Conveyancer Issue

Discussion in 'Legal Issues' started by Mr Tony, 15th May, 2020.

Join Australia's most dynamic and respected property investment community
  1. Mr Tony

    Mr Tony New Member

    Joined:
    15th May, 2020
    Posts:
    2
    Location:
    VIC
    Hi all

    To cut an extremely long story short.

    I hired a conveyancer for the sale of my property- I am the vendor. They prepared two section 32 documents plus auction contracts. Now the section 32 documents, I wasn't aware they expire after 3months or need to be "renewed", nor was I notified until I received the final invoice.

    All prices were agreed upon via email. The conveyancer had some stipulations in regards to what happens in the event the buyer cannot attain finance, the property does not sell, or the vendor decides to withdraw the property from the market.

    Trying to keep it short here, we withdrew the property from the market due to covid19.

    Receive the invoice with a fee (almost totaling 2k) that is not only greater than the agreed prices, makes no sense whats over (to me anyway). I objected the invoiced and requested they explain why none of the pricing matches with the agreed pricing and furthermore why the invoiced total for a withdrawn property is greater than the agreed price if the property was SOLD. I then referred them to the stipulations in place in the event of a non-sale/withdrawal- I pay a fixed fee inclusive of GST 399$.

    I was met with verbal abuse and was told they do not need to explain anything and that their barrister has my file and will begin legal action if I do not pay. I told them there is no way I am paying an unjust invoice, more than happy to meet them in VCAT and let a tribunal decide how much I am required to pay and if they side against me, I'll pay.

    This wasn't good enough, I get a letter (from the lands and titles office) notifying me a caveat has been placed on my property on behalf of the conveyancer, the party lodging the caveat- also another conveyancer.

    Will be going to see a lawyer later on today, however would appreciate a different view on the matter and any advice.

    Thank you
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

    Joined:
    9th Jun, 2006
    Posts:
    30,887
    Location:
    Australia wide
    Never use a conveyancer. Unlikely they will be using a barrister.
     
  3. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    8,955
    Location:
    Melbourne
    Still pretty cheap tho - I paid about 3~3.5k with our solicitor

    The Y-man
     
  4. Archaon

    Archaon Well-Known Member

    Joined:
    20th Mar, 2017
    Posts:
    1,849
    Location:
    Newcastle
    I thought you couldn't lodge a caveat unless the courts rules in your favour @Terry_w ?
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

    Joined:
    9th Jun, 2006
    Posts:
    30,887
    Location:
    Australia wide
    The contract probably has a charging clause giving the conveyancer an interest in the house.
     
  6. Archaon

    Archaon Well-Known Member

    Joined:
    20th Mar, 2017
    Posts:
    1,849
    Location:
    Newcastle
    So they saw it as an opportunity to try to gouge the client?
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    20,384
    Location:
    Sydney or NSW or Australia
    I'm very wary of anything with the letters "con" in the word - CONveyancer, CONtractor, CONdobolin etc :confused:
     
    bunkai and Terry_w like this.
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

    Joined:
    9th Jun, 2006
    Posts:
    30,887
    Location:
    Australia wide
    This is often a common tactic with lawyers and conveyancers. I think the law society has warned lawyers about it and there are regulations for lawyers about it - but these don't apply to conveyancers.
     
  9. Archaon

    Archaon Well-Known Member

    Joined:
    20th Mar, 2017
    Posts:
    1,849
    Location:
    Newcastle
    No wonder they say cockroaches and lawyers are the only thing that can survive a nuclear blast.

    The OP should name and shame the conveyancors so others can steer clear.
     
  10. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    6,043
    Location:
    Australia
    Like to think if you get recommendations on this forum, you would weed out the sharks.
     
  11. Apollo

    Apollo Active Member

    Joined:
    19th Aug, 2019
    Posts:
    29
    Location:
    Aus
    This person is not a lawyer.
     
