2 weeks ago
I am interested to know what is PEXA's policy with regards to fraud committed by a lawyer or conveyancor ? ie if the conveyancor deliberately changes the sellers bank account details ?
I read PRSG and the exclusions ,but could not find a topic covering this subject . Since we are all forced to transact using the PEXA platform ,i feel this is a very important question. Not all lawyers and conveyancors are ethical and work for the best interest of the client .
Does the PRSG cover such a fraud ?
2 weeks ago
Our system depends on lawyers and conveyancers doing their jobs, and observing their professional obligations.
If you consider that a lawyer or conveyancer has breached any professional or ethical obligations, then this is a matter to take up with the relevant body that regulates them. If you consider that there has been any fraud, then it may be necessary to involve the police.
If you have concerns about a particular lawyer or conveyancer, I would encourage you to speak with the regulator in their state, as they will be able to provide advice as to your options.
2 weeks ago
In a nut shell ,NO! . I was advised to seek the help of the local authorities or the relevant body that regulates ,conveyancers or lawyers . Since the fraudulent lawyer or conveyancer who committed the fraud used the PEXA platform ,shouldn’t PEXA take some responsibility to retrieve the money on behalf of the vendor? or pay in full or up to a limit the money stolen or taken fraudulently
2 weeks ago
If you can send me some details via private message (whether it was a lawyer or conveyancer who represented you, and in what state), I would be happy to advise you as to which regulator is relevant. There are mechanisms in place to cover these scenarios (for example, see information here from Consumer Affairs Victoria about the Fidelity Fund and Victorian Property Fund).
a week ago
I am about to put my house on the market and contemplating whether to use a lawyer or conveyancer ? I am concerned about the PEXA platform and what could go wrong if a lawyer of conveyancer is fraudulent. Does the fidelity fund cover any losses ? or does lawyer's professional indemnity insurance ?
I can assure you that if fraud is committed by a lawyer or conveyancer, PEXA will not take responsibility in any way. In fact, PEXA will lead you down the path of the court system expecting you to fork out hefty legal fees and waste your time in trying to obtain information that can assist the victim in resolving the crime. If you hire another lawyer to fight for you, you also risk the fact that the lawyer representing you may not be acting in your best interest, therefore becoming another party to assist in covering up the fraud.
Yet they will provide the same information you request to the lawyer or conveyancer that committed the fraud but puts the consumers through hoops just so they can get the same information. In other words, they will protect the lawyers or conveyancer's fraudulent actions and allow them to continue on their path of destruction against innocent people.
Refer to my post titled 'Pexa allowing for fraud whilst withholding information directly related to the private lender'.
Here you will see how PEXA protects the fraud committed by a lawyer or conveyancer by making it difficult for the victim to obtain information even after they have verified the victim as a party to the transaction.
I speak from experience as we are currently going through the abuse of having multiple government bodies including the courts assist these lawyers in covering up the crimes they have committed as well as allowing them to continue on with committing more crime whilst turning a blind eye, gaslighting the situation and shutting down the consumer's right to justice or their services.
It is a very big concern for us .All this online stuff on the PEXA platform is open to fraud by any party. I am thinking of engaging a lawyer's firm instead of a conveyancor,just for peace of mind .Even though the Law firm is charging me $1900 plus disbursements . The lawyer assures me the professional indemnity insurance covers me in case of misappropriation of funds .
Sounds like you had a bad experience with PEXA ,hope everything works out.
Do you think engaging a law firm like MK lawyers is more secure than a conveyancor ?