Browse Forums General Discussion 1 Jun 05, 2014 11:09 pm Hey everyone, I’m very confused with our so called conveyancer. We are first home buyer so we didn’t know much. On our first meeting we weren’t impressed at all. She was in such a rush that didn’t even give us the chance to ask her any questions. She is so slow, ill-mannered and very unprofessional. She is very rude and responds to emails like she’s shouting (all in caps). Our settlement was on 4th June, she called us on 3rd at 4pm that we need to get a bank cheque tomorrow morning to Landcom with the amount and she said her fee is also included in that cheque which I thought was weird as it is to Landcom so how can she get her fee? The amount was more than what I thought so I asked her and she said it is because our bank deducted loan fees and all that from our actual loan amount so her fee and other fees are in this Landcom cheque. Next morning she told me to take the cheque to Landcom myself and I asked why is that when that’s her job? She responded ‘well, its ur settlement so get it done before 2pm.’ When I went to drop the cheque, the Landcom Conveyancer told us about our conveyancer that this is the 3rd time she has done this and she’s not happy with her at all. She advised us to make a complaint with Fair Trading. We told her exactly what our conveyancer told us about her fees being included in the cheque that is to Landcom. She was shocked and said no way because she will not be getting anything from this so we need to check with our bank how many cheques she got from the bank. According to our conveyancer the bank paid less than what they were supposed to pay which is why I had to include extra $1850 in the Landcom cheque. Today, I looked at my loan account online and saw that the bank paid exact amount that they were supposed to lend us which is 80% of the loan. Her fee is $850 so I need to find out where the $1000 went. I’ve emailed her and she’s not responding. We thought we will be paying her cash and bank has nothing to do with it so I don’t understand how she did this? She doesn’t even explain to us properly what she did, everytime we call her she is so rude and when we question her how and why she did this and we warned her if anything goes wrong we will contact FairTrading. In respond to that she tells us she will go to the Police Station and get AVO against us. WTH!!!! I have contacted the bank, their system was down so asked me to call back tomorrow but the person I spoke to said he’s not aware of any fees being deducted as they have paid the exact amount so I should really find out what she did because this is unusual. This is so confusing as we never asked her to deduct her fee from the amount that bank will lend us and how can bank give her fee like that without our authorisation? Has this happened with anyone and how can bank give her the fee like that? Re: Very bad Conveyancer 2Jun 05, 2014 11:23 pm Read the fine print of what you have signed especially in relation to what the bank will disperse. Normally a bank would only disperse inline with customer instructions and would have records as to how the 80% was dispersed. The bank should definitely be able to detail this out and ask them so show where you have authorised the payment. If there is no such authorisation ask the bank to make you whole. The bank should either be able to show you where you have agreed, (inadvertently it may seem) or they have made and error. If you have signed then go to Fair Trading and explain that none of this was explained in a manner that a reasonable person would understand. Be sure to mention that the Landbank person also concurred that the approach used was not market standard. If the bank has made the error ask them to credit back and the bank can chase for the payment refund. The bank will decide how to collect the money and that will really depend on the amount of effort involved for the 1,000. If it is an error you may want to explain that this is not the first time from what landbank has led you to understand. Keep very calm and non accusational and ask for all approvals and money trail to be shown so that you can understand what has happened. If she says she will go to the police station agree and ask if she wants a lift. You have done nothing wrong if you follow the above. Re: Very bad Conveyancer 3Jun 06, 2014 8:18 am F2014 On our first meeting we weren’t impressed at all. She was in such a rush that didn’t even give us the chance to ask her any questions. She is so slow, ill-mannered and very unprofessional. She is very rude and responds to emails like she’s shouting (all in caps). I think that would've sent the alarm bells ringing. That's too late now, but I would take what Mark has suggested and move along with your life. Owner Building at Jimboomba Woods in Logan City Qld. Blog : http://bandlnewhomebuild.blogspot.com H1 thread : viewtopic.php?f=38&t=68283 . Re: Very bad Conveyancer 4Jun 06, 2014 8:43 am Yes, unfortunately we had already