Problem with a solicitor

[bettedavis]

Hi All

My settlement is on next Monday (today is Friday) and it is not still booked yet because my solicitor did not provide the requried forms to the bank so that they can instruct their solicitor to accept the settlement!!!

I understand settlement things normally happen in the last minute but is this normal?

I am just worried he didn't do a good job in terms of reviewing contract, preparing settlement statement, necessary searches, etc.

Can I sue him if something goes wrong after settlement? (not like I really want to sue him)

 

[Aaron_C]

What forms were they? The transfer of land document?

 

[mattysavager]

Maybe tell your solicitor that you want them to invoice you directly for their fees, rather than pay themselves from settlement funds.

Then if you're not happy after settlement, negotiate.

Also - there may be a good reason that paperwork was not sent in time. It's almost impossible to find out the delay due to the good old fashioned blame game.

Probably 1/3 of our settlements are delayed by a few days by either side, so as long as the parties have agreed, don't stress too much.

 

[Jamie M]

I understand settlement things normally happen in the last minute but is this normal?

Not normal but it does happen.

You get the odd conveyancer that you need to continually chase up. Just like any profession - there's good ones and not so good ones.

There's also many sides to the story in these types of transactions. Did your conveyancer tell you that they forgot or is this something the bank advised?

Either way, it's probably the transfer of land that they're waiting on - get them to send it asap and follow up to book in settlement.

Cheers

Jamie

 

[bettedavis]

Maybe tell your solicitor that you want them to invoice you directly for their fees, rather than pay themselves from settlement funds.

Then if you're not happy after settlement, negotiate.

Also - there may be a good reason that paperwork was not sent in time. It's almost impossible to find out the delay due to the good old fashioned blame game.

Probably 1/3 of our settlements are delayed by a few days by either side, so as long as the parties have agreed, don't stress too much.

Thanks. That's really good to know.

 

[bettedavis]

Not normal but it does happen.

You get the odd conveyancer that you need to continually chase up. Just like any profession - there's good ones and not so good ones.

There's also many sides to the story in these types of transactions. Did your conveyancer tell you that they forgot or is this something the bank advised?

Either way, it's probably the transfer of land that they're waiting on - get them to send it asap and follow up to book in settlement.

Cheers

Jamie

Hi Jamie. I am buying a townhouse so I dont think a land title trf wont be applicable, am I correct?

Yes I do agree there are many sides of the story, I am getting conflicting information from the bank, finance broker, and the solicitor. They are blaming each other. I heard from my finance broker that he did advise my solicitor to provide form 23, 24, and trf title something to the bank but she didnt attend the request and that's why the bank did not instruct their solicitor to prepare my settlement.

Then I called up the bank (almost held the line for an hour) then they told me there was a delay in relation to FHOG (which was taken care of the broker) blah blah blah.

So funny that I am paying money for all the hassle or just my bad luck.

At least I learned a lesson that I get what I paid for so I will use a quality service rather than looking for a cheap one.

Thanks

 

[Paul j F]

on the issue of suing a solicitor. I haven't had first hand experience at this but a family friend tried suing his solicitor over a very similar issue (missed some documents in a personal injury case!) Took him months to find another solicitor that would take it on and when he finally did it dragged on for years.

If you think the stress of delayed settlement is bad..whoa. you're nowhere near the stress of suing a solicitor!

 

[Dazz]

Can I sue him if something goes wrong after settlement? (not like I really want to sue him)

Go back and re-think this. It will take the largest amount of resolve you've ever mustered in your life to even contemplate doing this.

Quit while you are ahead.

If you aren't happy, hire someone else....and then live your life happily ever after.

 

[Jtkumnick]

Go back and re-think this. It will take the largest amount of resolve you've ever mustered in your life to even contemplate doing this.

Quit while you are ahead.

If you aren't happy, hire someone else....and then live your life happily ever after.

I pretty much agree with everything Dazz says, I like the cut of his jib!

Suing your solicitor, ummm you'd have more chance of getting up everest in a wheelchair.....

 

[Terry_w]

Sue the solicitor for being a day late? What was the extra cost of being late, $50 in penalty interest?

 

[Aaron_C]

Sometimes people forget that penalty interest, while annoying isn't THAT expensive. If you are going to be charged 12% pa for being late, let's remember that you were going to pay 6% for the home loan anyway, so the increased cost is just 6% pa.