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 He has also withdrawn from the Pexa workspace.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

      • b0rnwithabeard on 12/10/2023 - 09:25
        +5

        i wouldn't be stupid enough to sit down in the chair without finding out what it's going to cost first

      • [Deactivated] on 12/10/2023 - 11:10
        +1

        If you've only got

        … 3 hair particles …

        then yes, you should pay him.

      • trapper on 13/10/2023 - 12:19

        If you walk out halfway through a haircut, then yes you owe money. Probably close to the full amount.

  • onetwothreefour on 11/10/2023 - 20:12
    +3

    OP are you okay? What are their demands to let you go free?

    • HeWhoKnows on 12/10/2023 - 08:31
      -2

      nothing much or unreasonable
      Just the usual PAYMENT for conveyancing services performed

  • bobbified on 11/10/2023 - 20:32
    +8

    Well, these aren't the replies that OP expected! šŸ¤£

    • Caped Baldy on 12/10/2023 - 23:05
      +1

      He hasn't paid us, what can he expect from free advice?!

  • b0rnwithabeard on 12/10/2023 - 09:24
    +7

    why would you engage with a conveyancer and not find out what their fees are? You're either really really rich, or really really dumb.

    • HeWhoKnows on 12/10/2023 - 11:38

      Or a totally unreasonable, professional whinger

    • Drakesy on 12/10/2023 - 14:35
      +1

      just bought a house
      *was really rich.

  • b0rnwithabeard on 12/10/2023 - 09:26
    +4

    (I have the most simple name in the Bible).

    God?

    • HeWhoKnows on 12/10/2023 - 11:39
      +2

      OP certainly thinks so
      But could also be "Jesus" or Christ"

  • mike6969 on 12/10/2023 - 09:59
    +1

    Go and visit them with Lucille

  • TransportPosters on 12/10/2023 - 11:38

    I'm surprised no one has mentioned taking the matter to VCAT or Consumer Affairs Victoria.

    I had very similar problems with a tax agent and Consumer Affairs helped me out.

    • HeWhoKnows on 12/10/2023 - 11:44
      +3

      OP has to escape first
      Remember OP is being held hostage

      • TransportPosters on 12/10/2023 - 11:49

        Okay… I took being held hostage to be a common phrase in regards to demanding payment for the release of paperwork / account, not literal meaning of the term.

        Well, they posted it 16 hours ago so they may still be able to achieve something with Consumer Affairs.

        The responses on this thread have probably made them seek assistance elsewhere anyway.

        • HeWhoKnows on 12/10/2023 - 11:52
          -1

          If you read through you will see many responses have taken the same line/meaning for "hostage" because its the wrong (over-dramatic and exaggerated) word to use in such circumstanes.
          When one makes such a dramatic claim, you get dramatic responses

    • HeWhoKnows on 12/10/2023 - 11:47
      +3

      OP doesnt have the luxury of time on thier side

      Settlement is in one week.
      The PEXA space for settlement has already been booked.
      If OP doesnt settle on the due date the vendor will charge for damages….its all in the contract.
      Then OP will be complaining about 'being held hostage" by the vendor who is "charging exhorbitant fees"

      Besides VCAT is not the place to take solicitor complaints
      AND OPs complaints appear to be enormously exaggerated and totally unjustified.

      Remember its OP thats not complying with the law
      There is absolutely NO EVIDENCE that the 1st conveyancer has done anything wrong.
      In fact they are just doing thier job and fully entitled to be paid whatever charges are involved

      Thats why no one has mentioned taking the matter to VCAT or Consumer Affairs Victoria.

      • Mistredo on 14/10/2023 - 13:04

        Who will be liable for the damages? Can OP sue conveyancer and demand them to pay?

  • plmko on 12/10/2023 - 12:10

    Lol this blew up in the wrong direction

  • Davo1111 on 12/10/2023 - 12:31

    I pay him a ridiculous fee for a job he did not complete (or barely even start

    Call the bluff and pay the original guy?

  • jonkvh on 12/10/2023 - 12:38

    Your new Conveyancer would be noting that the file exists with another Conveyancer, don't know how you intend on getting around that one.

  • seraphy on 12/10/2023 - 12:38

    username checks out alright

  • Chandler on 12/10/2023 - 12:49
    +7

    @FareEvader what exactly are you expecting here?

    Please help?!

    Plenty of helpful comments here with no response/additional information from you. The only responses you've made is confirmation that you are buying and a number of analogies regarding the service you feel you've received from your conveyancer.

    If settlement is next week, you conveyancer has done a lot more than cut three hairs…

    If you want help - then help us help you. Details matter:

    • Contract is sorted?
    • Finances sorted?
    • Title, easements etc?
    • Deposit?
    • Service bills (rates, water, electricity) sorted?
    • Inspections done?

    And for future reference - help yourself (emphasis mine):

    https://www.realestate.com.au/advice/how-conveyancing-works/ā€¦

    Questions to ask potential conveyancers:

    • Are you a member of the Australian Institute of Conveyancers?
    • What types of property do you specialise in?
    • How much will it cost?
    • What will I have to pay at settlement?
    • What other costs are there?
    • How will you communicate with me and how often?
    • How long will everything take on settlement day? (This is important if you are buying and selling at the same time)
    • FareEvader on 14/10/2023 - 11:07

      Thanks, new conveyancer has managed everything so smoothly.

  • DiscoJango on 12/10/2023 - 12:59
    +1

    Is op related to pam?!

