Conveyancer Not Providing Any Details about The Settlement

EssendonUser on 23/11/2019 - 01:52
Last edited 23/11/2019 - 02:24

Hi All,

I had my land settlement in august and I then got an email from my conveyancer stating "we are happy to confirm that your settlement has now taken place". He was dealing directly with my bank and I had no clue about duties, fees etc. I never got any document regarding my settlement. Hence I requested him split of fees/rates/duties and overall statement for the settlement. He initially responded saying will get it over the weekend.

I followed up with him at least 10-20 times over the email. I only have the email of my conveyancer ( he wasn't my original coneyancer, but due to the death of my original coveyancer, it was assigned to him directly). He was dealing over the email claiming had no office/direct contact due to his changed circumstances. His response over the email was average, but was acceptable till settlement, but then he completely started ignoring email and he never provided me any information.

Meanwhile I was in discussion with my builder for constructing the house on the land and they requested for a proof from the conveyancer, which I didnt have (including title folio number). The best thing I could do was to pay $15 to get the title details through landata.

I still continued to send him emails and my conveyancer never responded.

Till date don't know what was my rates, what exactly was the final price, what was his fees etc. No details he shared to me. Luckily through the title document I ordered thorough landata, I can myself confirm that the land is in my name and the transaction happened on that day.

What is the way forward for me when my conveyancer is not responding to me after enjoying my fees. I am fed-up of sending him followup emails politely.

Requesting all of your advises :(

Thanks in advance,

Home & Garden

Comments

  • Meho2026 on 23/11/2019 - 03:04
    +5

    Pick up the phone, maybe he died too

    • EssendonUser on 23/11/2019 - 10:02

      I hope he is still doing good and healthy :) I didn't have his number nor he got office as when my case was forwarded to him originally it was stated as "online only conveyancing and no direct phone contact due to their changed circumstances".

  • elgrande on 23/11/2019 - 05:55
    +1

    Can your banks mortgage centre tell you how much they paid your conveyancer?

    • EssendonUser on 23/11/2019 - 08:23
      +3

      What do you mean by pesky? Am i not supposed to know about the transaction details and the duties paid? And the title details from the conveyancer, which is what the service he provides. What do you mean by emotion here?

    • brendanm on 23/11/2019 - 10:29
      +5

      I think op is requesting things that are actually required. Not sure how getting proof of title or payment amounts is being pesky

    • moo on 23/11/2019 - 13:25

      LOL. Funny French guy.

    • elgrande on 23/11/2019 - 19:29
      +2

      Settlement statement is standard, not pesky.

  • spal on 23/11/2019 - 09:40
    +5

    Contact consumer affairs Victoria. They should be able to help you out. He could be unlicensed conveyancer using system access of the dead conveyancer.

  • kahn on 23/11/2019 - 09:48
    +3

    What does your agreement or schedule of fees say about complaints? It should state something like the following:
    "If not satisfied with the outcome you can:
    • lodge a complaint with Consumer Affairs Victoria. Further advice and complaints forms are available at www.consumer.vic.gov.au or by calling 1300 558181.
    • make an application to the Victorian Civil and Administrative Tribunal. Further information is available at www.vcat.vic.gov.au "

    Surely you have more than the name and e-mail address of the conveyancer. Try looking up the details via the public registry.

    • EssendonUser on 23/11/2019 - 09:54

      Thank you #kahn ! I just checked and I could see the business address and ABN. He hasn't added the phone number though.
      You have been very helpful :)

  • whooah1979 on 23/11/2019 - 12:52

    he wasn't my original coneyancer, but due to the death of my original coveyancer

    Did you not receive this information from your original conveyancer?

    • EssendonUser on 23/11/2019 - 13:22

      No, its all started with a notification from the new conveyancer stating that all the cases from the old conveyancer was forwarded to him due to unfortunate event. Post that original conveyancer was obviously not contactable.

      • whooah1979 on 23/11/2019 - 13:40

        So what you are saying is that the original conveyancer didn't give you any documents when you signed the contract with them?

        • EssendonUser on 23/11/2019 - 14:11

          We are talking about 2 things. I was talking about settlement details like title docs, duties/rates, fees etc. The original conveyancer provided the contract docs and these documents are produced during the settlement.

          • spal on 23/11/2019 - 17:46
            +1

            @EssendonUser: Your bank would have a set of all documents, but might charge you a fees for supplying copies. Maybe put your request through your lending manager. As you may require a construction loan, they might be willing to help you.
            As you have already obtained the title records from LTO, you maybe able to work backwards with some of these costs. If you know the land value and the contract date, use the calculator on the SRO website for duty calculations. Rest would be mix of registration fees and conveyancer fees plus the adjustments. You can request the council for a copy of the notice of acquisition.

  • subywagon on 23/11/2019 - 21:07

    Can't you go directly into their office and see what's going on in person?

    • EssendonUser on 23/11/2019 - 21:47

      Yes subwagon, had he got any office, I would have done that. He was performing online only conveyancing apparently due to "his changed circumstances".

      • canyoudoitcheaper on 24/11/2019 - 03:15

        So he doesn’t even have a physical office… by thankful he didn’t hop on a plane to Panama with your settlement cheques

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