PROPERTY SETTLEMENT

Viewing 8 posts - 1 through 8 (of 8 total)

dea459
Member
@dea459
Join Date: 2013
Post Count: 2
July 25, 2013 - 6:30 am
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!!!!!!
Catalyst
Participant
@catalyst
Join Date: 2008
Post Count: 1,404
July 25, 2013 - 7:39 am
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.
Jamie Moore
Participant
@jamie-m
Join Date: 2010
Post Count: 5,069
July 25, 2013 - 8:16 am
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
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Mortgage Broker assisting clients Australia wide Email: [email protected]
Terryw
Participant
@terryw
Join Date: 2001
Post Count: 16,213
July 27, 2013 - 12:34 am
of course it is legal to ask for payment.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Josh Atherton
Member
@josh-atherton
Join Date: 2011
Post Count: 269
July 27, 2013 - 11:38 pm
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.
craigrachow
Participant
@craigrachow
Join Date: 2013
Post Count: 6
July 30, 2013 - 6:04 am
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!
dea459
Member
@dea459
Join Date: 2013
Post Count: 2
July 30, 2013 - 6:49 am
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!!
Catalyst
Participant
@catalyst
Join Date: 2008
Post Count: 1,404
July 30, 2013 - 8:02 am
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.