What can I do about my solicitor - for NEGLIGENCE?

[rodimus]

Hi guys

I sold a land and used a French SOlicitor in Dandenong Melbourne to settle for me. This was the land with the gst confusion involved (I had posted this gst issue here before). BUt to make things short, I bought the land wanting to build a house for sale, but later decided I should sell the land itself.

So I sold it, and the settlement was set a few days after Christmas last year. As you know, during that time, all the consultants, banks, etc are all very slow to move things. A few days before christmas the Solicitor sent me some forms to sign, and I told him I was unsure if to take a margin scheme or not. He did not know as well. I signed without a margin scheme, since the contract was made without a margin scheme. He told he such things can be ammended and decided later when I am doing my tax.

Then suddenly the Solicitor called me saying the buyer of my land contacted him and wanted HIM to be their solicitor as well. Initially I said how can you represent 2 parties? Who are you going to side? He assured me it is all fine and very common, and that he would like to take them as his client.

Now I got the gst confusion sorted out (asked accountants but got no help, asked ATO and got confusing answers. Luckily someone in this forum cleared it up for me and it matched partly what the ATO guy said). So I requested my Solicitor to write a letter to the Buyer, to acknowledge the margin scheme.

The ATO guy told me, margin scheme can be elected with a letter acknoledged by both parties, and does not have to be in the Section 32 during exchange.

You know what?
I called my solicitor since 2 months ago at least 10 times. Amazingly, he is always "on the phone", or "in a meeting", or "not at work today". Left my number for him to return my call which his assistant said he most assuredly will return my call, NADA. NOT A SINGLE CALL. Emailed to him and No response.
What can I do?

I even typed up myself the letter to acknowledge the margin scheme and sent it to his office for him to give to the buyer, but don't know if he had received it.
The thing is, if I do not elect margin shceme I might have to pay $13,000 gst, compared to $500 if with margin scheme. I think the solicitor does not understand gst at all, thats why he is not answering my calls.

1) Can I sue him for negligence? A) not answering my calls. B) representing 2 parties and then now neglecting his duties towards me.

2)How can I get the buyer to acknowledge the margin scheme?

 

[skater]

Can you send the stuff registered mail. That way he has to sign for it.

 

[asy]

Call the Law Institute and have a chat to them.

They'll be able to give you an idea of your legal position.

Oh, and, get a new solicitor.

asy

 

[Meisterin]

Gosh,

I think in principle a solicitor cannot represent two parties who have conflicting interest. It does not make sense. How can he act in the best interest for both parties, if their interest is conflicting?

In this case, because there was GST issue, there was clearly a conflict of interest unlike in a normal transaction: The purchaser would want the GST to be included in the sale and the vendor would want the GST to be on top of the sale price. So who does the solicitor represent?

Also, once the contracts are signed the contract can only be varied by agreement by both parties. You can't force the buyer to accept the margin scheme if he doesn't want to even though it may not affect his interest at all. He would probably want professional advise before he agrees to accept, which he may not be willing to pay for.

I think you are better off, getting legal advice for this. But I do not know whether you can get a solicitor who understands the issue here.

Also call Law Society in Victoria to lodge a complaint against the solicitor for not answering calls and representing parties who are at conflict of interest.