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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44151
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Is this an Australian site? NSW, no, No, I assume i tell the

Customer Question

is this an Australian site?
JA: What state are you in? It matters because laws vary by location.
Customer: NSW
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I assume i tell the story to them?
Submitted: 5 months ago.
Category: Australia Law
Customer: replied 5 months ago.
I just completed a NSW land transfer.
I was the Vendor.
The purchaser put down a 5% deposit.
My conveyancer didn't pick up on it and settled at 10%. This means i'm out of pocket 5%.
What are my options?
Given settlement has happened i the contract for land valid? eg i can recover from Purchaser.
or do I recover from my conveyancer?
Expert:  Leon replied 5 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 5 months ago.

Good Evening.

You have the right to sue the conveyancer for negligence if you cannot get it out of the purchaser.

Your conveyancer should send a letter to the other sides solicitors and ask for the 5%. They have not settled until they pay it and you should lodge a caveat ASAP on the title.

You have a valid contract and you can sue on it.

If they wont pay you can also sue your conveyancer for the cost to get the money from the other side.

I hope this makes sense and is of assistance. If there is nothing further

Thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Regards

Leon