help me rate my conveyancer

I wonder if folks can help me 'rate' my conveyancer. I find the process frustrating, but not having much experience, I want to look at the situation fairly.

Here's the deal. I went with this firm, solicitor read my contract for free twice, so I thought great. Once I have the signed contract, it was passed to a conveyancer. It was with this conveyancer that I had some issues. Whenever I tried to ring or email her, I don't get a reply or get past reception UNLESS it's 2 days before deadlines, at which time, she manages to do the job. I asked her something a week prior to settlement (at this point I only resorted to emails) which she never replied, only to rush me into doing that exact thing a day before settlement.

Compared to my broker that I can call anytime, this is very different. I understand the current property market is busy and she somehow gets the job done last minute. So is this normal? Or what to expect from a good conveyancer or solicitor?

 

What did you ask a week prior to settlement?

 

does your agreement include advice via phone calls, or is this an extra fee?
a conveyancer's job is to transfer title from A to B. Generally once the contract is reviewed the rest can be via email - with them emailing you.

If you are paying a high fixed fee or an hourly rate it would be different

 

Not sure how this is a legal issue? Conveyancers are not legal services providers. Its like asking if your butcher rates as a proficient surgeon. A solicitor has a fidelity fund. Not a conveyancer

 

Not a legal issue, sorry. Still pretty new here, and this is the first one i see with conveyancing. Feel free to move admin.

I don't believe so. It's to clarify the info they sent me (contract date was wrong) and follow up on things to communicate with the seller (agent hasn't received it after 4 days).

Lender asked to confirm source of funds. So confirming if it should be on trust account (and details).

I've only dealt with a solicitor before, who always acknowledged email. Honestly, I was expecting to deal with the same solicitor who reviewed the contract for the rest of it. Didn't know it will be passed to a conveyancer. Anyway, i'm still learning how things work, thus asking questions like this.

 

With respect, there are a couple of points that need addressing in this post.

A distinction perhaps ought to be drawn between a conveyancer on the one hand and a Licensed Conveyancer. In NSW at least, a Licensed Conveyancer unequivocally provides a professional legal service to his or her clients.

A Licensed Conveyancer , by virtue of their licence granted through the Office of Fair Trading, following satisfaction of the relevant educational requirements to obtain a licence, is permitted to undertake conveyancing work.

Conveyancing Work is defined by S 4 Conveyancers Licensing Act as "legal work" carried out in connection with any transaction that creates, varies, transfers or extinguishes a legal or equitable interest in any real or personal property such as (for example) any of the following transactions—

1. a sale or lease of land,
2. the sale of a business (including the sale of goodwill and stock-in-trade), whether or not a sale or lease of land or any other transaction involving land is involved,
3. the grant of a mortgage or other charge.

Specifically, the Act provides that conveyancing work includes

1. Legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to any such transaction, an
2. Legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to any such transaction, and
3. any other legal work that is prescribed by the regulations as constituting conveyancing work for the purposes of this Act.

The Act then goes on the specifically state what does not constitute conveyancing work - see link to relevant section if interested.

CONVEYANCERS LICENSING ACT 2003 - SECT 4 Conveyancing work

A Licensed Conveyancer can also prepare a Power of Attorney under the conditions imposed by the Conveyancers Licensing Act (being consequential or ancillary to a conveyance) and any Conveyancer who has completed an approved course, can prepare, advise, peruse, give advice etc on an Power of Attorney (whether Enduring or not), and witness that power of attorney as a prescribed witness. The crux is that it must be consequential or ancillary to a conveyancing matter.

If a Licensed Conveyancer is authorised to undertake legal work, and in doing so provides a service to consumers, then a Licensed Conveyancer is, by definition, a legal service provider.

I am unsure of the relevance of a fidelity fund given that it offers consumers protection against misappropriation of trust funds however consumers can be rest assured that in NSW at least, a fidelity find exists to protect consumers against such comparatively rare events by licensed conveyancers.

Property services compensation fund

For what it is worth, Licensed Conveyancers in New South Wales also carry compulsory professional indemnity insurance.

 

I've only used two mobs, one was recommended by the broker and while it was ok I wasn't super impressed (as you describe!)

This time I've gone to a solicitor and it's been chalk and cheese. I needed more in depth advice regarding deeds and structure. I think I've spent 3-4 hours on the phone and the cost has been extremely minimal. The vendor and REA have been completely painful and the Rea has basically verbally abused me for asking for a reduction as per B/P. Then refused a finance extension for 3 days. Throughout this I'm learning, paying the extra $200 from last time has been so much better value! Ironically they asked for an extension on settlement yesterday and when he called me he was nearly in tears of laughter with me.

I wouldn't stress as long as you're on-top of paperwork.

 

Thank you for sharing your experience. This is noted.

I should probably know this prior, but i didn't. Noob mistake and I'll make sure to check next time. Guess I was hoping that for things beyond the conveyancer's job, the solicitor will take over. I was happy to pay for a solicitor. Thanks.