Legal warning for broker templates

by AB19 May 2014
Brokers are being warned to be careful before using templates for contracts and other legal documents.
 
The warning comes from the Finance Brokers Association of Australia after advice from a leading lawyer explained risks with using template documents.
 
Rodgers Barnes & Green Lawyers senior associate Alexandra McVay said while all business involves risk, brokers need to be informed to decide whether or not the risk is acceptable.
 
“Templates are only tools. They act as a guide and often provide a structure for what might be appropriate in some transactions but often do not deal with all the things that may be needed in that transaction,” she said.
 
“A template contract may have all the headings and structure that your business contract requires but your contract may need provisions for warranties, indemnities and guarantees drafted that the template contract doesn’t contain.”
 
FBAA chief executive officer Peter White said this was good advice that should be adhered to by the industry.
 
“I know that many brokers use general templates, but there are several contracts – including privacy act documents – that should be specifically tailored to one’s own business,” he said.
 
McVay said if a contract or document does not contain provisions that will protect the brokerage business and interests, brokers may end up taking on legal risks for which they are not prepared.
 
“The legal document may be unenforceable, you may lose your rights, you may not have complied with your legal obligations and ultimately this may lead to litigation,” she said.
 
“You need to balance the saving in costs against the possible expense that may arise if legal risks are not adequately covered off.”
 
White warned brokers to make sure they are aware of the ramifications and risks of using a template and then decide whether the risk is worth it.
 

COMMENTS

  • by not so old broker 21/05/2014 9:59:16 AM

    That's really interesting because most law firms use templates to draw up contracts (and other documents) for their clients. Kettle calling the pot black?

  • by Lets think about this 21/05/2014 1:45:59 PM

    not so old broker,
    I think you are missing the point here. The FBAA and Ms McVay should be applauded for finally taking an educated stance on this. If you read what Ms McVay has written and I quote " Templates are only tools. They act as a guide and often provide a structure for what might be appropriate in some transactions but often do not deal with all the things that may be needed in that transaction,” It states quite clearly that ANY template is a structure document that needs to be filled with the relevant information to that persons business. So yes lawyers use templates but they fill them in to suit their clients needs as to brokers should behaving templates designed to their specific business needs!
    I have already seen brokers caught out for not having the relevant or correct information on templates that they have used from aggregators or banks and I don't plan to be one of them now that I have learnt about all of this.