>>But when you both want to do different things, it’s trouble. One wants to sell, and the other doesn’t… then you have all kinds of exit charges blah blah…<<
Kay, you hit the nail right on th e head in what you said above.
Having a business partner is fraught with problems. One wants to sell so he can get his money out, the partner wants to keep the property for a longer time frame.
One partner loses his job (or gets transferred interstate and wants out) and problems arise.
Something unforeseen goes wrong with the property which means more expenditure than was anticipated
and there is another source for friction.
Everyone smiles whilst things go O.K. but the moment something goes wrong the partners will start blaming each other.
Pisces
In my circle of friends and family, there have been some truly bitter experiences with business parterships.
Of those that have survived, some have been financially successfull, but none have been particularly happy affairs.
Thank you for those kind words. I would like to return the favour by saying what a considered and balanced post you have posted. I totally agree with the points you raise…both on employment and SIS’s strategy
SIS’s strategy is fine for the share/futures markets where the transaction costs are now ridiculously insignificant. But in property where transaction costs and CGT are a major impost, I have doubts. Add to that the inability to effectively hedge yourself against corrections….hmmmm.
Alright I ‘spose in a raging boom, but market timing is difficult enough in an information rich environment like the sharemarket…very very tough in an info poor market like RE.
I don’t think its a buyers market just yet. Corrections almost always overshoot and then revert back to the mean. I’m not even sure that we are anywhere near the mean yet..
here here….well said EZ, this will take 2 – 3 years to play out.
>>I have lived in the Uk and from what I can remember it is a long very complicated process in buying a property (not to mention it is 12000km away) over there.<<
Geronimo, are you refering to the chain setup over there? I understand this can complicate things, but I have some very close friends who are living and investing there at the moment(Basingstoke area)…they have mentioned this, but it hasn’t held them up too much. They have done exceptionally well.
The UK is a fantastic place for $+ve deals. But do be very careful about the area you invest in. Some areas are quite dreadful, with 0 prospects of CG and difficult to let.
The UK is where I will be investing. (Missus already has some over there )
It doesn’t matter what Jenman thinks, or what you or I think.
What matters is the conditions on the authority of sale that the vendor signed.
As far as an opinion…Imagine if the agent was honest, and worked his nuts off trying to flog the house during the contract period. I would be happy to pay the commission in this instance and believe it would only be fair.
On the other hand, we all know that this is relatively rare…
>>can u not negotiate the terms of this document?? maybe we shld all start adding clauses stating that if the house is not sold within the period with wch the agent has rights to market the property, then the agent has no claim on commission’ or words to that effect.<<
Good point! I’m sure you can delete or add any clause you like, so long as the you and agent initial the changes. Getting the agent to agree? Hmmmmmmm that could be an interesting negotiation LOL
Good question, I have pulled out the form from my files and had a look. This is the REIV form, I don’t know about other states.
Commission is due if the property is sold:
3.3 after the expiration of the authority period for to a person introduced to the property within the authority period (whether that introduction was by the agent or by another person) and to whom, as a result of that introduction, the property is sold.
In the exclusive authorities I have seen (REIV Exclusive Authority) the time period only indicates the period of exclusivity.
The rights to commission to are not extinguished by the expiry of the exclusive authority (if agent introduced the buyer to the property)
In fact, I believe the authority(but not exclusive authority) continues, unless terminated in writing, or a another exclusive authority, with a different agent is entered into.
I’m not saying I agree with this, but that’s the way it is.
It depends on what type of authority was signed with the agent. I think you will find if was an exclusive authority, there is a clause that covers this.
Beware! RE agents tend to be a litigious lot over these issues…Jenman is right, they can, and probably will sue!