Buyer and seller chat messages and AI data leakage: what a settlement group chat gives away in ChatGPT or Claude.

Agents set up group chats between buyer and vendor to sort keys, inspections and moving dates, and clients forward them to their conveyancer when something needs advice. A conveyancer then pastes the thread into ChatGPT or Claude to summarise it or draft a reply. The chat is informal, so it holds what no formal document would: an alarm code, a bereavement, a pregnancy, the vendor’s whereabouts, the payout figure and a late request to send the proceeds to another account. This page marks every line in one such chat that bears on Scamwatch advice, NSW record keeping and the Privacy Act, and shows how the thread is handled on Ermos.

The buyer and seller chat messages

Forwarded to the practice by a client in the weeks before settlement, when a message in the agent’s group chat needs advice or has to go on the file.

Group chat: Lyrebird Pde settlement
Members: , · Forwarded to the practice by Joel on Thursday 29 October 2026

Mon 26 Oct, 4.12pm Tessa: Hi Dennis and Joel, I have started this chat so we can sort keys and the inspection without phone tag.

Mon 26 Oct, 4.15pm Dennis: Thanks Tessa.

Mon 26 Oct, 4.31pm Joel: Hi Dennis.

Mon 26 Oct, 4.40pm Dennis: Fine by me.

Wed 28 Oct, 7.40pm Dennis:

Wed 28 Oct, 7.44pm Joel:

Wed 28 Oct, 7.52pm Dennis: Righto. My solicitor says and the rest is mine.

Wed 28 Oct, 7.55pm Tessa: Dennis, any change of account has to come through Ines and nowhere else.

An invented chat between invented people. The alarm code is made up. Hover or tap any highlighted line for the analysis; the full list is below.

What leaves the practice

  1. 1
    The buyer and the vendor

    Two named people, one of whom is not the practice’s client. Personal information about both, in a thread the vendor has not agreed to see processed. Privacy Act guide.

  2. 2
    The alarm code and key location

    A way into a property, with a note of where the spare key is. Not personal information on its own, but with the address in the thread it is a security credential.

  3. 3
    The vendor’s bereavement and whereabouts

    A recent death, a daughter in another town and the dates the unit is empty. Personal information about a third party that has nothing to do with the advice the client wants. Privacy Act guide.

  4. 4
    The inspection time

    When the buyers will be in the unit. A routine time that the agent already knows, but combined with the address and the dates it shows when the property is occupied.

  5. 5
    A pregnancy and a due month

    Health information about a named client. Health information is sensitive information under the Privacy Act, which has stricter rules for its collection, use and disclosure. Patient data guide.

  6. 6
    The payout figure

    The vendor’s own estimate of what he owes the bank. Financial information about a third party. Privacy Act guide.

  7. 7
    The request to redirect the proceeds

    A vendor asking for money to go to another person’s account. Scamwatch lists payee details that change without notice as a warning sign of payment redirection, and a message like this is both a genuine query and a template for a fraudulent one.

  8. 8
    The buyers’ funding and settlement time

    That the buyers’ funds are arranged with a named bank and when settlement happens. The two facts a fraudster needs to time a message. Privacy Act guide.

  9. 9
    The agent and the agency

    A named agent at a named agency who set up the chat. Her name is on the listing, so it is not secret, but a fraudster could write as her.

What happens in Frontier Models (ChatGPT, Claude)

  • The whole document is transmitted to the provider’s servers. On personal plans the user cannot choose where it is stored or processed, and for the major providers that has generally meant outside Australia, under that country’s legal process. Some business plans offer storage in Australia, but the provider still receives the content.
  • On consumer tiers, prompts can be retained and used to train future models.
  • The provider’s staff and systems can reach the content under the provider’s own policies.
  • Once sent, the practice no longer controls it. Retention and deletion happen on the provider’s terms.

The same document on Ermos

Ermos Dominion

The document is drafted on a unit in your office, from your own templates and the matter file. Every marked item stays on the unit, which keeps working with the internet switched off. Nothing in it is transmitted to an AI provider, so there is no disclosure to analyse: the confidentiality work is the same as for your file server.

