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Conveyancing issues.

Discussion in 'The Buying & Selling Process' started by KathrynW, 1st Sep, 2015.

  1. KathrynW

    KathrynW New Member

    Joined:
    6th Jul, 2015
    Posts:
    3
    Location:
    NSW
    I recently settled on an investment property for which I'd engaged a conveyancer (specialist conveyancing co) local to the area (600km distant from my home) recommended by a friend of a friend.

    The property was sold subject to an existing tenancy and I'm just wondering if the transfer of the lease is something the conveyancer should have handled - in particular a "rental adjustment" for rent paid in advance. The previous managing agent told me they are normally notified by the conveyancer/solicitor but they had not even heard the house had been sold. The contract clearly states "Subject to existing tenancy" on the front page, and the lease was attached. The managing agent said it was lucky I had turned up that day as the agency was about to send the next rent payment to the previous owner.

    The conveyancer also notified me of an incorrect settlement date! I have a letter with the settlement date clearly indicated in bold as "Monday 31 August" but received a call on Wednesday last week to say settlement was that Friday (28 August) When I said I was sure I'd received a letter saying 31 August, I was told no, the date is 28 August. Phoned my daughter at home and spent 20 mins helping her find the letter in the filing cabinet to check. Sure enough 31 August. When I called the conveyancer to confirm which date was correct I was told "Oh yes I found that letter just after I spoke to you - it was a typo" Some typo. No apology, no explanation and it meant a mad scramble and changing insurance and finance details, days off work and travel arrangements to get up there for Friday.

    They also delayed exchange of contracts two additional weeks "waiting for responses" that I was then able to obtain with one phone call. They have been generally uncommunicative. I haven't yet received their invoice but was quoted around $1300 for their service. I just hope there haven't been any other errors or omissions but I'm sure they remembered their own payment and I'm thinking of asking for a partial refund.. Does that seem reasonable under these circumstances?
     
    Last edited: 1st Sep, 2015
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,998
    Location:
    Sydney
    Depends on what you contracted for.
     
  3. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

    Joined:
    19th Jun, 2015
    Posts:
    1,235
    Location:
    NSW
    in NSW a good solicitor is about $1,000 or so more than what you were quoted here. Sounds like you are getting what you're paying for. :(
     
  4. KathrynW

    KathrynW New Member

    Joined:
    6th Jul, 2015
    Posts:
    3
    Location:
    NSW
    Thank you :) It's good to know it's a cheap price at least.

    From what I could see, in this particular location, there were two specialist conveyancing firms, a solicitor I was warned against (plus one that was recommended to me later) to choose from and all quoted around the same. The one I found later and have used for another purchase has been great so it is possible to get a good service at that price in this town.

    It was the property manager who told me that that notifiying re the rent adjustment usually comes from the purchasers conveyancer. I suppose I should have stipulated when contracting them that I'd like to be informed of the actual settlement date. I'll try and remember that for next time.