Browse Forums General Discussion 1 Jun 03, 2009 7:53 am Hi guys, I went to my first solicitor meeting yesterday (who I was referred to by a friend of mine) and now that I've met and spoken to him. I don't feel comfortable/confident with him. He kind of just breezed over the contract with me. We are buying a vacant lot in an estate and getting a builder to build our house. The question is... can I not use him anymore? I haven't signed anything with him yet. we just sat down for 5 minutes and left. BUT we did get our land vendors contract sent to him so I GUESS he did some work? oh what a headache Is there a way to get out of this without paying a fee? would it be a problem because our land contract is with him? Is there a way to get out of this clean? Villina with Trend facade Sydney Re: Im not sure with my solicitor. Please help 2Jun 03, 2009 8:28 am Beebob Hi guys, I went to my first solicitor meeting yesterday (who I was referred to by a friend of mine) and now that I've met and spoken to him. I don't feel comfortable/confident with him. He kind of just breezed over the contract with me. We are buying a vacant lot in an estate and getting a builder to build our house. The question is... can I not use him anymore? I haven't signed anything with him yet. we just sat down for 5 minutes and left. BUT we did get our land vendors contract sent to him so I GUESS he did some work? oh what a headache Is there a way to get out of this without paying a fee? would it be a problem because our land contract is with him? Is there a way to get out of this clean? I understand your situation and I hate being there. What I would probably do is have a chat to a new solicitor and tell him your concerns and see if he can advise you on your obligations or else he may write a letter and tell the guy he is taking over. Good luck. Brian Re: Im not sure with my solicitor. Please help 3Jun 03, 2009 9:30 am Hey Beebob, not sure what state you're in, so the Legal Profession Act and its interstate counterparts vary from state to state. As a general rule, if you haven't signed a cost agreement, you're not obligated to pay professional costs. However, you may have to pay an initial consultation fee because the solicitor met with you and spent time going through the contract. I'd contact the current solicitor and let them know that you are withdrawing your instructions and wish to collect the contract. The solicitor also has the right to withold the contract until their fee is paid. Building a Wisdom Homes Impression 33 MkII http://lilypadintheponds.blogspot.com/ We have the keys! Tiling in progress... Re: Im not sure with my solicitor. Please help 4Jun 03, 2009 1:34 pm thanks for replying Im in NSW. I'm considering getting the land through him and the building agreement with someone else. Do builders allow changes made to their contracts? If not, is it even worthwhile getting a solicitor to look over it? Villina with Trend facade Sydney Re: Im not sure with my solicitor. Please help 5Jun 03, 2009 7:38 pm Before signing a contract that commits you to paying over big bucks, it's always prudent to have some legal eyes cast over it. If you aren't happy with Solictor 1, pay what he is owed, & find someone else. Life's too short too drink bad wine Re: Im not sure with my solicitor. Please help 6Jun 03, 2009 10:09 pm he probably wouldn't charge for the time chatting with you if you withdrew instructions from him, but he would charge if he has billed to read anything (eg. contract, letters). In Vic, Solys can charge up to $750 without any costs agreement signed with you, so he does have the right to charge you, just depends if he wants to. good luck Annie A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Im not sure with my solicitor. Please help 7Jun 04, 2009 9:47 am My two cents worth: 1) First impressions last...maybe you got the wrong impression here, just because he only spent 5 minutes with you, doesnt mean he isnt good at what he does. 2) Dont judge a book by its cover...as I said, just because he only spent 5 minutes with you, doesnt mean he isnt good at what he does. He probably does dozens and dozens of these contracts and knows what to look for. Remember he's solicitor...time is money and all that. He's not a councillor. Maybe 5 minutes is all it takes?, I could certainly think of better things to do with my time than spend more than 5 minutes with a solicitor! Pat. Re: Im not sure with my solicitor. Please help 8Jun 04, 2009 10:02 am Your suppose to meet your solicitor?? lol My conveyancer/solicitor for the purchase of my land I haven't evn spoken with. I've spoken the the receptionist but everything else has been done over the phone and email. He has recieved all the paperwork (contracts) through the mail & email and he deals directly with my broker. I haven't had to do anything. My fee will be $650 Actually come to think about it, when I sold my house in Canberra I never had a meeting with the solicitor up there either. Scanned documents and emails are great. I've managed just fine without a meeting. Deposits paid 29/4/09 Land settlement 12/08/09 Build contract signed 24/08/09 Colours done 28/09/09 BLOG-http://www.eljaysbuild.blogspot.com/ Re: Im not sure with my solicitor. Please help 9Jun 04, 2009 5:08 pm Beebob Do builders allow changes made to their contracts? If not, is it even worthwhile getting a solicitor to look over it? If it's an HIA contract, then no, you won't be able to make any changes and there is no point having a solicitor look over it. If the contract is something the builder drew up himself, then it's very worthwhile having a solicitor look it over and you can request changes. If you want the builder to do something that he doesn't usually do in the construction of the house, e.g. double-glazing, more insulation, solar water heater, rainwater tank etc etc, make sure this is agreed in writing in a letter BEFORE you sign the contract (whatever type of contract it is). After the contract has been signed the builder can refuse if you ask him to do anything "extra". Re: Im not sure with my solicitor. Please help 10Jun 05, 2009 7:20 pm I disagree. Anything is negotiable. My building contract was a standard HIA with some special conditions. My solicitor got some of the conditions altered. Just because it's the standard HIA contract doesn't mean it can't be changed - but that doesn't mean your builder will change anything. Depends who's more willing to walk away. Paul Re: Im not sure with my solicitor. Please help 11Jun 08, 2009 11:20 am od My building contract was a standard HIA with some special conditions. If your builder had added some special conditions, then he had altered it and it was no longer a standard HIA contract. If the builder alters it, I think it's fair to request some alterations of your own. But many builders use the HIA contract "as is". They do not make any changes to the clauses and don't allow clients to make any either. Re: Im not sure with my solicitor. Please help 12Jun 08, 2009 6:11 pm Yes, but a contract is a mutual agreement. There is no reason a builder can't change something in a standard HIA contract - they may not want to and may not do it though. It depends how much they want your business. If you don't like something in the contract and the building won't change it, then you have decide how much you want that house. But like I said, anything can be changed it both parties agree. Paul Thanks for your reply! All valid points and I agree with you on many of them. I am in QLD, any recommendations on a construction lawyer would be helpful 3 2649 Thankyou so much 😀 I've decided on White on white for doors and trims, White on white 50% on ceiling and Mt buller for walls. Fingers crossed it will look OK 😀 2 7170 i had the my concreters concrete right up to the fence. I have pits all along my path, so the water tends to drain away from the house and into the pits. There's only one… 7 12792 |