Disgruntled Conveyancer Holding Me Hostage

FareEvader on 11/10/2023 - 16:57
Last edited 13/10/2023 - 14:34

Hi all,

A disgruntled conveynacer is holding my property settlement hostage and is attempting to extort me.

There were red flags immediately when he was constantly spelling my name wrong (I have the most simple name in the Bible). He was unresponsive to emails, asked random questions and was overall pretty useless. The real estate agent involved in the sale also mentioned that something was off with him.

I've engaged another conveyancer to assist with my property settlement. As settlements are completed via the PEXA platform, the old conveyancer is refusing to release the PEXA workspace to the new conveyancer unless I pay him a ridiculous fee for a job he did not complete (or barely even start). At no stage did he provide me with a schedule of fees or a standard cost disclosure form.

PEXA have advised that they only work with lawyers/conveyancers and not clients, so were unable to assist me.
My property is due to settle next week. Please help?!

UPDATE: I called the first conveyancer, we had a long talk, and he'll only charging me for title searches which is the fair and right outcome. He has also withdrawn from the Pexa workspace. To everyone who said "just pay him", I implore you to stand up for what is right and not take the easy way out.

Financial

Comments

  • FoxJump on 11/10/2023 - 16:58
    +1

    Are you selling?
    Are you buying?

    • FareEvader on 11/10/2023 - 22:44

      Buying. Why?

      • Poor Ass on 12/10/2023 - 15:18
        +22

        you must be the OP's conveyancer

        • ripesashimi on 12/10/2023 - 19:33

          Why are we supporting dine and dash? Everybody deserves to get paid for their work.

          Do we also support wage theft?

          • Poor Ass on 13/10/2023 - 13:26

            @ripesashimi: You like to make assumptions too I see

            We actually don't have enough data from this post

            All we know is OP wasn't happy with the original conveyancer's work and voluntarily went elsewhere but didn't bother to ask about the fees like a regular person and then got a shocker when OP was hit with them. Now OP is upset because they are stuck and seek Ozbargain help.

            The solution to OP is quite simple if they are desperate to get settlement ready asap:

            1. Pay the "ridiculous fee" to the original conveyancer and let the new conveyancer do the settlement. OP can take legal action should they wish against original conveyancer at a later time

            2. Get the original conveyancer to finish the job and pay them. Despite how incompetent they may be, I'm sure they can finish the job. OP may now also need to pay the new conveyancer for wasting their time

            Either way…. OP is out of pocket more than they should and is the only way if they want the property ready for settlement

  • tallkid123 on 11/10/2023 - 17:05
    +13

    Ironically, this is the time when you need a lawyer…

    Next time, get a property lawyer instead of a conveyancer when doing conveyancing for your real estate dealings.

    • avoidfullprice on 11/10/2023 - 19:05
      +7

      Better Call Saul…

    • deme on 11/10/2023 - 19:10
      +27

      Conveyancers are dumber than monkeys.

      • margiela on 12/10/2023 - 10:43
        +14

        Saying that conveyancers and lawyers are the same is like saying margarine is butter because they are both yellow and spreadable.

        • Chandler on 12/10/2023 - 12:31
          +4

          I can't believe IANAL?

    • meong on 12/10/2023 - 12:27
      +1

      Unfortunately back then i engaged a lawyer for property settlement and they made so many spelling mistakes of my name and when i asked them to fix it they were billing their time against it until i called it out that they were willing to reduce their fee…

      • ripesashimi on 12/10/2023 - 19:36
        +3

        Fixed fee is industry standard for conveyancing. Not sure why you agree to hourly rate.

        • meong on 12/10/2023 - 20:56

          regardless, just pointing out some lawyers aren't great either…

          • koalabargains on 13/10/2023 - 06:08
            -4

            @meong: You have to find a lawyer who was trained overseas. That’s what all the big American and global companies do. Don’t use any lawyer who was trained here.

            • meong on 13/10/2023 - 06:14
              +1

              @koalabargains: And why is that?

              I can't find myself a Harvey Specter

              • koalabargains on 13/10/2023 - 16:51
                -3

                @meong: Well for one foreign lawyers usually have to do pretty intense tests. In the US it’s called the Bar exams. In australia there is no such test, we have a sort of apprenticeship program called practical legal training.

                But I’m not legal historian, who the (profanity) knows why we have different systems. I was just told that foreigners are trained harder and to always get a lawyer that was trained overseas and then qualified here. It’s anecdotal but I’ve had great experiences with lawyers since. Highly recommend.

    • cashews on 12/10/2023 - 19:29
      +12

      I asked my real estate agent for a conveyancer recommendation. I used his contact and she got the address wrong, my email address wrong, and left placeholders throughout the documents. We had to meet her for some signatures and she was an hour late for the meeting.

