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  • Profile photo of dea459dea459
    Member
    @dea459
    Join Date: 2013
    Post Count: 2

    Hi

    We sold our investment unit and it settled on 20th June 2013, today 5 weeks later,  I received an email from our Conveyancer with a copy of a letter fronm the buyers Solicitor stating there had been a miscalculation made in the settlement figures, something to do with Strata fees and now asking us to send a cheque for approx $622.

    Anyone know if this would be legal to ask for it back now. I am waiting for the Conveyancer to call me and discuss but I thought thats what we pay them good money for to get the settlement Right!!!!!!

    Profile photo of CatalystCatalyst
    Participant
    @catalyst
    Join Date: 2008
    Post Count: 1,404

    Tell them to go away. It's their fault if they didn't get it right.

    If the buyers solicitor made a mistake it's up to them to make good. Of course he'll try to get you to pay it.

    They aren't going to go to court over $622.

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Agree with Catalyst – they're going to have to wear it.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,173

    of course it is legal to ask for payment.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of Josh AthertonJosh Atherton
    Member
    @josh-atherton
    Join Date: 2011
    Post Count: 269

    Terry is right, anyone can ask for payment. 

    In this instance I would be saying bad luck, you paid them to get it right, maybe it can be reimbursed from the legal fees you paid for not performing.

    Profile photo of craigrachowcraigrachow
    Participant
    @craigrachow
    Join Date: 2013
    Post Count: 6

    interesting to see this post, and the replys.

    i really hope you stick up for yourself and i'm keen to see the outcome of this request, if you dont mind coming back and sharing!

    Profile photo of dea459dea459
    Member
    @dea459
    Join Date: 2013
    Post Count: 2

    Hi Guys

    Thanx for your inputs.  I had a call from my conveyancer yesterday and he says I have to pay.  He says that its part of a contract that they can come back and claim later. I dont see a way out of this as I dont know the rules, but am being told I have to pay.  I told my guy I thought that is why we pay them money, to get it right!!

    Profile photo of CatalystCatalyst
    Participant
    @catalyst
    Join Date: 2008
    Post Count: 1,404

    I'd ask to see it in writing where it says if they make a mistake they can ask for money after the fact.

    A friend of mine noticed a small mistake once and the solicitor said too bad, too late.

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