on 02-05-2021 08:33 AM
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 ?
on 04-05-2021 03:04 PM
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.
on 05-05-2021 06:03 PM
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
on 05-05-2021 11:10 PM
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).
on 07-05-2021 08:37 AM
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 ?
on 12-05-2021 05:01 PM
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.
on 12-05-2021 05:54 PM
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 ?
on 23-05-2021 04:13 PM
I apologize for the delay in my response.
In regards to your specific question in relation to MK Lawyers, I am not able to comment on their services as I have not engaged their services before but I highly recommend that you seek reviews from Google or any other sites before engaging in any service.
What I can say though is that the situation with legal professionals reassuring you are protected by professional indemnity insurance should be considered as false advertising as the reality is very much the opposite when it comes to protecting the victim. The basis of my statement comes from our recent encounter with the Legal Practionerer Liability Committee (LPLC) whereby it was advised that a claim is required to be lodged by the lawyer and that our claim would not be considered or investigated unless this is done. Now if you think about the scenario, a lawyer who commits fraud needs to make a claim on the policy as they represent the lawyer and the consumer according to their advice is meant to lodge a claim for the fraud he/she has committed in order for the LPLC to investigate the claim made by the victim. The chances of this occurring are close to nil for that to occur.
It does not make sense whatsoever although we are shut down, silenced, and isolated by those who have covered up these lawyers' actions. PEXA's process is that they are willing to provide a transaction statement to the participant of the settlement transaction to determine where the money has gone but won't provide it to a verified party of the transaction who has fallen victim to this crime and that if we have concerns that fraud has been committed by the lawyer the best course of action is to complain to the Victorian Legal Services Board and Commissioner (VLSBC) who are well aware of who the lawyer is and have not done anything given that we have been complaining about the lawyer to the VLSBC since the middle of 2019. PEXA also states that they rely on the representatives in these property settlement transactions to act honestly and do the right them yet do not have any other measures in place to prevent this from occurring. Although if you tried arguing with a lawyer you are faced with a challenge when they chose to gaslight the situation and cover up each other's wrongful actions as a way to stop the victim from making claims. I view these responses and behavior would be deemed as corruption.
Those bodies such as PEXA, VLSBC, Victorian Ombudsman, Registrar of Titles officer, Victoria Police, and other bodies have protected one another, covered up the wrongdoings initiated by these lawyers, and permitted for them to continue practicing whilst consumers of their administrations are made subjects to their ongoing mishandle, ways to silent and isolate you. This appears to demonstrate the flaws in our legal framework. My claim is upheld basically by giving you the following circumstances: the lawyer who has swindled us has had drug-related charges against him since September 2020 and has had numerous complaints made against him to the VLSBC for more than 3 years. Yet is still able to operate his law firm as the principal lawyer and use his finance company to continue attacking his victims and prey on more innocent victims. On the other hand, you have got another lawyer in Victoria who has been helping citizens and attempting to assist them after extreme rules enforced by the government which restricted citizens' basic rights due to these COVID-19 rules such as a public housing lockdown in July 2020. As a result of her actions, her practice was taken away from her and her license within a matter of weeks after she filed class actions for her clients against the State of Victoria. How is this morally correct or even possible?
So getting back to professional indemnity insurance I would not bother relying on it as assurance as you have no chance of making a claim if the fraud has been committed by the lawyer unless the lawyer makes the claim according to the LPLC. I highly doubt this would occur and even if the lawyer did make a claim, it is morally incorrect seeing it conveys the message to lawyers that if they decide to commit fraud against a consumer then their insurer may pay the compensation to the consumer should the lawyer decides to make the claim. Also, it allows for the wrongdoer to have control of the situation so I do not understand how this process can be enforced.
standard hacker as it shows that representatives of this flawed electronic conveyancing system who are trusted by these consumers can easily fall victims of such criminal activity whilst they are protected by governing bodies and other private organizations. I believe the system allows for mortgage fraud and that the rules assist government bodies and other organizations in covering it up to silence the victims through financial, psychological, and emotional abuse committed by those involved.
Thanks for your time.
on 23-05-2021 06:57 PM
HI Wheresdajustice ,
Thanks for that very informative write up. It seems like you had a very bad experience with this particular lawyer in regards to your property settlement .What were this lawyers actions? You say ,you were swindled ,Did he commit fraud ? How close are you from getting your money back ?
Victorian Legal Services Board and Commissioner (VLSBC) administers the "fidelity fund " to cover against acts of negligence ,fraud by a lawyer or the firm . Did you approach them ? I was informed ,if in the case of deliberate fraud or misuse of funds or misappropriation by a lawyer ,the fund will reimburse you.
Hence the reason I decided to go with a law firm or legal practitioner instead of a conveyancor in Victoria . Any fraud committed by a conveyancor you have to go through the Victorian "Property fund " administered by consumer affairs Victoria (far too risky ) . Either way , we have to work with what we got ,and try and mitigate the risks.
2 weeks ago
I wish I can tell you that you are right about the Victorian Legal Services Board and Commissioner (VLSBC) from experience use tactics to prevent one from having access to those funds. The VLSBC are only good at protecting lawyers who commit gross misconduct or fraud.
To give you an example, the Registrar of Titles Office VIC, PEXA, and the VLSBC have done nothing to restrict access to the electronic conveyancing system by this lawyer, even after the Supreme Court of Victoria found that the lawyer had misused the system to falsely lodge a mortgage without authority from the parties. Further to this, all this was happening whilst the lawyer was and still is up for drug charges. The irony of this is, when the police laid charges against this lawyer, they had also aided his 6 million dollars home and found a substantial amount of money there, according to an article in September 2020.
The VLSBC has not even removed this lawyer's practicing certificate. Also, the Legal Practioner's Liability Committee (LPLC) has ignored a claim lodged by the victim directly with the LPLC and they have advised that the claim needs to be made through the lawyer. So the riddle in all this is, how is it possible to lodge a claim against a lawyer's insurer with that lawyer if the lawyer has committed fraud against you? This contradiction only speaks volumes for the type of tactics in which these bodies use.
Another contradicting scenario that PEXA is yet to explain. If a verified party requests for information about a discharge of mortgage then PEXA refers that party back to the lawyer. Now if the lawyer has committed fraud and therefore had misled or not informed the party of such transaction taking place on a specific date nor provided payment to that party at settlement, how would it be possible to obtain that sort of information from the lawyer? PEXA advised that if a verified party can not obtain that information from the lawyer, who mind you is able to request such information directly from PEXA, then they would need to issue proceedings and obtain a subpoena from the courts in order for PEXA to release such information.
The irony of all this is that the lawyer who commits the fraud is able to access the information that has a direct impact on the victim and yet the victim who is said to have been verified by PEXA as being a party to the transaction, would need to obtain a subpoena to get such information. I hope this explains the horrible experience in which the victim has gone through with these bodies to give you a better understanding of this flawed system put in place by none other than our government.