      I wondered why the hell he recommended her and then when I met her I realized she had 10/10 in looks, absolutely stunning.

      • bobs burgers on 12/10/2023 - 20:54

        So, what are the commissions she pays him you reckon?

      • JimB on 13/10/2023 - 09:51
        +9

        So how many more times have you used her?

    • Empharand on 11/10/2023 - 17:24
      +4

      Why are you linking the complaints section of the QLD Legal Services Commission?
      OP is in VIC according to their location on their profile, they have not mentioned anything about QLD in their post.

      • dbmitch on 14/10/2023 - 00:15

        Guy really came in without reading i bet

  • jv on 11/10/2023 - 17:05
    +11

    Disgruntled Conveyancer Holding Me Hostage

    Have you contacted ASIO ?

    • FareEvader on 11/10/2023 - 23:18
      +4

      Corporate bikies

    • HeWhoKnows on 12/10/2023 - 08:16
      -3

      The conveyancer is holding OP in one of the bedrooms of the subject property.
      Obviously the conveyancer is not foolish enough to let OP inside his office.
      That would be SO PAINFUL !

  • jv on 11/10/2023 - 17:06
    +53

    (I have the most simple name in the Bible)

    How's things Mahershalalhashbaz?

    • freefall101 on 11/10/2023 - 18:12
      +7

      I'm betting he kept writing it as "Hey-sus"

    • AustriaBargain on 11/10/2023 - 19:35
      +3

      Damn. I had just asked ChatGPT what is the most long and complicated name in the Christian bible only to scroll down and see JV beat me to the joke.

    • ProlapsedHeinous on 13/10/2023 - 17:46

      I suspect they had a mouthful of mashed potabo when this was written down.

  • JIMB0 on 11/10/2023 - 17:18
    +26

    How did you go last year when you wanted to sue your lawyer?

    • MS Paint on 11/10/2023 - 19:53
      +10

      Lol. There seems to be a common denominator here.

      • Gunnar on 11/10/2023 - 20:05
        +1

        Reading the post I got a sense that the guy was the issue, especially when the most honest person in all this, the estate agent, was sus about the conveyancer

        • CalmLemons on 13/10/2023 - 10:46

          Yeah his tone is off.

          FareEvader - then constantly lawyers up. Conflict much?

        • MS Paint on 11/10/2023 - 23:51
          +10

          Maybe you are choosing the wrong people to represent you with such high standards.

          • HeWhoKnows on 12/10/2023 - 11:03
            +2

            @MS Paint: Yeah. maybe a fully fledged solicitor that would charge $4,000 plus extra fees (by the minute) for addressing all of OPs time gobbling emails
            OP would get the service they wanted but would then complain about extortion again.
            Op cant win either way

        • Gunnar on 13/10/2023 - 10:49

          So that still makes you the common denominator ?

      • HeWhoKnows on 12/10/2023 - 08:23
        +1

        "Misinformation"

    • Bargainitis on 12/10/2023 - 09:33

      hahaha nice dig up.

  • djkelly69 on 11/10/2023 - 17:20
    +18

    Your new conveyancer can create a new PEXA workspace for the matter and invite all of the interested parties to that (excluding the conveyancer who no longer holds instructions).

    • FareEvader on 11/10/2023 - 22:47
      +1

      Thanks, I'll advise my conveyancer tomorrow.

      • HeWhoKnows on 12/10/2023 - 08:25
        +5

        And the first conveyancer with demand payment for his services.

        You will end up paying twice

        • ialam99 on 12/10/2023 - 23:10
          +1

          Maybe OP can slip him a $20 and a mint for the trouble

    • FareEvader on 13/10/2023 - 15:11

      A new workspace was created but it turns out the old conveyancer can still join via title search.

      However, he has come to his senses and has withdrawn from the workspace.

      Pexa has been no help. Their control environment is unsatisfactory.

  • zathras on 11/10/2023 - 17:20

    Are you buying property or selling?

  • elgrande on 11/10/2023 - 17:22
    +12

    Username checks out…

    • FareEvader on 11/10/2023 - 22:50
      +2

      Would you pay a taxi driver that drove you 1/10th of the way to your destination, then try to charge you the full fare?!

      I offered to pay him for his services so far (to get rid of him) but he is now trying to charge me a ridiculous fee for an incomplete job.

