Anyone Sued a Solicitor?

[Raddles]

Hi again Josko
it seems to me (but please check this with a QLD solicitor who doesn't fobb you off)
what you really need to do is just replace the form 24 with a correct one and make sure any form 1 refers to the correct document lodged at the titles office.

You possibly could do this without getting the bank's solicitor involved - do you have a titles office number which starts with a 7 something which refers to the correct trust?
you would then lodge a form 14 with a form 20 (which is the declaration part - and yes I scanned it in from an example on the DNRW site) - which is a declaration from you which gives a chronology of the matter and how there has been an error made - probably by the purchaser's solicitor relying on material supplied by the bank rather than checking for themselves - and you now need to rectify the register (in particular the form 24) to refer to the correct trust.
It may be you don't need to lodge a new form 1 - just a new form 24
Also just for your reference the purchaser's solicitor would have prepared the form 1 and left a space blank for the lodger - which is in this case the bank - the bank would have had no hand in preparing it. I do think your solicitor who did your purchase is trying to fobb you off - and I do believe you have grounds to lodge a complaint against them if they don't get off their backside and assist you in rectifying the titles register.
thanks

 

[josko]

Ah huh! Thanks raddles, kudo's to you for your wonderful knowledge which the two Solicitors I'm dealing with can't seem to sort out!

It's a funny thing trying to explain to a Solicitor that someone called Raddles on an online Forum suggested I do the above.

I'll leave that part out of course but suggest your idea as an idea to my Solicitor.

I have left a message for the bank's Solicitor to call, but he has probably told his secretary to stop all calls from josko!

I'll try again tomorrow and keep you informed. And yes, the number on the title starts with a 7 but I assume it is referring to the INCORRECT trust?

Regards JO

 

[Raddles]

Hi again Josko
do you have any other properties which are already registered in QLD referring to the trust which is the one you want to refer to?
if you do - what is required is a reference to the 7... number and you should then be ok
the other option is when you are lodging your rectification documents to lodge another copy of the correct trust - so once documents are filed at the titles office - all should be ok and the office of state revenue should leave you alone
thanks

 

[josko]

Yes I do have other properties in QLD under both Trusts.

So each trust is assigned a number. If anything this has been a good learning experience.

Thanks Raddles.

Regards JO

 

[Raddles]

Hi Jo
yes each trust has a number so that whoever does the lodging at the titles office doesn't have to take down an original trust document and copy to be filed each time a new property is purchased.
The first time a property is purchased by a trust - a copy of the trust document has to be verified by one of the counter staff at DNRW - they check every page and that copy is then kept with the transfer in that dealing - that way someone can refer to that trust just by number the next time (as a copy is already microfilmed and available for reproduction if necessary).
thanks

 

[Spectre]

Hi Jo

I spoke with our in house re your issue. As you've noted theres different dealing or instrument numbers - i.e. one per trust. Likely what happened is whoever processed your transfer didnt bother to check which was the correct. Or they didnt know so they just used the prior one.

She tends to think that if the OSR can hit you on the SD then they will.

 

[josko]

Hi Jo

I spoke with our in house re your issue. As you've noted theres different dealing or instrument numbers - i.e. one per trust. Likely what happened is whoever processed your transfer didnt bother to check which was the correct. Or they didnt know so they just used the prior one.

She tends to think that if the OSR can hit you on the SD then they will.

Oh bugger, don't tell me that!

I've left another message with Bank's Solicitor today. Time to ring again!

Regards JO

 

[Spectre]

Hi Jo

My understanding is it is more to do with the purchasers solicitor where the 'fault' lies
And your solicitor for not checking the transfer docs to make sure the instrument number was correct. However this happens...

Or more likely they could have been conveyancers who didnt check or had bad training.

From what she also said was since the introduction of the cut price conveyancing firms claims against firms have risen by 70%

 

[Raddles]

Hi there
and if there is any duty paid - that is the amount of the loss you would claim against the solicitor who has failed/is negligent about completing the documents correctly in the first place.

Jo - can I suggest no more messages by telephone - put it all in writing - you need to create a paper trail that you can use to rectify the titles register.

thanks

 

[josko]

Thanks Spectre and Raddles,

Yes you are right.

The bank's Solicitor is now telling me MY SOlicitor prepared the Form 24 which has the incorrect trust name on it and the fault lies with them.