  12. Apollo

    Apollo Active Member

    Joined:
    19th Aug, 2019
    Posts:
    29
    Location:
    Aus
    And as a lawyer let me say that there are people like Terry who give fantastic free advice on this page. So comments about lawyers are probably not well thought through. Said by a lawyer who has spent 2,500 pro bono hours helping people who are victims of a property spruiker that a good number of people on this site have signed up to for hopes of quick profits. There are lawyers and then then there are lawyers.
     
    Bunbury, Single, marty998 and 7 others like this.
  13. Archaon

    Archaon Well-Known Member

    Joined:
    20th Mar, 2017
    Posts:
    1,849
    Location:
    Newcastle
    Perhaps my mentioning the adage was too harsh, I do value the efforts of Terry and others that contribute their time freely, they are a godsend.

    The PC community are a niche group, and not really representative of the wider public, there are most likely terrible landlords out there as well I expect.
     
  14. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

    Joined:
    25th Jun, 2015
    Posts:
    485
    Location:
    Melbourne
    Consumer Affairs Victoria, the regulator of conveyancers in Victoria, may be able to assist.
     
  15. Mr Tony

    Mr Tony New Member

    Joined:
    15th May, 2020
    Posts:
    2
    Location:
    VIC
    I have engaged a lawyer who has sent our a letter of demand for the immediate withdrawal of the caveat on the grounds it has been placed without a caveat-able interest.

    Now this silly woman wants to go to the magistrates court over her invoice...

    Seriously what is wrong with people? Going to VCAT isn’t enough, she didn’t foot the bill to get legal advice when placing the caveat, now she wants to engage in lawyers in the magistrates court.

    What a headache. She should’ve accepted 600$ and be done with it all. Now I really don’t want to pay her since shes caused so much strife with this caveat. I’ve taken 2 consecutive days off work, paid for the legal advice and LoD, shes already cost me in excess of 600$.

    How can it be just for anyone to just place a caveat on someone else's title WITHOUT reason!

    I will name and shame, I’m thinking of having a website made documenting the whole saga and linking into my google review of her business so everyone can see what they’ll potentially be dealing with- is this legal?

    THANK YOU FOR THE RESPONSES!
     
  16. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    15,146
    Location:
    Sydney
    People can do a lot of irrational things. That is why we have courts. Leave the emotional irrational responses aside. Won't change a thing. Google Facebook and other shaming efforts won't assist.

    One of the best things in legal disputes is silence
     
    marty998 and wylie like this.
  17. MC1

    MC1 Well-Known Member

    Joined:
    23rd Jun, 2015
    Posts:
    325
    Location:
    Melbourne
    Terry, off topic, but I didn't want to start a new thread.
    Is it true in VIC. that a purchaser automatically receives an extra 2 days grace on a finance clause expiry?
    This is a new one to me, never heard that before
     
  18. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

    Joined:
    9th Jun, 2006
    Posts:
    30,887
    Location:
    Australia wide
    I don't know, never heard of that and I don't do any conveyancing
     
  19. frank22

    frank22 Well-Known Member

    Joined:
    15th Jan, 2019
    Posts:
    162
    Location:
    Melbourne
    Not sure if this is the right forum for this question . I am planning on selling a property. How safe is the PEXA platform . PEXA mentions it covers an fraudulent actions up to the value of $2Million.I then asked the question ,what if the funds are misappropriated by the conveyancor or lawyer,changing the bank details of the vendor etc , they advised me to seek advise from the local authorities,VCAT or fidelity fund . What is your advise shall i go through a high end law firm that charges $1900 or a conveyancor for $800
     
  20. GoldDaze

    GoldDaze Member

    Joined:
    24th Feb, 2021
    Posts:
    13
    Location:
    Sydney
    Frank22 I have just read this oldish post & right at the beginning Terryw who over a long period of posting has proved his value on legal matters advises as endorsed by many on this site who have used his advice--'Do Not use a conveyancer"-- This original poster's story might surely be enough to convince you. I am not a lawyer or a conveyancer.
     
    frank22 likes this.