Ermos Edge

Your documents, the index and your access boundaries stay on your own instance in an Australian data centre. When a staff member asks for this draft, only their question and the excerpts they are permitted to see go to a named Australian provider, who is contractually barred from keeping the content or training any model on it. Nothing is processed outside Australia.

Frontier Models (ChatGPT, Claude)Ermos EdgeErmos Dominion
Where the document is processedProvider servers, generally offshore on personal plansYour instance in an Australian data centre; answers generated in AustraliaThe unit in your office
Who can read itProvider staff and systems, under policyYour staff, within the boundaries you set. The named Australian provider processes only permitted excerpts, under contract, and keeps nothingYour staff only
Is it keptOn the provider’s termsKept on your instance; the provider is barred from retaining itStays on the unit
Can it train a modelOn consumer tiers, yesNo, by contractOnly your own unit learns from it, on your hardware

Part of AI data leakage in conveyancing practices.

Common questions

Do ChatGPT and Claude use the information in buyer and seller chat messages?
Yes, a pasted thread is sent to the AI company's servers and processed there to produce a reply. As at October 2026, whether a conversation on a personal plan (ChatGPT Free, Plus or Pro; Claude Free, Pro or Max) can be used to train the models depends on a setting each user controls. Business plans (ChatGPT Business and Enterprise, Claude Team and Enterprise) and the developer APIs sit under commercial terms, and OpenAI and Anthropic each say they do not train on that content by default (OpenAI, Anthropic). On either product, the thumbs up and thumbs down buttons can send a whole conversation back for training. The thread holds an alarm code, a recent bereavement, a pregnancy and a vendor's request to send the proceeds to another person's account.
Can we use ChatGPT or Claude for buyer and seller chat messages if we remove the names?
No, because the chat still describes real people tied to one sale. Removing names rarely makes a document anonymous. Information stays personal information while the person is reasonably identifiable, and the OAIC warns that information can be at risk of re-identification even when it has been de-identified or anonymised. A named agent, a spare key, the dates the unit is empty and a late request to redirect the proceeds fit a single transaction, and the vendor has not agreed to the thread being processed. The Office of the Australian Information Commissioner (OAIC) recommends in its guidance on commercially available AI products that organisations do not enter personal information, and particularly sensitive information, into publicly available generative AI tools, because of the significant and complex privacy risks.
Does deleting the chat remove buyer and seller chat messages from ChatGPT or Claude?
Not completely. Deleting a chat removes it from the user's history, but OpenAI and Anthropic each say they can keep a deleted chat on their systems for up to 30 days, and longer where safety or legal obligations apply (OpenAI, Anthropic). A chat forwarded by a client is correspondence about the transaction, and AUSTRAC's record keeping guidance lists emails and other correspondence among the records a business may keep, so the practice should file the thread and know where its copies are.
How can a conveyancing practice use AI for buyer and seller chat messages without sending them to ChatGPT or Claude?
Ermos is built so the document stays under your control. On the Dominion AI unit it is drafted inside your office and none of it is sent to an AI provider. On Ermos Edge your documents and index stay on your own instance in an Australian data centre, and only the question and the excerpts the user is permitted to see go to a named Australian provider that is contractually barred from keeping them or training any model on them. The summary or reply is drafted from the forwarded thread, the client file and the practice's own reply template. The licensed conveyancer checks it before it goes to the client.
How do scammers use a settlement conversation?
Scamwatch describes payment redirection scams as impersonating a business or its staff, usually by email, to ask that an upcoming payment go to a different account. A chat about dates, amounts and who is paying gives a fraudster the timing and the cast. A late request to change an account is the sign to stop and phone a number already held.
Does a forwarded chat become part of the matter file?
AUSTRAC's record keeping guidance lists emails and other correspondence among records a business may keep, and NSW Government guidance requires a separate file for each transaction, kept for at least seven years. A chat the client forwards for advice is correspondence about the transaction, so the practice should file it and know where its copies are.
Does the Privacy Act cover details about the other party?
Personal information is personal information whoever it is about, so a vendor's bereavement or finances in a chat are covered if the practice is. A small business with turnover of $3 million or less is generally exempt, but the OAIC says the Act applies to personal information handled for AML/CTF obligations, which now include a conveyancer's work on a sale.

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