I have to say it sounds like a smart and sneaky investor ploy to push some out so that they can move in and reap the benefits… before too long prices go up again and people realise that it was wrong. I for one hope this stagnates prices for the next 3-6months as I am on the verge of buying another property and would hate to see prices jump just before I buy!! :p
Anything that hold prices back for the short term will only cause a mini boom/sudden spike in prices once a correction catches up in time anyway,..
Some people run "successful businesses" by being tight, and always trying to blame someone else, using stand-over tactics to try and get people to pay up so they can save themselves a few bucks.
I remember when I was younger my parents rented a house from a dragon of a landlord, wealthy, well connected woman, the house had run down carpet, peeling paint and benchtops with burns that were falling apart. She initially wanted to do it up (re-carpet, repaint… not sure about the bench tops but anyway…) my mother said no need, as having four kids we would only wreck it anyway. When we moved out she tried to claim these things were caused by us, she was very demanding and very stand-over, she even sent her solicitor around to our new house demanding we pay for these things or it will end up in court. My mother dug her heels in and told him where to go and not to come to our house again, reminding him that all these items were already on the initial inspection report. Needless to say we never heard from them again, it was just a bullying stand-over tactic.
My point being if you have a contract that says that if it isn't working on the day of settlement monies will be held to pay for it, and no monies were held back, then the items must have been working… the new owners have to prove that it wasn't working the day of settlement, and no compo would be payable as they had up to five days before settlement to tell you these items needed repairing…
A few minor appliances not working would never hold up in court, seek legal advise if you wish, however I would tell them and the REA to not contact me again and to have their solicitor provide to me where the breach of contract occurred…
At the end of the day unless you are trying to make a quick buck, what you can afford to pay and finance today should be what you are looking at and not if price "might" got up or down, in the long term they will always go up regardless of short term rises and falls. If you can afford it today, you can still afford to hold it tomorrow, even when it goes down in value, however if it spikes in value permanently can you still afford it? If you will be driven out of the market due to price increases, and they never come back down wouldn't you be kicking yourself for not getting in sooner? However if you get in now and your property price drops by 5-10% for a couple of years, even in 10-20 years I can all but guarantee it will be worth substantially more than what you paid for it (unless the end of the world was upon us).
Don't listen to the doom and gloom, they probably don't want you to buy so they can get in on the good deals that you would of otherwise got before them.
This is not a stab at people who live in Penrith as it can happen anywhere, and I have several family members who live out that way, and they are all great people too. I would be wary of what areas you buy in out there as lower socio-economic areas will have a greater density if "scum" who will ruin your IP. Lets face the facts here, these people live in areas with cheaper rent, and when it comes to your finances and the possiblilty of losing everything, it is something you want to be careful about.
That said there are obviously alot of good people who live in that area too, just make sure you buy in a better area out there, and have a strict and good property manager to ensure it is kept in check. (The one I have looking after my property in Sydney is one that I hated when I rented through them, as they were so anal about everything, they would bug people about rent if it was 1 day late… which is what you want as a Landlord).
Unfortunately I doubt you will be able to blame your solicitor, for one he may be crap but I doubt has broken any law or duty to you which would open him to being sued. Secondly solicitors don't like to sue each other very often (unless they are the one suing not on behalf of a client) as they like to protect their own, it keeps themselves safe for when they stuff up one day and need the "boys club" protection. Also it is not his fault you buyer has shot off on a holiday.
Your options would be to resell to someone else (and risk losing your new property) or continue with the sale if you have a date when this guy gets back. Unfortunately if you didn't make a definitive date that settlement must occur by then you can't really do much, as the buyer can sit there and wait for you to pull out.
You won't like this last part, but legally YOU are to blame as you chose the solicitor and you agreed to the contract end date. Hopefully this guy gets back from his holiday soon and does the right thing, in future make sure the contract has a date to finalise by as he would then pay substantial interest for every day he is late. (my in-laws recently sold their place with a fudged date, due to the buys needing to sell other property first, however the date was still 30-90 days, so the buyers had to finalise by the 90 day mark)
Personally I find people like your solicitor hate to be bugged, so ring him daily – 2 or 3 times a day, to bug him about what is going on, if you are constantly on him, he will chase it up to get you off his back, this is your money and your property we are talking about, and he is working for you. Make sure he gets a date for when your buyer will get home.
