Hi guys and girls,
This is my first post and i am extremley stressed and worried!
As i have read in this forum already unfortunatley i have been charged a penality interest charge for delay of settlement.
My conveyancer is blaming the bank and broker but my broker has proof of the vendors conveyancer delaying the titles being changed over in time. My conveyancer are saying that the Bank (BANK WEST BW) didnt send out the morgtage documents in time and the broker did not communicate that to them when they would have considered settlement extension....which my broker has proof of contacting my conveyancer and letting her know all this.
They are all blaming each other but in the end i have to cop $1100 which i cannot realistically afford and it was absolutley out of my control even thought it was in the clause to have 7 days after settlement condition.
It could be the banks fault (but i think it is the vendors) and i have my broker investigating and the bank investigating in further to get some proof who is actually at fault of delaying.
Not only this but my broker or conveyancer decided not to even notify me wether i could get an extension OR even let me know that the vendors were charging me $82 a day from my settlement date! (November 17th)
My conveyancer is not on my side as usual and i have been busting my gut to find all the proof i can to find who is at fault because all the legal advice i have got are saying "That amount of money, the vendors are very unlikely to take legal action if you choose not to pay. And if the vendors are not 100% sure who is at fault they are even more not likely to take you to court...they just want you to pay"
I refuse to pay UNTIL i get proof of who did it (If bank i will consider re-imbursement) or if vendors i would expect them to waiver it. Even if it my broker i suppose i got to find out that aswell.
Do i have a right to do this investigation after settlement date (1st December) and not pay this charge which was 100% out of my control!? I cannot pay for this as i only got told i was getting charged this this wednesday...my conveyancer has been extremley unhelpful all the way through this and obvioulsy not communicated any of these delays with either the vendors, me, or my brokers.
Any advice would be FANTASTIC!!
Sorry about the long first post
This is my first post and i am extremley stressed and worried!
As i have read in this forum already unfortunatley i have been charged a penality interest charge for delay of settlement.
My conveyancer is blaming the bank and broker but my broker has proof of the vendors conveyancer delaying the titles being changed over in time. My conveyancer are saying that the Bank (BANK WEST BW) didnt send out the morgtage documents in time and the broker did not communicate that to them when they would have considered settlement extension....which my broker has proof of contacting my conveyancer and letting her know all this.
They are all blaming each other but in the end i have to cop $1100 which i cannot realistically afford and it was absolutley out of my control even thought it was in the clause to have 7 days after settlement condition.
It could be the banks fault (but i think it is the vendors) and i have my broker investigating and the bank investigating in further to get some proof who is actually at fault of delaying.
Not only this but my broker or conveyancer decided not to even notify me wether i could get an extension OR even let me know that the vendors were charging me $82 a day from my settlement date! (November 17th)
My conveyancer is not on my side as usual and i have been busting my gut to find all the proof i can to find who is at fault because all the legal advice i have got are saying "That amount of money, the vendors are very unlikely to take legal action if you choose not to pay. And if the vendors are not 100% sure who is at fault they are even more not likely to take you to court...they just want you to pay"
I refuse to pay UNTIL i get proof of who did it (If bank i will consider re-imbursement) or if vendors i would expect them to waiver it. Even if it my broker i suppose i got to find out that aswell.
Do i have a right to do this investigation after settlement date (1st December) and not pay this charge which was 100% out of my control!? I cannot pay for this as i only got told i was getting charged this this wednesday...my conveyancer has been extremley unhelpful all the way through this and obvioulsy not communicated any of these delays with either the vendors, me, or my brokers.
Any advice would be FANTASTIC!!
Sorry about the long first post