Conveyancers making mistakes

[fdaniels]

We signed an OTP in July sometime.

We accepted a bond grant quotation on August 10th, and signed the grant quotation at the bond registration lawyers on August 17th. At this point we also payed all fees due by us to both lawyers (conveyancing fees and transfer duty). Since then we had to head back to the bond registration lawyers twice to amend 'mistakes' on the forms.

The first mistake was that the account number of the transfer lawyers had a digit missing, the second mistake was that the date of the OTP was incorrect (it was one day off).

Now because of this it looks like the estimated registration date (October 1) is no longer going to be met. Now the Seller is angry since they made plans as to move to their new home on this date. They want us to move in on the original estimated date and pay them occupational rent.

1. Can they force us to move in and pay (the OTP said we will move in on registration).
2. Can we somehow reclaim 'damages' from the lawyers? (neither of them wants to accept blame here)

 

[etwylite]

1. No. The agreement stands
2. Yes. But only if you could quantify the losses/damages suffered by yourself as a result. If you had to rent for a longer period. etc. suggest you propose reporting them to the law society and ask for a 50% discount on their fee as an alternative settlement

 

[fdaniels]

Thanks for the advice. It feels a bit like fighting a lion without weapons.

 

[Skydrops]

1. No. The agreement stands
2. Yes. But only if you could quantify the losses/damages suffered by yourself as a result. If you had to rent for a longer period. etc. suggest you propose reporting them to the law society and ask for a 50% discount on their fee as an alternative settlement

Ouch! Threaten a guy's profession, :erm: law society, would want proof... as well.

@ OP: The end of the day, they are paid not to make mistakes and to be accountable for them. You could possibly find a lawyer who won't charge you and will claim back from the winnings. The lawyers you used, should have had insurance... and your new lawyer may claim from them or the insurer, and add his fees onto that, or settle out of court.

These things tend to drag on, very long...

So try best not to take them to court, and get them to make a loan, pay you, then they pay it off. Should they not have the capital.

Also, go get proper advice.

 

[fdaniels]

Ouch! Threaten a guy's profession, :erm: law society, would want proof... as well.

It is probably the only leverage that I may have. The paperwork is there, so unless they fabricate counter evidence ...

These things tend to drag on, very long...

So try best not to take them to court ...

Yep, don't really want to go that root either. I just want them to own up to their mistakes and not make their mistakes a burden on us or the seller.