WHAT HAPPENS WHEN YOUR ID DOES NOT MATCH THE CONTRACT OF SALE?
February 3, 2021February 3, 2021

WHAT HAPPENS WHEN YOUR ID DOES NOT MATCH THE CONTRACT OF SALE?

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By In General, Property Law

Recently changed your name, been married, or you just changed your name because you felt like it did not suit you? If your ID does not match the Contract of Sale or your true and correct name is not on the Certificate of Title (which is now held electronically by the Queensland Titles Office) for your property (which is the document that shows who is the registered owner of the property), it could dramatically impact your conveyancing transaction.

With cyber security being more frequent, it has become even more important to ensure that when you change your name or get married, you also change ALL your identification to allow your conveyancer to be able to identify you. In order to identify you, we need to be able to match your name on the Contract to your name on your identification. If your ID does not match the Contract of Sale, we are unable to do this.

Throughout the lockdown period of COVID-19, Web Verification of Identity’s (“Web VOI”) became more beneficial and practical to be able to identify an individual through an online system as a posed to face-to-face. However, majority of the Web VOI’s are verified through a computer system and if there is a slight difference (i.e., an E instead of an È or missing a second middle name) the system will not mark you as successfully being identified. Therefore, it is imperative that you ensure all your identification matches the others and the Contract.

If you need to change your name on Title for a property you already own, you will be required to complete and lodge the following with the Department of Natural Resources Mines and Energy:-

  • Form 14 – General Request (completed, signed and dated);
  • Form 20 – Declaration (Annexure) (a statutory declaration setting out the circumstances of the change or correction of name);
  • Evidence of the name change or corrected name (original or certified copy); and
  • Payment for the lodgment.

Please keep in mind, the above is the current process and may be subject to change in future. Click the link for more information.

Whereas, when changing your name on a Contract for a property you are purchasing after you have signed, it is more difficult. Generally, most law firms will require a Deed of Rescission and New Contract to change or correct a name on the Contract, which is likely outside of the scope of the conveyance and will be charged in addition to the conveyance. However, it is dependent on the circumstances as to the best way to approach the situation as there are a lot of variables to consider (e.g., Stamp Duty and Finance applications).

Our highly skilled conveyancing team are well trained in the above process and are more than happy to assist. Please feel free to contact our office on 07 5563 8970 for assistance.