urgh, lawyers...

[Neongreen]

Having a terrible time with the person doing my conveyancing, just thought I'd share my experience with y'all and vent a bit.. Settlement is Tuesday, I'm going to be out of communication between 9am Monday and 2pm Tuesday, yet I only received the payment details for the remainder of the deposit 2pm Sunday(today). I specifically tracked my lawyer down at her house through property records and called her at home today. She knew I was incommunicado during that time and promised to send the stuff last Thursday.

Very irksome. Essentially had I not stalked my lawyer I wouldn't've been able to settle. To top it off she now requires the bank to confirm clearance and things like that. I'm in Europe so it's very difficult to call my bank but I managed to squeak in before close and a note has been left for a branch manager to send the required emails. Will they do so? I hope, because I can't sort it out as I'll be in the air.

I'm having to really problem solve and tap dance to get this settlement. In fact, my lawyer is making me pay the money directly into the other lawyer's trust account. I thought it had to go through hers first? In addition to this I have asked the bank to also email their lawyers confirming payment too, as per their payment instructions my lawyer sent me(my lawyer just asked me to send her a confirmation, which would've mean the other party was under no obligation to settle according to their settlement instructions.)

If settlement doesn't happen I think my lawyer should wear the late settlement costs. She's had five months to prepare this. Giving one working days notice of the final amount to be transmitted is a bit ridiculous. The other odd part is her fee is being sent to the other party's account? Guess she'll just have to sort it out with them, that's where she told me to send it.

Anyone had such a ridiculous outcome? This is not all thats happened.

[Xav]

In fact, my lawyer is making me pay the money directly into the other lawyer's trust account.

This seems very unusual to me (and a bad idea). Based on what you have said I would also expect the lawyer to pay any late settlement fees. And I wouldn't use that lawyer again.

[Ivan McIntosh]

Seems extremely strange and you are quite right that the other side doesn't have to accept payment that way, and can charge late settlement fees if they wish to, nor will their undertakings kick in depsite you having paid the money.

Very unusual not to go through your lawyers trust account. My guess is that they don't think they'd get the money cleared in time for settlement....but that just means it will be the vendor's lawyers sitting there charging penalty interest until the money clears. Not the best solution.

[Winston001]

Agreed. Very odd.

[Davo36]

Yeah gotta be more to this than the OP is saying I reckon. Just doesn't make any sense.

[Neongreen]

Well there is more.. The lawyer has been slack and lazy through the whole transaction. Nothing that supports her side of things. The vendor's real estate agent mentioned their company is dealing with her on another transaction and botched that up as well, and it hasn't settled. I don't know the specifics of that, obviously, and it's purely hearsay. But there you go.

Fortunately, everything settled. Not my problem though. She hasn't spoken a word of her fees going to the other solicitor and I have no idea how it all played out. She did say she was unaware of me flying back on that day which I thought was obvious but should have set out to her. I didn't think it would've materially affected the strangeness of the situation because Monday or Sunday, it still would have been only one working day.

EDIT: I use the word 'though' way too much..

EDIT 2: I'm usually the one saying what Davo said. Feels strange being on the other side of that!

[flyernzl]

Generally, my own experience with any property transaction is that I have come out with the gut feeling that all of the professionals involved have been doing this for the very first time.

One lawyer sent me a settlement statement that included his costs "to uplift funds".
When I pointed out that I had personally collected the cheque from the bank and delivered it myself to his office all I got was a wan smile.

[Ivan McIntosh]

Suspect they've just used the same wording on all their conveyancing invoices, not necessarily because they mean anything by it.

I think it's counter-productive to give lots of spammy detail about what your fee is for, and it often sounds rather pompous.....unless you go through it and specifically personalise it to the transaction. Otherwise, best just to say"My fee on purchase of x". If there's a query about the fee, the time records should have enough detail to satisfy.

[Wayne]

On a similar vein I had a bill from the surveyor (doing subdivision) that said x,y and z.
I thought - they've billed me for x &y already.
I asked them and the answer - oops, sorry.
And I got a new bill for a couple of grand less.
Without the 'spammy' detail I would have felt ripped off by the price and would have been.

[Ivan McIntosh]

Good point, and well spotted. Perhaps I spoke to soon....

[drelly]

My lawyer recently tried to charge me over $500 for a nearly blank S&P agreement for a private sale I was looking into. And this was after I asked if it was ok to use the S&P's from Whitcoulls. He said "Oh don't worry, we can give you one to use...". Last time I use them.

[Neongreen]

I should add this rant wasn't directed to the lawyers on here - you guys are excellent and have been very informative and helpful. Maybe I should've used you guys... Probably will for the next one :-)

[Perry]

Credit Where It's Due

Well said. Generally, PT is fortunate to
have those legal beagles amongst us.

[Keys]

I think PT self regulates those who are incorrect with their advice.

[mortgage broker]

There are some shocking lawyers around. We use Mahesh Lala at Gandhi Lala in Royal Oak, very thorough and proactive, I only ever receive good feedback about him. Best of all, his fees are very fair.