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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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If a solisiter company on the purchasers & the sellers, does

Customer Question

If a solisiter company on the purchasers & the sellers , does not do a serch on the the company that is supplying the title document ,only to find out that the company has been deregisterd after the contract was exchanged , and settled the contract for $200,000,18mths later , it only showed up 8 weeks ago when the bengio bank ,found that the tiles office would not register the tile because the company was deregistered, both the lawyer companyworking on fixing the problem , but this has left me in a financial mess as I have had to borrow aprox $35,000 to make other arangments to supply stock water, purch tempary water transfer , to run my horticulture operation, So in summery ,,,,,,I give a deposit of $20,000 to raywhite realestate ,to purchase 200 meglters of ground water , a contracts drawn ,a tltle certificit is sent with the contract , sertifyng that WALhas 200 megltrs ,contracts are signed ,then exchanged, settlement my bnk gives $200,000 to my solicitor, in exchange fora sertifict of title , ""posesion " the bnk sends the title of for registration , "so fare so good"" as of today 13/01/ 2016 I don't have possession , my question is to the lawyer is were the lawyer firms required to ensure that the company that sold the water to me should have made sure the company was registered at the time of settlement , the contract was made on the 4th of September 2014 18 mths ago , as I don't have mutch education I am struggling with this issue, thanks for your help on this issue
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
The Conveyancer acting for the Purchaser has been negligent.

They have to undertake all searches and make sure that the company can sign the Transfer to you.

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