conveyancer dropped the ball

Gday folk,

Abit of a rant to help me feel better :)

Got a purchase going ahead (in settlement period at the moment), i requested early access to complete renovations to the place (painting in particular). Settlement on 16th feb, was sapose to take keys today.

Now here is the background correspondance.

1.) I told my conveyancer "I want early access to complete renovations"
2.) S/S "you will need to amend your insurance to cover, wait till ive confirmed you can"
3.) recieved emailed PDF of fax dialog stating.

- wether the vendor will grant access to the property 1 week prior to completion for the purpose of painting, cleaning and obtaining fencing quotes.

when the vendor replyed they said "Agreed to"

Now when my mother went down to pick up the keys and do final inspection (i was night shift) they said keys to be back to the estate agent by closing time and then she contacted conveyancer to see whats the go and she said thats how it goes.

now the painter has the shits, because i booked him in for 10/2 and he won't do the job on those terms which is bloody fair enough as he would have to go pick up the keys each morning, then go set up, get hardly any work done, then packup 4.30 to get back to the rea.

now when i contacted the conveyancer today, she said "i thought you knew that". i said i go by whats in writing, and that ******** she just told me is not in writing. She said she will try fix but i have no faith in her. She also said why can't the painter do normal hours, obviously she has no clue.

I should have been made well aware of this but obviously she thinks i have blood links to john f***in edwards and can read minds and speak with the dead

End of rant.
 
Communication problem - no one advised you of the terms, you were under the impression that you could pick up the keys on a set date before settlement date and never have to hand them back.


Unfortunately that is not how things work and you were not advised as such.

It is normal practice to pick up and sign for keys in the morning and return them in the afternoon and signing the return. It is very rare to have clear access to the property prior to settlement.


If you were able to have the keys no questions asked what’s to stop you moving into the place now prior to settlement?
 
mix of idea's :)

I'll just bite the bullet, what else gets me peeved is that i traded having the lawns done by the vendor, now besides the additional cost of waiting for the place to be tenanted due to having to have all work done after settlement, i have to fork out atleast 200 to have the overgrown lawns done.

ohhh well these things are sent to test us, could be a blessing in disguse, not use the same conveyancer for next transaction (done 2 threw her)
 
I generally don't allow pre-settlement access, either, but that's not the point. I think it's fair enough to be annoyed that the arrangements regarding keys weren't explained.

If you're going to allow pre-settlement access, then I don't really get what difference the keys being returned overnight makes, anyway.

1) If you're going to trash the place, you can trash it during office hours as easily as you can overnight.

2) What if he does move in? Who cares? If they're providing pre-settlement access they're obviously not using the property anyway.

3) You can get copies of the keys made during office hours anyway. (As Propertunity pointed out.)
 
mate, id be getting a copy cut, and hand the other set back to agent...

use ur own set :)

i didnt suggest this, just saying what could be done....
 
Nathan so cheecky :p

an update: sellers can't settle on 16th as they have some problem with the bank. Just gotta contact all the tradies now ;(

Another lady @ the conveyancing agency said she can issue a notice to complete, but cbf going down that path... i don't incur any fee's so its all good.
 
Nathan so cheecky :p

an update: sellers can't settle on 16th as they have some problem with the bank. Just gotta contact all the tradies now ;(

Another lady @ the conveyancing agency said she can issue a notice to complete, but cbf going down that path... i don't incur any fee's so its all good.
Why worry? You get 9% penalty rate on the balance? Let them drag as along as they like. Just ask your settlement agent to send them the letter to confirm the penalty interest not settled on the due date. :)
 
Why worry? You get 9% penalty rate on the balance? Let them drag as along as they like. Just ask your settlement agent to send them the letter to confirm the penalty interest not settled on the due date. :)

Because im the buyer i don't think i get anything. But its fine due to settle 27th
 
Why worry? You get 9% penalty rate on the balance? Let them drag as along as they like. Just ask your settlement agent to send them the letter to confirm the penalty interest not settled on the due date. :)

Im not 100% sure but i do not think that any interest penalty clauses go in fovour of the purchaser. Penalty interest is only payable by the purchaser and only after notice to complete has been sent and date exipred.. Other here will be able to confirm or deny this.
 
Im not 100% sure but i do not think that any interest penalty clauses go in fovour of the purchaser. Penalty interest is only payable by the purchaser and only after notice to complete has been sent and date exipred.. Other here will be able to confirm or deny this.

In WA, when you sign a contract and the agent /the owner should give you a copy of General Conditions of Sale of Land. It clearly outlines the right to settle and penalty to each party if not. Go find some one more experienced rather than a normal "qualified" lawyer - who may not know anything apart from charging you a lofty fee.
 
Pre-settlement access often fouls up at some point in my experience. I feel it's generally not worth it, unless it's a major job like a subdivision.
 
I agree Peter. If I'm selling there will be no early possession-unless there is something in it for me. Insurance problems etc. Buyer needs to insert as a clause if they need it.
 
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