      • HeWhoKnows on 12/10/2023 - 08:25
        -4

        More "misinformation"

        • HeWhoKnows on 12/10/2023 - 10:43
          -2

          OP is holding Conveyancer and OB hostage with DISINFORMATION

          DISINFORMATION: A disgruntled conveynacer is holding my property settlement hostage
          (The fact is that OP is holding the conveyancer hostage because OP is refusing to pay for his services. Payment usually occurs at settlement. Thats how it works. This is whats called doing BUSINESS)
          DISINFORMATION: is attempting to extort me
          (by charging his standard conveyancing fee which he has a right to do)
          DISINFORMATION: He was unresponsive to emails
          (In what time frame? Where the emails relevent to the job? Where they short and to the point or pages long? Where they just time wasting "random questions" by OP? No mention of any phone calls made or received)
          DISINFORMATION: He asked random questions
          (I doubt that - they dont waste any time)
          DISINFORMATION: was overall pretty useless.
          (in who's opinion - what is OP asking him to do over and above the job for which he was enagaged to do. Conveyancing is a straight forward process)
          DISINFORMATION:The real estate agent involved in the sale also mentioned that something was off with him.
          (agents dont get involved with clients conveyancers - they just send the contract to them)
          DISINFORMATION: the old conveyancer is refusing to release the PEXA workspace to the new conveyancer unless I pay him a ridiculous fee for a job he did not complete
          (Hmmm…1 week before settlement and the conveyancer has done everything except prepare the settlement statement - hence entitled to at least 90% of the "agreed" fee)
          DISINFORMATION: At no stage did he provide me with a schedule of fees or a standard cost disclosure form.
          (its quite obvious OP would not have engaged the conveyancer or signed the "authority to act" without knowing the fees involved)

          • deme on 12/10/2023 - 14:49
            +7

            @HeWhoKnows:

            (its quite obvious OP would not have engaged the conveyancer or signed the "authority to act" without knowing the fees involved)

            Aren't you admitting you've just made all this up by guessing?

          • dogboy on 12/10/2023 - 14:55
            +5

            @HeWhoKnows: Is assumption your middle name? Bloody hell that was hard to read…

          • FareEvader on 12/10/2023 - 22:55
            +5

            @HeWhoKnows: Get a job.

          • ninnypoop on 13/10/2023 - 07:26
            +6

            @HeWhoKnows: Such a stupid reply. I'm annoyed that I wasted my time reading it. I can't imagine the time you must have wasted writing it.

          • CocaKoala on 13/10/2023 - 14:30

            @HeWhoKnows: What a bunch of nonsense.

      • Poor Ass on 12/10/2023 - 15:23

        how much is this ridiculous fee?

        • ripesashimi on 12/10/2023 - 19:41

          This. I used to shop around but have never seen conveyancing fee goes beyond $2-3k. Last time was like $770 for buying an small apartment.

          • Poor Ass on 12/10/2023 - 21:06

            @ripesashimi: Must be NSW and VIC rip off

            Decent conveyancing from small business owner I know I Qld $700-$1400

            Incomplete deals probably charge $350 but sometimes free as long as you do a deal next time

      • drfuzzy on 13/10/2023 - 05:50

        Define ridiculous.
        What does the contract you signed say?

        • FareEvader on 13/10/2023 - 08:41

          Didn't sign one. Never provided with one. Followed up multiple times for one.

  • May4th on 11/10/2023 - 17:23
    +2

    soo what did your current conveyancer when you asked them the precise question above?

    • HeWhoKnows on 12/10/2023 - 10:55
      +3

      Hmmm.Im confused about this question…..
      OP has 2 current (unpaid) conveyancers and so liable to pay both of them.
      Question could be put to either one.

      NOTE:
      1st conveyancer should have been told that OP is transferring the job to another conveyancer and asked for the invoice to finalise the matter with 1st conveyancer.
      2nd conveyancer should have been made aware that OP had already engaged a conveyancer.
      2nd conveyancer should have approached the 1st conveyancer and asked for the job files to be forwarded to them
      The 1st conveyancer would comply upon prompt payment of due fees
      Thats how solicitors work.
      Its very "Gentleman like"

      FURTHERMORE
      The PEXA work space is reserved for the specific property sale (by address) hence PEXA would NOT allow 2 workspaces for the same property purchase. They want to get thier fees as well upon settlement!
      Thats why you cant have 2 conveyancers working for the same client on the same property.

      Lots of mistakes and misinformation made by OP

      • deme on 12/10/2023 - 14:51
        +7

        Why are you so upset?

        • djsweet on 12/10/2023 - 15:13
          +14

          probably the conveyancer

          • Munki on 13/10/2023 - 09:20
            +4

            @djsweet: Definitely the conveyancer. He's so invested in this.

        • trapper on 13/10/2023 - 12:18
          +1

          Upset? It sounds like they know the industry and are being helpful here.

  • Empharand on 11/10/2023 - 17:27
    +23

    Something doesn't add up here. I'd like to hear from the conveyancer and get their side of the story.

