Please help ... with dodgy seller

cu@thetop, I'm not one of those clients. I have recieved great services from both conveyancers and lawyers in the past hence didn't see much difference between the two professionals. However that's also because in the previous transactions I was fortunate to have purchased from honest and good sellers who honoured our contract agreements.


So true. In fact some clients seem annoyed that the lawyer has the temerity to ask to be paid. How many times I used to get "we want to use you but conveyancing works are cheaper...if you drop your price we will go with you".Good luck. I even get people wanting my office to witness signatures (at no charge) who use conveyancing works (to save money) but don't want to travel to the CBD and pay parking.


In Qld anyway, gotta be careful trying to hold up settlement on non essential terms. Maybe settle under protest then advise agent not to release full deposit to seller as it is under dispue.
 
Hi RedApple,
I use Devita and Dixon Laywers in Perth for settlements. I think they have both conveyancers and lawyers.
I've never had to deal with a situation like yours but it's worth a phone call I think to see if they think they can send the heavies around :)

http://devitadixon.com.au
 
Thank you thatbum :)

Thanks everyone else for your inputs & contributions. They make me feel so much better....it is really crap to be in my situation right now ~.~!
 
Hi Bats and all,

sorry for the late response ....

I booked a consultation session with one of the Perth lawyers the sommersoft members reccomended. She was great, read through the contract and says I don't have to settle until the seller gets the outstanding items done. In the mean time he owes me interest for everyday delayed.

The guy is seriously slack. Also, another strange thing is his settlement agent has been telling the sales agent and me that the seller's bank is not ready to settle :confused: she wouldn't disclose any details why.

A banker tells me it should only take around 1-2 weeks to release the property title (even if cross collateralised), in this case the delay has been over 3 weeks and his bank is still uncertain when they'll be ready to settle....wierdddd


My settlement agent just asked me if I'd consider putting a caveat on the property to prevent the seller from selling it to somebody else ...
 
My settlement agent just asked me if I'd consider putting a caveat on the property to prevent the seller from selling it to somebody else ...

goes without saying.

the bank delay could be legit. I sold a place a couple of years ago and it sounds weird but there was confusion about who the mortgage was with so the wrong bank turned up to settlement. by the time everyone figured out what was going on we had to get the other bank onto the case and they took about 2 weeks from memory to find a title held in a sydney vault and send it over here and it was xmas... it just went on and on!

on another settlement my bank (big 4) lost the title and couldn't find it for a couple of weeks.

delays happen....
 
Hi Bats and all,

sorry for the late response ....

I booked a consultation session with one of the Perth lawyers the sommersoft members reccomended. She was great, read through the contract and says I don't have to settle until the seller gets the outstanding items done. In the mean time he owes me interest for everyday delayed.


My settlement agent just asked me if I'd consider putting a caveat on the property to prevent the seller from selling it to somebody else ...

I'd put a caveat on just to teach the Seller a lesson in trying to be an ar$ehat. He might think twice about being so dodgy next time.
 
Hi all,

Update on the nightmare which I wonder what I've done to deserve this .....

Finally his bank is ready to settle tomorrow. The seller owes me a month's worth of delay interest which he flat out refuses to pay.

He's also keeping his tenant's bond (it was kept by him and not WA bond admin) and not giving me any rental lease, rent statement or bond statement etc ....

The guy doesn't have keys for the house to let my property manager through for final inspection as he gave the tenants the only copy.

gosh ... how can anyone be sooo nasty.

Going back to my lawyer again tomorrow. Looks like I 'll have to take some legal actions against him .....
 
I'd be getting all the locks changed anyhow. This owner sounds Dodgy as, and it wouldn't surprise me if he really does still have a set of keys, and would go into the property after it has settled.... So for your sake and your new tenants I would get the locks changed as a minimum. This guy thinks he can do what he wants...
 
Hi all,

Update on the nightmare which I wonder what I've done to deserve this .....

Finally his bank is ready to settle tomorrow. The seller owes me a month's worth of delay interest which he flat out refuses to pay.

He's also keeping his tenant's bond (it was kept by him and not WA bond admin) and not giving me any rental lease, rent statement or bond statement etc ....

The guy doesn't have keys for the house to let my property manager through for final inspection as he gave the tenants the only copy.

gosh ... how can anyone be sooo nasty.

Going back to my lawyer again tomorrow. Looks like I 'll have to take some legal actions against him .....

I wouldn't be settling until you had the lease and bond sorted out. You need to get the lease assigned to your name otherwise you have a tenant without a lease.
 
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