QLD Negligent conveyancer. 20K bill after settlement.

[JoeBro]

My partner and I bought a house in January. 1 month later we get an email from our conveyancer saying we owe nearly 20k for not disclosing my partner was English. When looking at the email chain between the Office of State revenue and the conveyancer we can see that they lie saying we mislead them. We have numerous documents we
sent them including forms signed by a JP stating she is English. If we had known the true price of property tax we would have put the property under my name only as its my money and deposit. Alternatively increased the bank loan.

 

[Nighthelyn]

Dear JoeBro,

I am assuming what you are saying is, you have evidence you have sent to your conveyancer that your partner is a foreigner (and liable for foreigner surcharge duty and surcharge land tax), that your conveyancer fails to account for those extra cost in advising you, Queensland Revenue Office is now pursuing you for unpaid monies and you are wondering what you can do.

You should consider one or more of the following:
a. contacting Queensland law society on how to lodge a complaint (I am not clear from your description is this a conveyancer or a lawyer, but they will help you figure out)
b. contact Queensland Revenue Office seeking to waive penalty interest; and/or
c. commence action against the conveyancer for your loss.

Regardless of what you do, you will need to pay Queensland Revenue Office.

What you do depends on the situation and because any claim would likely involve the conveyancer’s professional indemnity insurer, you need legal advice. There is a general time limit of 3 years to commence a complaint action and 6 years to commence legal action.

Good luck!

-Nighthelyn