Where can I obtain a sample copy of the eContract?
A sample copy of the 2019 edition of the Contract for Sale and Purchase of Land is available for inspection here.
Publishers and Educational Institutions wanting to include the sample Contract as part of their publications or teaching materials must obtain a Copyright Clearance from the Copyright Officer by sending an email to CorpLegal@lawsociety.com.au. Use of the sample Contract by Publishers and Educational Institutions is subject to the Copyright Guidelines.
Can I use a previous edition of the Contract?
The Law Society recommends that you do not use prior editions of the Contract for the Sale and Purchase of Land.
The 2019 Edition addresses the residential off the plan reforms which, amongst other things, change the statutory cooling off notice on page 5 of the Contract for the Sale and Purchase of Land. The residential off the plan reforms are implemented by the Conveyancing (Sale of Land) Amendment Regulation 2019, most provisions of which commence on 1 December 2019, except important transitional provisions regarding cooling off notices, which commence on publication.
The new cooling off notice must be used for all residential off the plan contracts exchanged from and including 1 December 2019. A separate page containing the new cooling off notice is available on the ECOS portal. The new cooling off notice must be used for all other residential contracts exchanged from and including 2 June 2020.
The “Summary of main changes made in the Contract for the Sale and Purchase of Land 2019 Edition” document sets out the changes from the 2018 Edition. It contains information about the above changes and other updates made in relation to eConveyancing, the GST at settlement measure and the foreign resident capital gains withholding measure, and other legislative and practice updates. The Summary is available in the ECOS portal at the "About 2019 edition" icon.
What are the differences between each eContract type?
There are two types of eContract available for Quick eContract Purchase and five types of eContract for registered ECOS customers.
For Quick eContract Purchase, the types available are:
Suburban eContract type allows entry of standard types of property and land that are generally situated in urban and metropolitan areas. Suburban eContract types are houses, units, apartments, lots, or flats. Generally Suburban eContract types are for one-off purchases of a single dwelling.
Rural eContract type allows the entry of non-standard property and land descriptions that are usually associated with rural properties. This includes property names and descriptions.
In addition to Suburban eContract types and Rural eContract types, registered customers can access three additional types:
Multiple Properties on one contact is a variation of the Suburban eContract type and allows a number of separate properties to be listed in one contract. This function covers such things as strata title properties with separate garages. For each property listed in one eContract, the customer must select the primary address which will be used as the watermark on the clauses.
Multiple Contracts for Multiple Properties is a variation of the Suburban Contract type and allows a number of separate properties to be listed on multiple contracts. This function supports a quicker method of producing a number of properties at the same address without entering the information as single purchase contracts. Multiple Contracts for Multiple Properties will usually cover a series of apartments, townhouses or units at the same street address. One eContract is produced for each individual property. Up to 20 individual properties at the one street address can be created by this function and can be separated by commas. For example, if the properties for sale are unit 7, unit 11 and unit 18 at 23 Smith Street in Smithfield, the customer can enter 7, 11, 18 in the Address Range field for 23 Smith Street Smithfield and 3 contracts will be created; one for Unit 7, one for Unit 11 and one for Unit 18.
Multiple Contracts for Off The Plan Development is a variation of Multiple Contracts for Multiple Properties and allows a contiguous range to be entered. For example, apartments 1 - 100 is entered as '1 - 100' in the Address Range field. The cost of purchasing Multiple Contracts is calculated based on the range entered, however only one physical contract will be produced which can be used by the purchaser within the copyright limitations.
How do I reset my password?
A ‘forgot password’ link is available from the sign in page of eContract. This link will let you enter your email address that corresponds to your registration, and a new password will be sent to you.
Can I pay by cheque?
Currently only credit card payments are supported through eContract however pre-payment of a set number of contracts can be made in advance for registered users so that credit card processing isn’t required for each purchase. Should your practice or firm wish to pre-pay for a set number of contracts by cheque or EFT, this can be accommodated in certain circumstances. Please email details of the requirement to firstname.lastname@example.org and a member of our Finance team will be in contact.
How many emails will I receive?
You will receive a minimum of two emails and if you have elected to also have the front two pages of the contract, you will receive a third email. The reason for this number of emails is:
- The first three pages of the contract are optional and therefore they are sent separately.
- Should more than one contract be purchased, the invoice will contain a list of all contracts in the one invoice. The invoice is sent as a separate email so that it can be forwarded to the user’s account or finance department should this be required. The invoice will contain details of ALL contracts that have been purchased during the session.
