Hi there Brisbane04.
First of all, thanks for the update. It’s through people’s full experiences that others can learn too. So thank you for following this through even though I’m sure you have lots on your mind.
From what you have said it sounds like the solicitor is doing a pretty good job of keeping himself and the conveyancer out of any claims that may be brought about by yourself.
Consider this though;
– It is normally the conveyancer’s responsibilty to obtain the deposit on your behalf (I am assuming this was fairly clear in your contract with him).
– The fact is, whilst there are obviously a bunch of other factors involved, your conveyancer did not obtain the deposit.
– At no time during the period before settlement did your conveyancer or solicitor advise you that (a) he was having trouble securing the full deposit or (b) that he had not obtained the full deposit amount (is this correct?).Now, when considering whether anyone’s “negligence” contributed to yourself being in a situation that was worse than you should have expected, think about this;
– If the conveyancer or solicitor had have told you early on after exchange that there were some issues in obtaining the full deposit, and, after a number of follow-up calls with you subsequently advised that it was looking less and less likely that the deposit was going to be paid and that the sale might fall through…. would you have done anything differently as compared to doing nothing due to your enforced ignorance of the situation?The chances are that you may have acted a lot sooner to do something about your tenancy situation and maybe even proceeded to recsind the offer on the basis of no deposit and gone straight back into the market.
Please note that this is probably what I would have done (and certainly in hindsight!! [blush2]), but you may have acted differently. I don’t want to be seen to be putting words in your mouth.
At the end of the day, it appears that the solicitor is doing his best to get someone else to pay for the problem so that you are not left out of pocket – and he should be commended for following this through.
However, just keep in mind that if these avenues do not bring the results that you are after, from what has been posted to date your conveyancer and solicitor should not be left entirely off the hook.Finally, whilst it is ultimately up to the purchaser to pay the deposit (which they did not do), there seemed to be some insinuation in your last post that there was a bit of a matey-matey relationship between some of the parties in between the purchaser and you as vendor that didn’t help your cause.
On this point (a) be very careful what you say/write unless you have some particular evidence as it could come back to bite you and (b) if there was a failing on those other parties to fulfil their duties then they could be seen to be almost as culpable as your conveyancer in this matter.Thanks for reading and I hope this helps somewhat.
Regards,
Clintwell said Clint
brissy 04 – the party that has let you down the most is the legal team.
no ifs or buts. sorry.
cheers
brahms
Mortgage Broker
[email protected]I agree… call the law society and discuss it with them. They are sending you on a wild goose chase to take the heat off them.
Robert Bou-Hamdan
Mortgage AdviserM: 0414 347 771
E: [email protected]
W: http://www.mortgagepackaging.com.auFREE Finance-Related Newsletter: See – http://www.mortgagepackaging.com.au/index_files/newsletter.htm
Comments made are of a general nature and should not be construed as individual advice.
© 2004 Mortgage Packaging Pty Ltd
Hi Brisbane 04,
I’m very sorry to hear about your situation as it becomes even more intense and distressing the longer it goes on. I wish you well. I had a bad experience a couple of years ago which held me back. In the end, I decided whether ‘right or wrong’ there is no point throwing good money (and time) after bad. In the end the solicitors are the only ones who always come out in a win-win result, regardless of the outcome. You don’t want to be left standing at the end of the day knowing you’re right legally, but financially you’re worse off. Whatever your decision good luck.
Kind regards,
Gatsby.Hi all,
Back again. The solicitor I am presently using was able to obtain from the real estate agent a blow by blow account from the agent what he did in response to trying to obtain the deposit from the broker. Dating from approx. 12 Nov to settlement day 17 Dec. His account of his attempts to get the deposit bond after the agreed extension to approx 27 Nov by us was purely with the broker, he did however report his difficulties to our conveyencer on the 13 December. In his report there is no communication to us after the Nov 27 deadline for finance approval. I mentioned the agent sounded chummy with the broker because the real estate agent provided my solicitor with a copy of his emails to the broker as proof he was chasing the deposit. From the material in the emails ,they seem to know each other well.To Clint, if I had of known there was trouble with the deposit I most likely would have informed them to get their act together by a quick deadline of 2 days or I would hold them in breach of contract and follow that path. This would hopefully get them off their backsides and if not then I would know we had a problem a lot sooner.The case I have with the purchasers is very clear cut whether I see the money or not who knows. If I dont see the money or even if I do dont worry my attentions will then turn to the agent and perhaps the conveyencer but first one battle at a time.[biggrin]Martin
Sounds like your solicitor is on the ball. He would have probably issued a ‘notice to complete’ to the other party. This is usually giving them 14 days to complete. Then they could be up for the full 10% deposit and any shortfall on the resale, as well as your costs.
Terryw
Discover Home Loans
Mortgage Broker
Click below to email meTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I would love to know what the solicitor will say if you ask about suing the conveyancer who set up the appointment.
Robert Bou-Hamdan
Mortgage AdviserM: 0414 347 771
E: [email protected]
W: http://www.mortgagepackaging.com.auFREE Finance-Related Newsletter: See – http://www.mortgagepackaging.com.au/index_files/newsletter.htm
Comments made are of a general nature and should not be construed as individual advice.
© 2004 Mortgage Packaging Pty Ltd
Hi Robert,
The solicitor acknowledged to me that they had a close working relationship and that he had no problem with me seeing another solicitor to deal with them. At present concentrating on the purchasers and then will look at the other parties involved. Just had news today that the husband is still keen on the property and may still try to purchase same with wife and then the wife will transfer the house into his name. Small chance but who knows. Martin[biggrin]Martin
I hope it works out for everyone. Good luck.
Robert Bou-Hamdan
Mortgage Adviser0414 347 771
[email protected]
http://www.mortgagepackaging.com.auFREE Finance-Related Newsletter – Click Here
Comments made are of a general nature and should not be construed as individual advice.
© 2004 Mortgage Packaging Pty Ltd
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