All Topics / Legal & Accounting / Ripped off at settlement!

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  • Profile photo of wilandelwilandel
    Member
    @wilandel
    Join Date: 2003
    Post Count: 761

    Hello all,

    Recently we sold one of our NZ properties, and our solicitor mucked up BIGTIME!!

    The settlement was $10,000 short and now our solicitor is having trouble contacting the purchaser’s solicitor and getting the extra funds.

    Has anyone had this type of experience before?

    Any ideas what we do next?

    I imagine we may have to sue our solicitor!

    Thanks,

    Del

    Profile photo of Mortgage HunterMortgage Hunter
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    @mortgage-hunter
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    My solicitor forgot to get the rental paid in advance. Lucky the vendor was nice and paid as they didn’t have to.

    I would be very cross witth your solicitor and perhaps consider getting another on board. I would imagine $10 000 would be a small price to pay to avoid being taken to court in a small town country like NZ.

    It is a shame when you are paying a professional yet you need to double check what they do.

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    Profile photo of MonopolyMonopoly
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    @monopoly
    Join Date: 2004
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    Hi Del,

    Geez sorry to hear that!!!

    I’m afraid it will be a battle, one that could end up costing you more to try and retrieve the money than it would to cut your losses.

    My next door neighbour was in the exact same situation as you, and they couldn’t do a thing. If the purchaser paid his/her money, and the settlement is finalised, that is pretty much it (on their part that is). You CAN however try and recoupe this from the solicitor as it was his/her mistake, as legally the purchasers have met their obligation and they are technically out of the picture.

    Good luck and keep us posted.

    Jo

    Profile photo of yackyack
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    @yack
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    Surely the other solicitor would insist the purchaser pay the outstanding amount.

    I would log a caveat on the property if possible till the dispute is resolved.

    Profile photo of MonopolyMonopoly
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    @monopoly
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    Yack,

    How do you propose to put a caveat on a property you have just SOLD and more importantly, SETTLED??? [blink]

    The purchaser’s solicitor probably won’t give the discrepancy a second thought UNLESS there is money in it for him/her, in which case, he/she is representing the purchaser who incidently was the one availed of this discount by default, and as such is hardly going to act in the interest of the vendor.

    The only POSSIBLE out of this predicament is to try and get the (vendor’s) solicitor at fault to remedy his/her costly mistake which has financially disadvantaged their client.

    Basically, what’s done is done, and if nothing else serves as a good (albeit harsh) lesson to ALWAYS CHECK YOUR FIGURES especially if you are the one coughing up the dough!!!!

    Cheers,

    Jo

    Profile photo of wilandelwilandel
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    @wilandel
    Join Date: 2003
    Post Count: 761

    Hi all,

    In desperation I phoned the selling agent today to appeal to the purchaser…. It seems that he is an accountant (so now I really don’t trust him)…..

    The selling agent (who I did have a great repoir with) emailed me before that the purchaser was going to pay up! Thank goodness for him!

    I won’t believe it until I see it in our bank account though.

    Needless to say, that we just sold other NZ houses this week and I have changed solicitors !!

    I will keep you all informed… [confused2] Hopefully it may get sorted out tommorrow. Otherwise, I will be the client from HELL[comp]

    Del

    Profile photo of MonopolyMonopoly
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    @monopoly
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    Fingers crossed for you Del, that the purchaser sticks to his word (and it obviously sounds like he has a conscience) because legally he could opt to say “tough” and you would be hard pressed to do Jack about it!!!

    Keep us posted, and yes, thanks for sharing as it is a valuable lesson, one which I daresay you will oversee with an eagle eye next time!!! [blush2]

    Cheers,

    Jo

    Profile photo of wilandelwilandel
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    @wilandel
    Join Date: 2003
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    Hi Monopoly,

    Yes, you can bet that next settlement, I will be asking my solicitor to email me a break down of the settlement funds, BEFORE SETTLEMENT TAKES PLACE. I picked up the error, because I knew how much funds should have been deposited into our NZ bank account to within a couple of hundred dollars (considering rates etc..)

