29 September 2010

A bizarre conversation with my solicitor

Things begin to fall into place. Finance was approved. The real estate agent had the deposit and contracts were exchanged. A settlement date was set. I’ve always been so curious about the process involved in settlement, and at some stage would like to be present when it takes place.

I imagine a darkish, sombre room. The room might be wall-panelled, perhaps a glassed book case stands against a wall, a mahogany table dominates the room, everything reeking of conservatism and money; perhaps it would be the office of a bank. On opposite sides of the table the solicitors or conveyancers are seated, representing me and the vendor. The real estate agent might be present, and perhaps a couple of bankers representing the financial organisations. The very stern solicitors would study the contract of sale, check the sale price, ensure the cheques were just so, and then various documents would be slid across the table.

Though, probably a brightly lit office tended by clerks and junior legal staff manage one settlement after the other, and the coffee stained table is strewn with snack wrappers. It would have to be this way given the lack of care some conveyancers and solicitors demonstrate.

I was curious about this particular settlement, given that it was almost 200km distant from Canberra. I wondered that one or other of the legal teams would travel to the other city, or meet somewhere between the two locations. Neither of these options were considered, when I enquired. My solicitor would contract someone to act on his behalf, or if no one could be found, the vendor’s solicitor would be asked to handle everything. Did I mishear something: the vendor’s solicitor would do everything. Sounds like a potential conflict of interests. It’s done all the time, he said.

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