  • [Deactivated] on 11/10/2023 - 17:31
    -4

    Dear Zaphnathpaaneah, no excuse for not spelling your name correctly … simple folks see a 'z' and a double vowel & struggle even when all they have to do is copy it from other correspondence that has it spelt perfectly.

    So rude.

    Keep all hard & soft copies of him misspelling your name & escalate with his professional body.

    All the best, Saphnathpaneah - hope your new property settles OK

  • Drakesy on 11/10/2023 - 18:05
    +8

    2 sides to every story.

    • Empharand on 11/10/2023 - 20:16
      +1

      No idea why some twit decided to dislike your comment considering you're correct hahaha

    • HeWhoKnows on 12/10/2023 - 11:01
      -2

      And OPs story is full of disinformation and personal opinions that dont contribute anything.
      Hardly any facts

      • ninnypoop on 13/10/2023 - 07:45
        +3

        Just like your self rightious disinformation post above?

    • McFly on 13/10/2023 - 01:27
      +3

      Actually it's 3 sides:
      1. Party A's story
      2. Party B's story
      3. What actually happened

      • HeWhoKnows on 13/10/2023 - 07:48
        -2

        Whats the chances of getting all that?

        Doesnt matter anyway
        OP is running out of time
        less than 1 week to settlement date
        OP Needs to pay Conveyancer 1 or the property wont settle on time
        And OP could be up for exhorbitant contract late fees

        Imagine that coming post

  • randomusername2017 on 11/10/2023 - 18:22

    Hopefully they allow you access to update this thread in a timely manner…

  • MrThing on 11/10/2023 - 18:36
    +2

    Welcome dear Chushanrishathaim

    I suggest you speak to the bikies

  • deme on 11/10/2023 - 19:10
    -3

    What did you new Conveyancer say when you asked them?

  • TEER3X on 11/10/2023 - 19:11

    Hello Tilgathpilneser,

    I suggest you create a timeline of all your communications and get the help from the relevant professional(s).

  • haroldmac on 11/10/2023 - 19:13

    OP - you been kidnapped?

    • HeWhoKnows on 12/10/2023 - 08:28

      Locked inside the closet

      • FareEvader on 13/10/2023 - 15:12

        Why are you so angry? Are you my disgrunted conveyancer? Did your wife leave you? Are you stuck in traffic?

  • Tee Rex Arms on 11/10/2023 - 19:22
    +1

    You can’t just pay them nothing at all mate

      • djkelly69 on 12/10/2023 - 00:33
        +19

        You are making ridiculous and misleading analogies. If settlement is due next week the conveyancer has got you 3/4 or more of the way there. It is not overly clear what the issues are, but they do deserve to be paid a fair amount of the (presumably) agreed fee and for disbursements incurred.

        • HeWhoKnows on 12/10/2023 - 08:30
          +5

          100% correct
          And more for OPs constant, time wasting "interferance"

          • johnfuller on 16/10/2023 - 10:37

            @HeWhoKnows: Conveyancers are paid when the property settles, and usually the deposit for the home goes into their trust account so usually handling alot of their finances, conveyancer shouldn't be worried about not being paid unless they are not doing their job properly

            • HeWhoKnows on 18/10/2023 - 08:08

              @johnfuller: You miss the point entirely

              • johnfuller on 18/10/2023 - 08:15

                @HeWhoKnows: incorrect

                • HeWhoKnows on 18/10/2023 - 08:17

                  @johnfuller: Johnny boy.
                  We are talking about all of OPs time wasting emails and interference for which time the conveyancer could charge.

                  Yes of course they get paid

                  • johnfuller on 18/10/2023 - 11:33

                    @HeWhoKnows: after it settles they get paid, if hes causing the client trouble, he's allowed to take his business elsewhere, the point of a conveyancer is to make the whole process as easy as possible.

                    • HeWhoKnows on 21/10/2023 - 22:36
                      -2

                      @johnfuller: No Johnny Boy.. Its to get the job done and done correctly.
                      Believe me I know
                      Conveyancers will answer legitimate questions which get straight to the point and are part of the process but not time wasting 2 page emails.
                      They charge a fixed fee for a fixed service.
                      In OPs case they are obviously sending far too many emails and probably very long ones and wasting the conveyancer's time

                      • johnfuller on 23/10/2023 - 09:48
                        +1

                        @HeWhoKnows: i got screwed over by a conveyancer recently, they didnt get paid, i had a similar scenario to OP, they acknowledged fault because company owner went overseas and let their employee handle things in their absence and assumed they were able to hold the forte.

      • HeWhoKnows on 12/10/2023 - 08:29
        -2

        Misinformation from OP

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