    The 10% deposit was never received by the RE Agent, so they are at fault, but MY SOLICITOR (who has offices at Hamilton & Cambridge NZ)… obviously didn’t add things up too well.[confused2]
    It obviously got rushed through just before Xmas so that they could go on their Xmas Holidays. (Settlement was 23rd December).

    This is a great lesson for all, especially new investors to CHECK YOUR SETTLEMENT STATEMENTS properly, and work out exactly how much funds you should be receiving. Never trust your conveyancor’s workings out. Question things that don’t add up or seem correct.

    $10,000 is a lot to anyone to not receive.

    Sorry to rant and rave [blush2]

    Goodnite, tomorrow is another day…
    (hopefully a BETTER DAY),

    but just a footnote, it’s only money….[buz2]

    I am still well, and my family is still alive and well…
    When you put things into perspective, this is really nothing when you look at THE BIG PICTURE..

    Bye all,

    Del

    Profile photo of wilandelwilandel
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    @wilandel
    Join Date: 2003
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    Well guess what,

    I have just got an email from our NZ Solicitor (I mean ex-solicitor), to say that the $10,000 was received in their Trust Acc, and they have just credited it to our bank account!!

    Amazing, I think we were LUCKY!! [biggrin][biggrin] It could have had a very different ending.

    Thanks all for listening to my ranting, [blush2]
    Del

    Profile photo of MonopolyMonopoly
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    @monopoly
    Join Date: 2004
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    Yippeeeeeeeeeeeeeeeee
    That is fantastic news Del!!!![juggle]

    You’re right it could have been very different, but thank goodness the purchaser had a conscience.[angel]

    Oh well, bet you’ll check, double and triple check your settlement statement next time huh???[biggrin]

    Cheers,

    Jo

    Profile photo of wilandelwilandel
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    @wilandel
    Join Date: 2003
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    Thanks Monopoly![daisy]

    Profile photo of yackyack
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    @yack
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    At the end of the day, the contract was honoured. Mistakes are often made and its morally right to correct them.

    I would not like to do business with you monopoly. I am not sure why you were so anti fixing the mistake.

    Profile photo of MonopolyMonopoly
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    @monopoly
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    Yack,

    May I suggest you go back and re-read my posts. I said quite clearly, that there was ONE possible way out to try and get the money from the solicitor at fault!!!

    I don’t know what makes you think I was “anti fixing” the mistake. I believe in doing the right thing (see, I have ethics) HOWEVER, you cannot right a wrong when your hands are tied, and legally speaking there was little option aside from plead to the purchaser’s conscience, which thankfully they possessed!!!

    Are you miffed because I showed you up re the caveat??? If so, I will gladly remove that post; it was not my intention to try and upset you.

    If that is not the case, then I suggest you check your reading glasses.

    Cheers,

    Jo

    Profile photo of yackyack
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    @yack
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    “Are you miffed because I showed you up re the caveat??? If so, I will gladly remove that post; it was not my intention to try and upset you.”

    No I am not miffed nor upset. Its my opinion. I dont know if its possible. I dont even know if your correct. But thats what i would discuss with my solicitor. People make mistakes. Most people do their best to rectify them.

    Profile photo of MonopolyMonopoly
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    @monopoly
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    People make mistakes. Most people do their best to rectify them.

    And they have!!!

    The purchaser HAS done the MORALLY right thing!!! Which is great IMO.

    I don’t care what you think Yack re which of us is right or wrong, I’m not in it to prove either of us as correct.

    What I felt was uncalled for, was you implying I was “anti” fixing of the problem when I quite CLEARLY and REPEATEDLY said there was ONE option, and that was (again….) TO PLEAD (appeal, does that work better for you??) to the purchaser’s conscience.

    Which basically means YOU DIDN’T READ what I wrote. I at least had the decency Yack to actually offer to remove a post which I thought MAY have been upsetting to you, good to see you were so thoughtful!! [blush2]

    Profile photo of TerrywTerryw
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    Gee you were lucky!

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