Solicitors...

[silentC]

IMO this solicitor is acting properly on their clients behalf

I'm afraid that makes you the only one Peter, even the purchaser had no problem with the way it was done. All he did was to delay the whole process, cause a lot of stress and angst, rob my parents of a bit of enjoyment on their holiday, and probably most significantly, rack up a few more 1/4 hour blocks at $70 a pop!

Fact of the matter is, whether he likes it or not, the law in NSW says this can be done.

[Sturdee]

I'm afraid that makes you the only one Peter

May be so Darren, it’s not the first time and definitely won’t be the last time.

I sympathise that it delayed the whole process, caused a lot of stress and angst and robbed your parents of a bit of enjoyment on their holiday but as conveyancing is normally charged at a fixed cost I doubt he would have made more money.

I know that you look at this matter from the seller’s point of view but imagine the following scenario. If the contract for the new property you bought was signed by a close relative of the vendor under such an authority and just before settlement, after you had sold your house, the real owner decided to cancel and not proceed what would happen.

You, having incurred losses, would need to take legal action in the Supreme Court to obtain redress. This is not cheap and could put your life on hold for a number of years whilst it is all sorted out.

The adequacy of such an authority would have to be determined by a Judge and the Act may not have been drawn up by Parliament to adequately protect you in such a situation. So you could loose even more. However the POA situation is clear for it has already been tested in the Courts as high as the House of Lords over many years. Whilst it may be legal a POA would be better and is also legal.

If this hasn’t convinced you that the solicitor was acting in the interest of his client, even though it inconvenienced you, I think we have to agree to disagree.


Peter.

Disclaimer: Please note that this is my opinion and not legal advice to be relied upon. Independent advice needs to be obtained in a similar situation.

[silentC]

The adequacy of such an authority would have to be determined by a Judge ... Whilst it may be legal a POA would be better and is also legal.

This is the crux of the situation. I don't know whether or not it has been tested. It may well have been. My solicitor seems to think it is satisfactory, so maybe he knows more about it. It can't be less binding than a POA, ultimately it is either binding or it is not.

I take your point that the purchaser needs protection as well, I have his deposit as security whilst he has nothing but the law. I don't think that is at issue.

I haven't seen the legislation but I can only go by what my solicitor tells me. Unless it is worded such that it only applies to a registered agent, you could probably just as easily argue that it is not binding on an arrangement made with a Real Estate agent either. If it does refer to a registered agent, then I presume my solicitor would not have relied upon it in this case. I might try and dig it out.

No wonder barristers all drive such nice cars, huh?

[Sturdee]

I haven't seen the legislation but I can only go by what my solicitor tells me.

Darren I think we agree in principle except that I am more cautious about what solicitors tell me than you are.

Over the years, because having worked for few employers who would prefer to go to court rather than settle a dispute :eek: , I have often heard solicitors and barristers, including QC's, say one thing and later the Court say the opposite.

The ultimate legal meaning etc of your authority I do not know however the POA has been tested over centuries and is absolutely clear as to its legal meaning. This must be a plus for the purchaser. As to the agent signing, if it turns out wrong the purchaser can sue him for damages and his professional idemnity insurance is available whereas a seller's agent hasn't.

I have just finished serving on a jury. The accused got and acted on his legal advice. If he had obtained better legal advice and acted on that instead he would not have been found guilty. So legal advice and legal advice is not always the same or correct. That's why barristers drive such nice cars.


Peter.

[Iain]

Having spent many years in court I have seen many incompetent solicitors make obscene amounts of money, then I have seen some go broke too.
I recall one near where I used to live, he was on the council and the police suddenly took an interest in some council land dealings.
This solicitor suddenly turned up in a deceased state in his car in the bush, no suspicious circumstances................say no more.