SA House on Caveat Still Sold - What Happens Next?

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Leanne1300

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25 June 2017
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So my "ex" husband sold our family home behind my back, but I managed to get a caveat in time. The conveyancer still went through with the sale as they did not check for the caveat on day of settlement. What can I do? The money is apparently in trust but the sale has gone through and they are unable to transfer titles due to caveat.
 

Lance

Well-Known Member
31 October 2015
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Hi Leanne,

You should speak with a lawyer. The conveyancer could be in a bit of trouble here, but at least it stoped the transfer of titles.
 
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Tim W

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28 April 2014
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I agree with @Lance, it's time for you to get a lawyer.

(Stuff like this is why conveyancers should only work as supervised employees of solicitors....)
 
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Rod

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27 May 2014
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If you have no objections to the house being sold, the price received for it and are happy to have a portion of the sale proceeds, then possibly you can agree to release the caveat IF the money is first held in trust at a solicitor of your choosing. That way your solicitor has a duty owed to you and if he stuffs up you can claim against your solicitor. As it stands now whoever is holding it on trust may not owe you any duties.