Settlement Adjustment Sheet

Discussion in 'Legal Issues' started by IceEX, 28th Jun, 2017.

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

    IceEX New Member

    Joined:
    28th Jun, 2017
    Posts:
    3
    Location:
    Sydney
    I received a final settlement adjustment sheet from my conveyancer for their services for the settlement of a property. I added up the figures, but they do not match – could someone more knowledgeable please comment whether my interpretation of the report is correct? (note: the $ have been simplified)

    Purchase Price: $550,000
    Balance due on settlement = $500,000 (-10% deposit then add strata/water/council, assume $5000)

    “The Cheque Distribution/Direction to Pay” (with bank loan of $453,000, then -$500 for their fees)
    (instructions from my solictor to the bank)
    1. [A Big 4 Bank] : $300,000
    2. [Vendor’s name] : $150,000
    3. [Vendor’s solicitor fee] : $1,500
    4. [My conveyancer fee] : $1,000

    TOTAL: $452,500

    I was advised by the conveyancer on settlement date to issue a cheque for $48,500 to cover the shortfall.

    $48,500 + $452,500 = $501,000.

    I cannot work out what the $1,000 extra is for, as my conveyancer fees should be covered in the “direction to pay” letter they sent to the bank right?
     
  2. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,138
    Location:
    Australia wide
    best to ask them.
     
  3. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,138
    Location:
    Australia wide
    where are the adjustments?
    Why assume $5000?
     
  4. IceEX

    IceEX New Member

    Joined:
    28th Jun, 2017
    Posts:
    3
    Location:
    Sydney
    The conveyancer had the council rates, water rates, and strata levy adjusted (pay 3 of the 91 days), with various certificates (eg. S184) and vendor discharge fee/deductions calculated to the balance. I simplified that section as the calculations fit - I wrote assume $5000 to make calculations easier.

    The balance due on settlement is fine, its more the cheque distribution section. Would the $1000 cheque fee mean they already received $1000 from the bank?
     
  5. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,138
    Location:
    Australia wide
    You will need to ask the conveyancer that.
     
  6. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,138
    Location:
    Australia wide
    Hang on isn't it for their fees?
     
  7. IceEX

    IceEX New Member

    Joined:
    28th Jun, 2017
    Posts:
    3
    Location:
    Sydney
    I looked over the calculations and it evens out if I add the $1k (their fee) to the "balance due for settlement" (ie. total $501k instead of leaving it at $500k). I should of ignored the "cheque distribution" as that was what made it confusing.

    Thanks for your comments Terry, prompted me think clearly! :)
     
  8. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,138
    Location:
    Australia wide
    The cheques are all given to the otherside - except one!
     
  9. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,648
    Location:
    Sydney
    Sometimes the legals and conveyancing are further complicated if you have paid a deposit towards final fees. The final fees will be due at settlement and reduced by the earlier amount paid. So it looks like the legals are $500 when you earlier had paid $1K and total is $1500

    When selling the agents commission is also often not shown but deducted from the deposit proceeds and sometimes if it hits the solicitors trust they may even reduce it further for their fees.

    Sometimes the settlement may also show a issue with FHB grants and credits....Payments to BAs etc.