Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have had settlement on my house and it is 10 days and not…

I have had settlement...

I have had settlement on my house and it is 10 days and not received the money

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: What steps have you taken so far?

I rang the conveyancer twice. She said a cheque was in the mail

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do I have any options rather than have her tell me a cheque is in the mail. She seems evasive when I asked if she had put a trace on the cheque and denied knowing which bank it was coming from.

Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
3/26/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,244
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Ask Your Own Australia Law Question

Good Afternoon

if you have not received the cheque and it is then 10 days since it has been placed in the mail, I would suggest that you contact your conveyancer and request that they cancel the cheques as they have been lost.

Generally your conveyancer should have made copies of the cheques and they should now be contacting the other side that acted for the purchaser and having them check whether or not these cheques have been presented.

If your conveyancer refuses to do anything, I would suggest that you then report her or him to consumer affairs in Victoria.

https://www.consumer.vic.gov.au/licensing-and-registration/conveyancers/running-your-business/complaint-handling-and-dispute-resolution

10 days is far too long and if they appear to be reluctant to do anything this should raise alarm bells.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Ask Your Own Australia Law Question
Customer reply replied 28 days ago
Do you have the relevant section of the law about this issue?
Customer reply replied 28 days ago
No thanks. I don't want to call.
Customer reply replied 28 days ago
are you still there?

Good Afternoon,

there is no relevant section that I can refer you to.

But they have an obligation to ensure that they protect your interests.

On the settlement of a property to delivered to you as soon as practicable the settlement cheque being the balance of the sale proceeds.

You have mentioned that settlement was more than 10 days ago and you have still not received the cheque. 10 days is not as soon as practicable for you to have your settlement monies.

Her refusing follow-up the other side and ascertain whether the cheque is being presented and putting them on notice that it may have to be cancelled again is not looking after your best interests. If a 3rd party has taken the cheque and managed to deposited into their account then the other side is not: be able to do anything.

Further you should be asking her whether the cheque was placed in ordinary mail or express post, and if express post what the tracking number is.

Your complaint about her is that she has failed to provide you with a response as to where the money is and is also failing to follow up the other side.

The following link sets out the rules of professional conduct of conveyances in Victoria.

https://www.consumer.vic.gov.au/licensing-and-registration/conveyancers/running-your-business/rules-of-professional-conduct

In your situation from what you have told me she may have breached rules 1 through 6 in the way she is treating you.

And in today's market I assume we are not talking about the small amount of money.

I hope this is clear make sense.

Ask Your Own Australia Law Question
Customer reply replied 28 days ago
Thank you. I believe she is putting me off more than dealing with the issue and no it is over one million dollars

Good Afternoon

You are welcome.

You are also losing interest on the money and you should not have to lose that.

Please do not forget to rate my work 5 stars so I can be paid and continue to provide my services.

Take care and good luck

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,244
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,244
46,244 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,244 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I have purchased a defective car with an incomplete road
I have purchased a defective car with an incomplete road worthy. I would like to know my rights … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
I am like many others being held to ransom by the company
I am like many others being held to ransom by the company that sells La Mer Timeless and … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
When should a lawyer submit an application for reimbursement
When should a lawyer submit an application for reimbursement of court costs in proceedings before the Supreme Court? … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
How are you doing, NSW, a lot, No
Hi How are you doing JA: What state/territory is this in? It matters because laws vary by location. Customer: NSW JA: What steps have been taken so far? Customer: a lot JA: Anything else you want the … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
I was working in retail industry that required you to be
I was working in retail industry that required you to be rostered on a graveyard shift 9pm to 5am, I completed two of these shifts during my 3 year employment with this company, had trouble with shift… read more
Leon
Leon
Solicitor
46,244 satisfied customers
I have a what was a Life Insurance thru my last but one
Hi. I have a what was a Life Insurance thru my last but one Superannuation Job in 1997. This was changed a few yrs later to an umbrella insurance, and I didn't realise that if I don't die in the allot… read more
Leon
Leon
Solicitor
46,244 satisfied customers
My son has a property in Queensland. He has sold it to a
My son has a property in Queensland. He has sold it to a couple from Victoria who have taken residence of the house but the money has not changed hands but the contracts have I believe. … read more
Leon
Leon
Solicitor
46,244 satisfied customers
My work says I can no longer work day shifts because I can't
My work says I can no longer work day shifts because I can't drive I have been at this job for 17 years and it was never an issues … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
I had a modest super fund amount of $6500 and was told
I had a modest super fund amount of $6500 and was told unofficially the they could invest this to make really good gains which would make it all more than worthwhile Quoted $3500 max … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
I'm 85 years old and my Computer provider ******** who owns
I'm 85 years old and my Computer provider ******** who owns ******** in Mawson Lakes sold me a faulty Telstra modem for $400, Telstra said today they would have provided me for free. Can you help me? … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
Can a reputable overseas Bank operate a mortgage loan coy on
Can a reputable overseas Bank operate a mortgage loan coy on line … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
My sons insurance claim has been denied. He lost his licence
he lost his licence for a time but was licenced at time of accident . Due to a misunderstanding between he and I we did not inform Allianz of this at the time but did before claim. They said it would take 10days to review clam it has taken almost 6 weeks in which time still paying ins premium . Do we have any case to challenge denial … read more
Leon
Leon
Solicitor
46,244 satisfied customers
My husband was today found guilty of tapping my car and
Hi my husband was today found guilty of tapping my car and neglegent driving he was realised on bail after we had a arguement in that mean time he seeked professional help and is now properly medicate… read more
Leon
Leon
Solicitor
46,244 satisfied customers
RE Qld health over payment in 2011. I was aware of
I was aware of overpayment and notified payroll immediately to repay in 2011. They would not accept full repayment immediately then moratorium put on all repayments. I ceased working with Health end of 2011. As it is over 8 years I have distroyed all of my payslips and bank statements.(as recommended by my accountant) Now contacted in feb 2018 to repay amount. They are also outlining I must repay a certain amount per fortnight which I cannot meet financially. Do I have ability to negotiate the repayment amount i can manage over time? Do I have to repay fully after this period of time? Thank you, Kat … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
Thanks for your help We are a group of tenants at "Warhaven"
Dear Pearl Thanks for your help We are a group of tenants at "Warhaven" - 74 units all owned by the RSL and managed by a company called Bolton Clarke. The hallways are filthy, the custodian demands en… read more
Leon
Leon
Solicitor
46,244 satisfied customers
Received a letter from Marsh, stating that I can claim some
Received a letter from Taylor Marsh, stating that I can claim some money owed to me. This doesn't ring true to me. Peter. … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
I work for mars petcare and have been stood down for 8 weeks
I work for mars petcare and have been stood down for 8 weeks for swearing yet another associate has said similar to me but didn't even get sent home … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers
How are you? VICTORIA. I seperate with my husband 5 days ago
I seperate with my husband 5 days ago and now he ask to take my daughter to his place . Should I give to him or not? … read more
John Melis
John Melis
Diploma In Law
2,403 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x