He has suggested that I go back to my Solicitor and bla bla bla.....

Letter it is.

Would you suggest I send letters to both Solicitors? One of them has to be right?

(BTW, Bank's Solicitor has two files. One is an old loan with the bank on another property that was under the other trust. This could be how the trust got to the Ban'k's Solicitor.)

Ausprop, how are you going?

Regards Jo

 

[Raddles]

Hi Josko

I would be sending a letter to the purchaser's solicitor with a copy to the bank solicitor - make it self serving - as in it sets up a chronology of what happened (and can be evidence in any further litigation):

on x date we purchased a property with our trust which settled on x date
on y date we received an invoice from the office of state revenue demanding payment of $ land tax
it became apparent after a review of our files that despite all loan and other documents referring to the josko trust as purchaser, an incorrect form 24 has been prepared referring to the gosko trust which has caused the land tax liability to be crystallised

for the last x weeks I have telephoned both purchasers firm and bank on x y z dates requesting assistance in remedying the titles register.

I now require purchasers firm to remedy the titles register within the next seven (7) days at no further cost to myself. Should the purchasers firm fail to act, I will be lodging a complaint with both the Law Society and Legal Services Commissioner and reserve my rights to claim any consequential losses such as land tax from the purchasers firm.

I will require the bank to assist in this remedial action without further cost to myself as I consider the bank may have contributed to the problem by providing the incorrect trust copy to the purchasers firm.

Yours faithfully etc

Josko - did you get a new title with the purchase? if so you may still need the bank to produce the title at the land titles office to allow any rectification to occur.

thanks

 

[wylie]

Raddles..... it is good to know you are on this forum. What a helpful post.

Kudos to you.

 

[josko]

Oh WOW, thanks Raddles,

I tried to give you more Kudo's but it won't let me. You deserve 100!

I apologise that you had to practically spell it out for me.

I'm on to it first thing tomorrow.

Yes I did get a new title.

Regards Jo

 

[BayView]

I haven't sued a solicitor, but I was once solicited by a girl named Sue.

Or was that Stu, who looked like a Sue?

Hey, come on; it was King's Cross, 1.00am and I'd had a few. (well; a lot).

 

[josko]

I haven't sued a solicitor, but I was once solicited by a girl named Sue.

Or was that Stu, who looked like a Sue?

Hey, come on; it was King's Cross, 1.00am and I'd had a few. (well; a lot).

Well if you can't remember it can't have been that good. i hope it didn't cost you too much....he he he

Regards Jo

PS: Letters posted to Solicitor Friday. Isn't it terrible but I feel guilty like I have done something wrong!

 

[Raddles]

HI again Josko
please try not to feel guilty - particularly when you are at the moment in the firing line of the office of state revenue for land tax you should not have had to pay.

The people involved are obliged to help you remedy the situation - they created it in the first place.

I actually don't understand how it has taken so long for them to realise this. I know that I have made mistakes over the years - but I have fronted up to it - and dealt with it. Have often had to fix others mistakes too - unfortunately it comes with the territory - so don't feel guilty.
thanks

 

[josko]

Hi Raddles,

Thank-you a hundred times!

I have received a Declaration admitting a clerical error from the Bank's Solicitor when they lodged the Forms to the Titles Office and received this email from my Solicitor today. Note it has been 6 days, cut off day tomorrow.

Hi josko


We refer to previous discussions and ask that you forward the ORIGINAL Declaration of John Smith ABC Lawyers together with the ORIGINAL Josko Hybrid Trust Deed.

Once we have received same we will be in a position to correct the error on the title.


Regards Solicitor.

Happy Days. Looks like I am getting my Land Tax back afterall.

Regards JO

 

[nhb74]

Hi Raddles,

Thank-you a hundred times!

I have received a Declaration admitting a clerical error from the Bank's Solicitor when they lodged the Forms to the Titles Office and received this email from my Solicitor today. Note it has been 6 days, cut off day tomorrow.



Happy Days. Looks like I am getting my Land Tax back afterall.

Regards JO

*Hi-Five*

 

[LynnH]

Jo

How wonderful for you! 'Tis always good to hear that someone has had a win in such matters!

Cheers
Lynn

 

[Raddles]

Hi again Jo
good to hear they are finally on the case - hopefully it will be all sorted soon for you.
thanks