terms of the Deed?

Full program link:

https://legalwiseseminars.com.au/seminar-details?event=14307536306

• From 2020, there have been cases in NSW, which have addressed the prickly issue of whether Deeds have been delivered in escrow. The mere fact that each party has the other’s signed counterpart does not in and of itself mean that exchange has occurred , if the documents have been provided subject to an escrow.

• Can a laconic email under cover of which a Deed is sent, lead to an escrow ? How about a casual conversation between professional colleagues ? Can that escrow trump the otherwise applicable rules as to exchange of counterparts?

• Can the escrow trump a clause in the Deed saying exchange is effected when the signed documents are provided to the all parties ?

• Can there be delivery of a Deed without handing it over, and there be a handing over without delivery ?

• What is the effect of delivery in escrow ?

• How does this all differ to the operation of simple contracts ?

This seminar will consider the effect of these principles on contracts relating to development of land, including agreements for settlement of disputes relating to the sale of land.