First, back up a bit. If you are a registered owner of the property, you will need to (a) sign the contract of sale and (b) sign the Titles Office transfer document. If you're not getting sufficient answers to your questions, don't sign.
Just because the property is 'sold' doesn't mean that's the end of it. There is generally a period of at least 30 days from signing the contract until settlement (when payment is exchanged). It is standard conveyancing practice for a title search to be done on the day of settlement to ensure nothing has been placed on the title in the meantime - like a caveat.
Lodged but unregistered dealings show on title searches. That means the very moment the caveat is lodged it will show on the search.
Thanks again for your reply Rob, it's been of great help thank you.
I'm not actually sure if I am registered on the title deeds. The reason for the confusion is because many years ago I sold the house to family members ( husband and wife) who, at the time, could not afford to pay what the house was worth ( they obtained quotes as advised by a Solicitor at the time). I wanted to help them so I offered to accept part payment and the rest of what the house was worth I agreed to allow them to *owe* it. This was to occur on the death of them both when the house would be sold out of their estate. This was all addressed via solicitors on both sides and a "Deed of Agreement" was put into place to ensure everyone was in agreement and it was all above board and covered legally - for both parties. Other family members were also involved so that it was all above board.
Roll on many years later and neither of them have died - however they have now decided they no longer wish to live in Australia. I sought legal advice months ago and was informed that this Deed of Agreement meant I was on the deeds - which confused me initially because at one point I was told to lodge a caveat, and when I stated this would be expensive and I couldn't afford it I was then informed not to bother as in fact the Deed of Agreement meant I was part owner anyway i.e it would form part of the property deeds, which was news to me. I was informed as I was on the property deeds the caveat / lein would actually not be required after all so the decision was to not follow it through. I was advised to just keep a check of the property to see if it went up for sale, and advised the minute I see it has been placed for sale, to advise my Solicitor who would then contact the Real Estate Agent to ask for the owners Solicitor details.
Roll on to now; the house has been sold to a cash buyer, which I found out by chance by checking online randomly, and when I contacted the Real Estate Agent he had no idea I had a Deed Of Agreement with the owners which included a percentage of the property. He stated he was unable to give me information in regards to their solicitor however he would speak to the owners. They have refused to provide their Solicitor details.
Despite numerous requests the owners have point blank refused to provide any details. I suspect given they did not tell the Real Estate Agent and the fact they did not tell me they had sold, they probably have not told their Solicitor or Conveyancer either. Given my numerous requests for info and their reluctance to tell me anything as well as their numerous requests for me to not involve a solicitor, I believe they are planning to pocket the proceeds and get the Solicitor or Conveyancer to unwittingly send the proceeds of the sale directly to their overseas bank account.
I have a Deed of Agreement - however given the circumstances this isn't worth the paper it's written on if they conveniently don't tell their Solicitor of the Deed of Agreement- and he sends all the proceeds of the sale to their overseas account. From what I can gather the Deed of Agreement would be legal in Europe however the amount owing would not make it a viable option to chase up as the costs would far outweigh what was owed. I believe they know this.
Regarding the sale timeline : many years ago I completed a sale completion in 14 days - not normal from what my Solicitor told me, but I did manage it. This is why I'm concerned because this cash sale may be at least a week old by now. They will be pushing it through in case I'm on their trail...
Regarding the caveat register showing on a title search: would that be enough for a Conveyancer or Solicitor to stop the proceeds of the sale being sent overseas? In other words does the fact it's been lodged but not registered mean a solicitor or Conveyancer would be alerted to not sending the money overseas? Is this discretionary given it would be registered but not lodged?
Thanks again Rob - your help in trying to understand this has been invaluable. I really appreciate it.