Legal fees to be paid at settlement?

Discussion in 'The Buying & Selling Process' started by robertd, 27th Sep, 2017.

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  1. robertd

    robertd Member

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    When do the legal fees have to be paid exactly? Would a solicitor require his /her fees to be paid prior to remitting funds to my account or do they do it after?

    I signed a cost agreement with my guy at the beginning. Ive paid the 1st payment for doing the contract work.

    I anticipate that my solicitor might add extra fees on top because its been slightly more complicated due to my residency status.

    If I dont agree with his bill what can I do exactly? Can he hold back the settlement funds from me in the event there's a disagreement about the invoice?

    thanks
     
  2. kierank

    kierank Well-Known Member

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    From memory, solicitors will take their money at settlement.
     
  3. willair

    willair Well-Known Member Premium Member

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    If the property is in "Bangkok" the payment will be the least of your problems..
     
  4. Terry_w

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

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    What is your agreement with them?
    Usually they take them at settlement so they don't have to chase.

    Your costs disclosure document will tell you what you can do if you don't agree with the fees.
     
  5. larrylarry

    larrylarry Well-Known Member

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    Next time do fixed fees.
     
  6. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    We do all at the end. Many do half or all up front (in trust). Up to the firm.
     
  7. Victor

    Victor Member

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    In NSW, legal fees are paid upon settlement of an existing property purchase via auction. I disagree with this as the solicitor can just slap whatever fees they want and invoice you weeks later.
     
  8. Terry_w

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

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    Don't be silly!
     
  9. Victor

    Victor Member

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    Which part is silly?

    My recent(3 weeks ago) property purchase with a recommended solicitor left me with a sour note especially customer service.

    Firstly the solicitor:-
    1. didn't have the courtesy to inform me what are the fees.
    2. Didn't inform me the legal fees have to be paid on settlement.
    3. Rang me an hour before settlement on the day, to inform me of the settlement shortfall which was caused by the legal fees were supposed to be paid on settlement(which I wasn't made aware).
    4. Tax invoice came 3 weeks after settlement, with no room to dispute. I asked for a reduction in fees and was met with silence.

    As I was new to the process and I told my solicitor, my expectations were to at least keep me informed. Maybe in this part of the world, customer service by solicitors aren't common thing!
     
  10. Terry_w

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

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    All of it!

    Legal fees do not need to be paid at settlement, this is up to you and the lawyer to decide on.

    Lawyers need to enter into a costs agreement to charge fees higher than $750 - a written costs agreement otherwise the contract is unenforceable. For you to be charged fees you must have agreed to pay these fees.

    you must have also received a costs disclosure document which outlines what you can do if you dispute or disagree with the fees charged.
     
  11. Victor

    Victor Member

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    Like I said, I wasn't made aware of the fees needs to be paid on settlement and to be told an hour before settlement time when I am on Melbourne holiday with no access to St.George bank is really frustrating.

    I received the costs disclosure document 2 days ago, which is 3 weeks after settlement day. I raised my dispute with them on Monday to the firm director and was met with silence. I contacted t them on Tuesday and the director didn't bother to contact me back.

    Thanks for your advice. I learned something.
     
    Terry_w likes this.
  12. Terry_w

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

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    You could take further action.
     
  13. larrylarry

    larrylarry Well-Known Member

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    Feed should be agreed to upfront.
     
  14. Terry_w

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

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    I promise to give you a steak?
     
    larrylarry likes this.
  15. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    have to exceed $1500 ex GST and disbursements before formal disclosure required in QLD
     
  16. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    I get to see what the fees of conveyancers are when they act for seller as I sign the cheques. The advertised price is rarely what the final bill.

    Attached is my list for September of those that exceeded the advertised price. This only for those that we had funds in trust for the purchase side and that I signed the trust cheques for. If I went through the settlement statements to see cheque requests for those matters where the bank is providing all the money then there would be more.
     

    Attached Files:

  17. Victor

    Victor Member

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    RPI, thanks for sharing. I think the lesson here is to ask whether the price includes GST for starters and what services does it cover especially in the event of delayed settlement like mine.
     
  18. Terry_w

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

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    I think the lesson is to get the costs agreement up front - then you will know all the details.
     
    KateAshmor likes this.