Responsibility of Conveyancer

Discussion in 'Legal Issues' started by Rajiv Srivastava, 18th Aug, 2017.

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  1. Rajiv Srivastava

    Rajiv Srivastava Active Member

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    I bought a property last year and I used SunLegal Conveyancer. After Settlement I received a letter from conveyancer that Property is settled and Council Charges has been paid until such and such date and same for Strata and Sydney Water.
    Nine months after that I contacted strata and they informed me that they have not received Section 118 from conveyancer hence they don't know the details of new owner. I contacted conveyancer and then they sent another copy of Section 118. Finally I receive invoice from Strata which had unpaid balance from even before the settlement date.

    What are my rights now and when responsibility does conveyancer has for this matter.

    I had given Bank Cheque for all the disbursement that my conveyancer had asked me to. I did not make copy of those cheques. My Conveyancer left till the last minute to give me the disbursement details and I had go to the Bank Branch (Citi Bank ) to get the cheques made and took the bank cheque straight to Conveyancer office to make the time of 5PM on date before settlement.
     
  2. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    You conveyancer didn't leave it until the last minute to give you the disbursement figures, these are always within a few days prior to settlement as this is when the settlement date is confirmed and they can calculate the figure accurately.

    Contact your conveyancer with this as they should have the documentation verifying what has been paid. They'll be able to advise you best on what to do. It's quite possible that this is error was made by the strata corporation or the previous owner, not your conveyancer.
     
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  3. Terry_w

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

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    You should keep copies of everything for these reasons but you are responsible for the payment of this expense now.

    Trying to save money can end up costing more in the long run.
     
  4. Rajiv Srivastava

    Rajiv Srivastava Active Member

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    I have the settlement letter which says Strata Levys are paid until 31st Oct 2016. Then how come I am liable for these?
     
  5. Rajiv Srivastava

    Rajiv Srivastava Active Member

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    Yes, it should be few days before the settlement. I had been asking for 1 week and then I am given disbursement on 15th June at 12:26 PM for settlement on 16th June.
    Conveyancer has told me to get the cheque cancelled from the Bank. which I had requested but nothing has been done for last 2 months.
    I don't know what to do. Both Sec 118 and Cheque did not reach the Strata Company.

    Where do I go to sort this issue?
     
  6. JDM

    JDM Well-Known Member

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    I would speak with the conveyancer in the first instance to ask for their view on what has happened. It may be the case that the outgoings were actually adjusted 'as paid' and not paid. This means the purchase price was reduced to account for the seller's portion of the outgoings.

    The main thing you will need is the settlement statement to work out what has happened.
     
  7. Terry_w

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

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    You are the owner.
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    Why should I take responsibility for my own bills? :confused:
     
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