When Kay Van Pelt sold up on the Gold Coast and downsized to Hervey Bay she had plans to slow down and enjoy the simple life.
But soon after the 73-year-old moved into her new home she discovered the next-door property had been transferred into her name — not the townhouse she had agreed to purchase.
The paperwork bungle left Ms Van Pelt living in a property she did not own.
The larger property next door, which legally belonged to her, was still on the market with prospective buyers touring through.
Both properties were within the same community titles scheme.
The property over the fence was sold to Ms Van Pelt incorrectly. (ABC News: Lucy Loram)
Ms Van Pelt said she told the law practice dealing with her settlement the wrong property had been described in the documents but she claims the error was not rectified ahead of settlement.
"I moved in and then I got this letter from the council telling me that I'm now on their records as owning this other house and I was responsible for the rates — and there was a huge amount of rates outstanding," she said.
"I thought this is strange because if you've settled on a house you'd think you would have zero rates owing.
"It's when I looked in the fine print that I could see that the letter was for house two [on the survey plan]."
Ms Van Pelt hired a separate lawyer to have the correct property transferred into her name.
She said she faced months of uncertainty waiting for the title to be rectified.
"I felt like I was in this house but my money was invested in the other house," she said.
"So then I had to insure that house because that's where my money was, but I didn't live there."
Complaint made to legal watchdog
In April 2023, Ms Van Pelt made a complaint to the Legal Services Commissioner (LSC) about the Queensland law practice that finalised the sale, Ownit Conveyancing.
In a letter sent to Ms Van Pelt in August last year the LSC said it was investigating the Beenleigh firm.
LSC told the ABC it could not provide details about the status of the investigation.
"The commissioner also does not comment on, including confirming or denying the existence, or any aspect, of any alleged complaint, investigation, or referral," the LSC said in a statement.
Ms Van Pelt moved with her dog Chilli. (ABC News: Lucy Loram)
In her complaint, Ms Van Pelt alleged that Ownit did not provide her paperwork to finalise the sale until the day of settlement.
"I had vacated my house and was having coffee with a friend before I headed off and was bombarded with paperwork and everything to sign," she said.
"I had no access to a computer or anything at that point so I went to the office of my local member and asked for help to get the paperwork signed and emailed."
She said she was assured she would have early access to the new property as her Oxenford house on the Gold Coast had already been sold.
Ms Van Pelt said after driving all day to the Wide Bay region she found out the early access request had been denied.
"It was dark, I had a car full of stuff, dog squeezed in, and I was in an awful predicament with my removalist coming in the morning," she recalled.
Kay out the front of the house she intended to purchase, which is now in her name. (ABC News: Lucy Loram)
She said she spent thousands of dollars rectifying the transaction and had to keep her belongings in storage.
More scrutiny over settlements
Ms Van Pelt, who is now living in the residence she intended to buy, wants property transactions to be more heavily regulated by the state's legal watchdog.
"I was feeling distraught. I was just so upset," she said.
"You fully trust them that what's on the contract is correct, and you'd expect that it goes through their solicitor and that they would be cross-checking and ensuring everything's right.
"You'd be very particular to make sure you've got the right house, one would think."
Ownit actions 'reasonable'
When contacted, Ownit Conveyancing chief executive Melissa Warbrick said the firm did not prepare the contract for sale.
She said the paperwork showed the title reference and lot number for the property described as all matching.
Ms Warbrick said Ownit responded to Ms Van Pelt's LSC complaint in September 2023 and told the watchdog "various aspects" of the complaint "were plainly incorrect".
She said Ownit followed up after Ms Van Pelt advised them the correct property was not listed on the documents.
"Ms Van Pelt did not reply or indicate any further concern before settlement," Ms Warbrick said.
Ms Warbrick conceded there was an error in the documents, which was identified in the survey plan.
"We believe that, although an error was made, Ownit did what was reasonably expected of lawyers to ensure the correct property was named and — in the circumstances above — it is hardly the only party responsible for what occurred," she said.
"At Ownit, we maintain rigorous governance, compliance and professional conduct as required by the Legal Profession Act.
"We take great pride in successfully assisting thousands of home buyers and sellers each year."
Could have been rectified at 'no cost'
Ms Warbrick said Ms Van Pelt did not ask Ownit to handle the rectification of the documents which would have been done at no cost.
She said attempts were made to contact the seller's lawyers but they refused to deal with the firm as Ms Van Pelt had already instructed new solicitors.
Ms Warbrick said the settlement date had been brought forward and claimed Ms Van Pelt "prematurely made arrangements" for her belongings to be delivered to the property.
"On the assumption that a request for early possession would be granted or that it was simply a formality," Ms Warbrick said.
"Given that the request for early possession was denied is a grudge for Ms Van Pelt to bear against the seller, not our office."
The lawyers for the sellers told the ABC they did not prepare the contract.
The real estate agency that dealt with the sale did not respond to requests for comment.
Conveyancers want changes in Queensland
Australian Institute of Conveyancers president Michelle Hendry said Ms Van Pelt's story highlighted conveyancing issues in Queensland.
"This is likely a one-off error. Albeit distressing to the client, it's not as simple as blaming the conveyancer," she said.
"There are many parties involved — the agent, the lawyer who signs off, and a bank or broker."
Michelle Hendry says there's less regulation in Queensland. (Supplied)
Ms Hendry said there was often pressure for conveyancing transactions to be done at a reduced cost.
She said because Queensland did not have licensed conveyancers, like in other states, customers relied on solicitors to sign off on the work.
Ms Hendry said this meant there was less regulation.
"The Queensland Law Society has a lot to answer for. If conveyancers were able to be registered or licensed in Queensland the appropriate regulations would be in place to prevent this from happening," she said.
"Ultimately, in Queensland, it's a solicitor signing off to ensure the client receives the correct title for the property."
Seek out a solicitor before purchase
Queensland Law Society's special counsel for ethics Shane Budden said buying a house was one of the biggest financial decisions a person would make.
"There's a lot of stress around it," he said.
"It's an important transaction, it matters a lot to the client, and we have to take it very, very seriously in those circumstances."
Shane Budden says it's best to be prepared when buying a home. (ABC News: Michael Lloyd)
Mr Budden advised homebuyers to seek out a qualified solicitor even before looking to buy a house and take the time to find a lawyer to help with the transaction, rather than seeing it as an afterthought.
"The best piece of advice I'd give anyone is 'if you think you're buying or selling a house then go and talk to a solicitor first so that you understand the process'," he said.
"Because forewarned is forearmed."