given her our contract before the first meeting. She sounded good at first, got us an extension for contract exchange right away before we even signed up with her. After the first meeting we thought as long as she does the job we don't care. Our broker had problems with her also because she would not send him paperwork that he was asking for months instead she told us our broker doesn't know anything. She sent paperwork just 2 days before settlement when he was asking for months to get everything ready. Now all I need to find out is where the $1000 has gone. Thanks Mark. I will do that and Hopefully bank will tell me. Re: Very bad Conveyancer 5Jun 06, 2014 9:18 am I feel your pain, we spent an extra $500 more with him then his originally fee and for BS reasons as well! My conveyancer sent the transfers paperwork to the bank 2hrs before settlement that he moved forward without advising us and then the bank sent the paperwork back to him and told him it was incomplete! Then he calls me and say the bank isn't ready for settlement so he made a new settlement date for the following day (which was the originally day for us) and then charge me for having to re-book settlement! Then tells me i can pursue my banks for the extra fee... Up to Friday (before settlement) he was not responding to my banks request for documents, calls on saturday and request for an early settlement knowing full well we weren't ready and the documents were sent to him 3 months before we even knew when the settlement was going to happen... COnveyancers are so flipping do-dg-y it's not funny at all! They just try to take advantage of you and your money. Took him a whole month before they sent me the adjustments + invoice for their service cause they took their fee from settlement money which seriously the law should not allow them to do that and rip off people like us! Second Build, this time with Carlisle 2016, can't wait! Beckham: viewtopic.php?f=31&t=67280 Canterbury: viewtopic.php?f=31&t=81175 Re: Very bad Conveyancer 6Jun 06, 2014 9:35 am I assume that when you say conveyancer you mean settlement agent, if so there are laws around what they can do but pursuing a favourable avenue would be cost prohibitive. They must work on that premise knowing few will challenge. Re: Very bad Conveyancer 7Jun 06, 2014 10:11 am Exactly why I never engage a conveyancer, or a solicitor for that matter, to do my house purchases/sales. For what is a fairly common and straightforward transaction, you will often get d1cked around. You are but one of many transaction they have going on at any time, and personal attention and attention to your specific details, is often lacking. But whats truly amazing is the she seems borderline personality with that threat about an AVO. IT amazes me how people like that get jobs in an industry that requires good people skills. Its a strange world. Keep working through it. It sounds like you will triumph eventually. Re: Very bad Conveyancer 8Jun 06, 2014 12:04 pm This isn't much help to F2014 but to anyone else reading this thread: please get a solicitor or a conveyancer in a solicitor's office to do your property settlement work for you. The legal profession is heavily regulated and someone in a situation such as the OP could make a complaint directly to the relevant professional association about the behaviour described and have them deal with the issue for no extra cost. Unfortunately conveyancers that are not part of the legal profession have no such oversight and there are a lot of charlatans out there. Caveat emptor people! Re: Very bad Conveyancer 10Jun 06, 2014 9:58 pm Hey everyone, Thanks so much for replying. I've spoken to my bank and they said the $1000 was in other fees. They said my conveyancer should have given me a list of all the fees that were paid which she didn't bother doing or even reply to my email. It's a relief now at least I know where the money went! All she had to do was give me the list of the fees have been paid or explain to me properly instead of just telling me and confusing me that her fee is included in Landcom cheque and that bank deducted fees so I have to pay extra! I needed to know what fees! This was a very bad experience I must say. I can't believe how rude she is. Now I need to do reviews on her wherever I can and warn others. There's always new staff in her office and it's pretty obvious why! I was surprised that even the conveyancer from Landcom knew her and had complaints about her because she has done the same with others before! She's in Winston Hills in a garage! You may still have a case, but your next step is to speak to a lawyer. 3 1579 Hi - thanks for your reply. Yes I think 'Ill go for whitish with very speckly bits rather than pure white something like this. PS was actually 2008 I built the… 2 11674 You might be able to apply to divert the sewer at your expense. In NSW you would contact a Water services co-ordinator and they would give you advice as to whether or not… 1 16127 |