Slightly off topic of accountant costs… these spreadsheets people are talking about, are they just home jobs banged up, are they professional ones you can download somewhere, or are they software generated? (Financial programs)
Id say with the current "housing crisis" that Australia is experiencing you have bucklies of stopping the development, and the legal costs to try would be enormous.
I'd suggest petitioning your strata or local council, and suggest they put a give way or stop sign in near your driveway, so that the new residents have to give way to you. If this doesn't eliminate the blind spot then mirrors put in place to be able to see traffic may also help. You may find some or all of this (including traffic management on the private property, common driveway) is strata's responsibility.
At the end of the day the only way to get something done is to make a fuss about it until they decide that a solution to your problem is easier than dealing with constant complaints. The more residents – from both apartment blocks, that complain, the more likely something will get done.
Whist is isn't that common in housing anymore if you want to buy an older house to renovate, be careful it doesn't contain any asbestos products. Whilst these homes are perfectly safe to live in (or so they say) any renos or building works that will disturb the asbestos can be expensive.
The only situation I can think of that would fall into this category of a "short notice situation" without knowing it was going to happen (as most people can usually see what is going on up ahead or can just refuse it) is someone in the military. If you friend is in the ADF and has had a short notice deployment or posting and has been required to move because of "service reasons" there are new provisions that came out this financial year (09-10) which make them exempt from having to live in it for 6 months.
not sure where the ruling for the federal government is but it is out there somewhere. (We all know how tight the NSW Government are, and they wouldn't pass this ruling unless the Federal Gvoernment already had :p )
If your friend is not in this category, (knowing that they have 12 months in which to occupy the property for a period of 6 continuous months or more) then unless he/she plans to move back into it within 12 months of purchasing the property, your friend should consider declaring that they have moved out and consider repaying the grant. If they got stamp duty exemption they may wish to remember that they will have to pay this back too (I know mine in Sydney last year was just over 15k for a property just over 400k).
Its their choice if they want run the gauntlet, so if they are not in the ADF or cannot move back into it in the near future (within 12 months of settlement). Then they are not eligible and I don't recall seeing any other provisions for it.
To throw a spanner in the works, my actual loan is with Adelaide Bank, however is through Australian Mortgage Options. They arent the best people to deal with as most of the time they are just a relay service to AB yet I still have to do everything through them.
The NAB loan is staying as is it is everything else around it I am wanting to change.
I have taken the cross collateralisation into consideration and am happy to keep them separate, just looking at keeping the loan with AB competitive, at 170k interest rates aren't of greatest importance, as are fees (including refinance costs) but if I am going to take it to 250-270k it becomes more pertinent.
I have shot off an email to them explaining that the current interest rate I am paying is a bit too high (I believe it is 7.44% from last check though everything is filed away atm) and am unhappy with the current loan. I have asked them to see what they can do for me it make it better, and let them know if it cannot be done then i will be refinancing elsewhere, to which I have already decided to go with ING Direct and Westpac for refinancing and a new loan. Both of these offer around 6.7-6.8% no frills investment IO loans with no ongoing fees (ING up to 5years WBC with up to 10 years).
I might just keep them separate, as the second property, being our PPOR, is a good one for sale if the price is right (further down the track). Plus I want it to be a quick sale, as my strategy for that one if we do sell it, is to reinvest quickly somewhere where prices are lagging behind, so I might keep it with NAB and go elsewhere with the others.
To clarify, my PPOR is still the second property, as I have relocated due to work reasons, and am renting the property out while I am away (which may be quite a few years :p perfect for me though).
The loan on this property is a special loan through NAB and my employer and it MUST be P&I, however this is fine with me. The First loan is/was IO (just ran out) and with Adelaide Bank. (need to make a decision as to stay or move banks before I sign back on for IO with them, also want to extend it to 80% LVR) I am considering refiancing however there will be about 2k worth of costs to refiance it to another bank, but the interest rate is about 7.4% however I can get it almost 1% lower with NAB and no fees, due to my current package with them.
At this stage we have an offset account on the NAB home loan, however have extra cash on the loan itself, as the offset account is also our everyday account and is calculated monthly, whereis the loan account is daily, and I can redraw it without charge at any time.
Cheers for the advice, anything else anyone can suggest would be great.