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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.

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Answered in 5 minutes by:
3/26/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
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.

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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

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Customer reply replied 3 months ago
Do you have the relevant section of the law about this issue?
Customer reply replied 3 months ago
No thanks. I don't want to call.
Customer reply replied 3 months 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.

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Customer reply replied 3 months 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: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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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.

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