- Each of the contract clauses will be watermarked with the address of the property and emailed separately. The address of the contract is in the SUBJECT line of the email to allow easy identification.
The exception is for Off the Plan contracts where only ONE electronic contract will be produced and watermarked with the details of the range of addresses. Should you wish to create individual electronic contracts for each of a range of properties, the Multiple Contracts for Multiple Properties option will allow you to produce contracts in this fashion.
For all Registered users, a copy of each contract and any applicable cover pages can be downloaded from MY HOME on the main menu.
Does each user have to create their own ECOS account, or can a generic account be created?
A generic account can be created using an email address that is accessible to all those users in your firm. However in order to receive the discounted rate as a Law Society of NSW member, the main registration has to be for the member. The LSID, surname and first name of the registered member will be authorised against the details held by the Law Society and if these match, the discount will be applied.
Will my credit card details be stored on ECOS?
Your credit card details will not be stored on ECOS and will be processed using a secure payment gateway. Authorisation codes are returned from the payment gateway to confirm the success of the transaction but no record of the specific credit card number, expiry, or CCV/CVV are kept by ECOS.
How many times can I download and/or print the eContract I purchased?
Once you have purchased a contract, you can use the downloaded copies, which will carry the watermarked address, for the purpose of exchanging contracts for that particular property. Only one copy of the contract needs to be purchased and can be printed as many times as required for that particular conveyance.
The copyright for the current edition as well as the previous editions of the contract are vested jointly with The Law Society of NSW and the Real Estate Institute of NSW. Full copyright guidelines can be found here.
What do I get with Quick eContract?
As the name suggests, Quick eContract affords the customer the ability to rapidly purchase a contract for a single dwelling either Suburban or Rural. There is no need to register or sign in. ECOS will produce two download files; the first contains the front pages of the contract in Microsoft Word format, and the second contains the remaining clauses in PDF format. The identification of the property is included on page 1 of the Word document and is watermarked across the PDF clauses. Both documents will be delivered to the email address entered in the Quick eContract screen.
What functions do I get if I register with ECOS?
Registering with ECOS is simple and allows the customer access to additional functions not available with Quick eContract. These functions include:
- additional contract types are available allowing multiple contracts to be produced
- pre-paid account credits and top ups
- save and return support for contracts to allow the customer to complete and purchase the contract at a later date
- member discounts for customers who are members of the Law Society of NSW
- a history of all purchases is displayed with details of all contracts purchased by the customer for the past 12 months
Registration is free.
Can I save an eContract and return to complete the details at a later stage?
Yes. As a registered customer of ECOS, you can save a contract to your 'My Home' page. The eContract will remain on the 'My Home' page with a status of 'In Progress' until it is finalised and purchased, or until it is deleted. The eContract remains accessible on ECOS for 12 months from the date the contract was created.
Can I edit an eContract I purchased after it has been generated?
The front three pages of the contract can be altered by you at any time and in line with the copyright of the edition you are using. Once the clauses for an eContract for a property has been generated, the property identification in the form of a watermark is finalised and cannot be changed. If you have made an error in the address spelling or similar, please use the CONTACT US form to let us know. If you provide details of the contract such as contract ID, we may be able to assist you.
Where do I download my purchase(s)?
Once your eContract purchase is complete, you should receive an email containing your eContract. Please note that this may take up to 2 minutes depending on the speed of your internet connection. For Quick eContract Purchases, there will be 2 download links on the Purchase Confirmation page to download the front pages of the eContract (Word format) and clauses (PDF). For registered customers, all eContract purchases will be listed on your 'My Home' page. Sign in to ECOS, go to 'My Home' page, and using the search criteria, find the eContract purchase you wish to download. Under the 'ACTIONS' column, select either the Word icon or the PDF icon to download the front pages, or the eContract clauses, respectively, for printing or storing in a folder in your computer.
eContracts created or purchased within the last 30 days are immediately available by going to 'My Home'. The Search function can be used to retrieve eContracts older than 30 days; ECOS keeps eContracts accessible for 12 months from the date of creation.
What browser is the best for viewing ECOS?
The ECOS site is optimised for viewing in Internet Explorer 9+ and Google Chrome 33+ so you may find that you have issues with older versions of Internet Explorer or Chrome. Mozilla Firefox and Safari are also supported but may present some site rendering issues