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lsideLega
Watch for these home
selling blunders...
The saying goes "you live, you learn" ­ as an attorney and conveyancer I experience the truth of this
saying daily. Newsflash: We don't know everything about everything and even when we think we
know it all we are reminded that we, in fact, don't when we are faced with that dreaded curve ball.
Over the past 3 months, I have been involved in the transfer of a property as the appointed
conveyancer. Three sellers on the one side (two of whom are barely on speaking terms) and one
purchaser. The transfer process ran smoothly (in our world this means that we obtained the rates
clearance figures within a reasonable time and the parties gave their full cooperation) and we were
excited to lodge the matter at the Office of the Registrar of Deeds for registration. The days following
the lodgement of the matter are the most stressful ­ the matter might be outright rejected (meaning
that we must rectify a document and re-lodge) or a note might be raised by an examiner (causing a
delay) and, be assured, all the blame will be directed our way. Only once we are informed that the
matter is "on prep" do we breathe a sigh of relief (and hear the sounds of champagne corks popping
in our minds) and put the matter forward for registration.
Back to this transfer.... The matter was well on its way to registration in the Deeds Office when we
were informed by the sellers that the property was broken into and vandalised to the extent that
significant structural damages were caused to the property (that blooming curve ball...).
In the early days of my practising career I dealt with divorces ­ after 5 years I decided to steer my
law career in a dif erent direction to avoid the emotional drama/trauma. Boy, was I surprised to learn
that conveyancing is not very different to family law ­ countless times have I been asked to mediate
between parties to an agreement of sale.
This matter was no exception. The sellers were panicked, the purchaser wanted to cancel and we
were instructed by the parties to withdraw the matter from the Deeds Office.
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