  • Zapwap on 12/10/2023 - 13:28
    +20

    I think Amayzingone is the conveyancer

    • VerticallyIntegrated on 12/10/2023 - 16:35

      I wonder if OP warned him heā€™d go straight to Australiaā€™s largest website that specialises in law speak and insurance oopsies and blurt his story.

      Or the yet to be confirmed (wink wink) conveyancer anticipated some grievances would be aired in a public forum and came looking for the thread.

      Regardless, Iā€™m here for it.

      /insert cartoon monkey knife fight dot jpg

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

      Sounds like it lol

  • deme on 12/10/2023 - 14:48
    +5

    What's the update OP

    • FareEvader on 13/10/2023 - 14:30
      +2

      I called him, 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.

      Victory.

      • idonotknowwhy on 18/10/2023 - 13:21

        This is democracy manifest!

  • Willy Beamish on 12/10/2023 - 15:06
    +5

    Your name is god?

  • The Wololo Wombat on 12/10/2023 - 16:23
    +1

    Just be careful of leaving them a negative review ;)

    • belongsinforums on 12/10/2023 - 18:31
      +2

      It's a conveyancer, not a lawyer šŸ˜‚

  • AlanHB on 12/10/2023 - 17:06
    +1

    So uh is the issue that OP is refusing to pay for conveyancing services until after they have already been provided to him?

  • belongsinforums on 12/10/2023 - 18:31
    +4

    My conveyancer was also useless. Damn near missed settlement. Good luck op

  • BartholemewH on 12/10/2023 - 18:54
    +2

    The conveyancer I used (admittedly years ago) has since gone to prison for 2.5 years for fraud.

  • secondtrain on 12/10/2023 - 19:50

    Hello Job or is it Lot?

  • idonotknowwhy on 12/10/2023 - 22:32
    +1

    Just pay the (profanity) conveyancer.
    They've already setup the settlement room in pexa from the sounds of it.
    They don't make much money, lots of contract reviews which go nowhere, etc.
    There's a reason we don't have a big conveyancing firm here like you have with accountants, etc.

    • FareEvader on 13/10/2023 - 08:43

      You're missing the point. I'm ok to pay him for the work he has done but he hasn't done anything!

      • hatchbackracehorse on 13/10/2023 - 08:53
        +5

        Clearly they have done work, otherwise they wouldnā€™t have a PEXA workspace to ā€œhold hostageā€. The work of a conveyancer starts as soon as they receive the contract! Contract review. Condition notification. Chasing up banks. Conducting searches for settlement. Preparing settlement figures.

        Are you just assuming youā€™re paying someone to hand over a pile of the banks cash on your behalf at settlement?

        Pay up.

  • About The Woolongs on 13/10/2023 - 01:02

    lol, Fare Evader and Amazin' Gone have such funny usernames in this rivalry

    • BartholemewH on 13/10/2023 - 22:30

      Amazing One?

      • kiitos on 18/10/2023 - 11:18

        All this time I've been reading their name as Amazing Zone.

  • mavis30551 on 13/10/2023 - 11:26

    bruh how much is the fee.
    Prob have to pay it.

  • playerzer2 on 13/10/2023 - 11:35

    Adam?
    John?
    Matthew?
    Job?

  • capslock janitor on 13/10/2023 - 12:13

    that u Dawid ?

  • TightAl on 13/10/2023 - 15:13
    +2

    Since you're unshackled, you should name and shame him.

  • mitt on 13/10/2023 - 23:44
    +4

    Buying my property I quickly learned the RE industry deserves its reputation. Everyone involved, from the selling RE agent, to the conveyancer I chose were incompetent &/or crooks. I ended up having to get an extension on settlement (putting my deposit at risk) because my conveyancer screwed some paperwork up & the seller wouldn't work with them to rectify it quickly. Seller insisted on a paper settlement (it was a bank) which apparently my conveyancer was next to incapable of dealing with.

    I figured out part way though most conveyancers are a single lawyer on eternal leave with a dozen "legal aids" charging hundreds to send out form-letters & click a couple buttons in PEXA. 100% of the actual work is setting up the contract you sign with them to ensure you cant escape paying them no matter how badly they screw up.

    Most conveyancers rent hot desks in shared office spaces to make it seem like they have a local presence. When you are looking to book one look up their address & see if its one of these shared office spaces. If it is, run.

  • johnfuller on 14/10/2023 - 12:06
    +1

    Get a lawyer asap and let them handle the property exchange. Don't deal with these small time conveyancers (dont get me wrong, some are good), pay a little more and put your mind at ease, they will have it handled in a week no issues !!

    Conveyancers are only paid when the property exchanges, this one hasn't so shouldn't be paid (but this depends on what you "signed")

    Don't pay the other conveyancer, they are only paid if the property settles, of which they are failing to do, so you have your right to exercise moving your business elsewhere.

    • FareEvader on 14/10/2023 - 14:35
      +1

      You get it. Not many others on the thread did.

  • tessel on 14/10/2023 - 20:44
    +1

    Honest question. What's the logic behind your parents naming you Jesus?

  • Baysew on 18/10/2023 - 11:23
    +3

    Glad everything worked out in the end. Time to treat yourself to a succulent Chinese meal.

    • idonotknowwhy on 18/10/2023 - 13:19

      LOL, didn't notice OP's pic until your comment made me look for it

    • FareEvader on 26/10/2023 - 23:46

      Farewell and Ta ta!

  • TransportPosters on 20/10/2023 - 12:01

    So what happened?

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