Forum Replies Created
A contract is a contract is a contract- the 4 corners of the contract stand and that will be according to contract law. Yes, it may well work differently because different “standard” contracts are used.
The way Real Estate is handled in each state will be different.
I know things are different in NSW- the process is different- and with the possibility of being “gazumped” – that is harder to happen here in Victoria.
It is a good thing in my view the way NSW works – except for the “gazumping”. — a vendor cannot get out of a contract once signed by the buyer and himself – in agreement that is… unless as I said – he had an “Ian Reid” type contract. Where other agents have questioned the legitimacy of such contracts… again .. a contract is a contract is a contract……
And as I said – I think it is fair enough that a vendor should not be locked into a sale if the buyer is not- that is here – the vendor has to wait until the finance clause and the building inspection clause ends or is fulfilled before the vendor is clear there is going to be a sale – the buyer can pull out – no questions asked but the vendor could have accepted other possibly higher offers.
I think it should swing both ways…………….Terry 4 corners of a contract when I did legal studies – 2 parties, agreement, consideration, and the item.
If a vendor has signed a contract – I dont think he can withdraw and as far as I know – he does not have to sign within 3 days. You get 3 days cooling off but that starts the moment the buyer signs the contract. The vendor can still sign 5 days later and your cooling off has ended – that was my experience as a real estate agent. You need to put clauses in the contract – the offer – to be signed within 2 days or 3 days so that it has an end date.
I always thought it was one sided that a vendor could not take a higher offer.
Ian Reid had a contract that allowed the vendor to take a higher offer if one came along after the contract had been signed. I am not sure if the still do that – and there was uproar among real estate agents that they could do this.
But a contract is a contract is a contract in my view. The vendor should be allowed to get out of the contract as much as the buyer is allowed to.
If the vendor has signed and you want to get out of it- you could end the contract my mutual agreement – if you both want out.
if you have not been informed the vendor has signed or not – then write to the agent straight away and YES have evidence you sent that withdrawal.
Terry – vendors dont pay a deposit. If you are thinking that it may be void of the “Buyer” has not paid a deposit – this is not correct either- if you signed and did not pay a deposit then you are still liable for costs if the vendor decides he wants to go ahead and you dont. The deposit is “hurt” money- the vendor can access if you dont go ahead. If there is no deposit – then it is harder to get that money.
There was a case locally where the buyer did not pay a deposit- the agents got into a bit of trouble – not much and the case went on for a while – the vendor I dont think got anything because the buyer did not have money. But if you have something to lose – like your own house – you can be sued.Yes, the reason that you cant get immediate results is that it sometimes takes that long before the sale price gets to the titles office- it is not a function of the data or the service itself.
As Matt says – call the agent on the Monday and see if they will give you the price. Or watch the sales yourself.
You dont really need values so immediately as its not an exact science. You can spend all your time getting values but then the market shifts- there is an interest rate rise or fall and it all changes the landscape. Just because that house sold for $X does not necessarily mean that the next one will sell of $x or $x+Z… it is an overall moving value. Its helpful but not exact so dont get hung up on the immediacy of the numbers – go with what the market is telling you.
PRData used to call us immediately after an auction to get the sale price. They are both expensive to get into – I would not bother too much unless I really think something is a good buy.
But it helps to make it cheaper – so if Matt is offering to be part of a subscription – then it will be more worthwhile………Winadil there is always another property around the corner. Dont get sucked into “you have to do it now” or “this will be snapped up soon”.. it is just a matter of the right one will be the right one when the time is right for you. We all live in houses and we all buy and sell houses – there is always another good deal coming by.
Jacm is right – you need to listen to those who deal in property.
Jamie and Richard have a depth of knowledge. You can listen to Uncle Bob but take care that he knows what he is about – and take it as something to be aware of- dont let it affect what you know is a good thing to do.
In my experience – its about having the knowledge – and yes there is always a “risk” but it is a managed risk.
It is a good idea to chat with Richard and/or Jamie and make a plan based on what you can do.
I have met ONE ONLY financial planner who can make a difference- where she changed one thing to cost you less out of your pocket. In the main- other planners have sold me insurance and that was about it…………..Awsome Juve… you are doing all the right things then.
I dont know if you should hang on to a property forever. Some say that and some say you should do a calculation on opportunity value- that is what else can your money be doing?
Property is a longer term investment – if you listen to everyone you will get analysis paralysis…………Jamie is right- get a valuation or appraisal done – yes they are free and I have heard them used before – its more than most people do at the time. A valuation can cost up to $1000 – that is up to but not necessarily.
I am not sure if its about the lender in changing the loan from PPOR to IP – its more about tax implications and how you are structured in the first place. ATO likes to know what your intended purpose was in the first place.Kristen, its good to see some people who post here who have a depth of understanding of investing – you are one of those people.
I was once a real estate agent. There are many in real estate who do a really good job. Real estate agents get a battering here.
All investors would do well to make their real estate agent their best friend.
I know a property coach who espouses this.
I stand by my comment that real estate agents don’t understand investing though- but they sell houses – or manage them – they are not “investment advisors”…. That should not be confused. When I was selling houses, if you talked about “tax benefits” or “depreciation schedule” – agents but also buyers would glaze over.I hope that you keep making your worthwhile comments here so investors can see that real estate agents can be your best friend.
As I have suggested in another post – look for when the media has mixed messages – about now in Melbourne.
I have seen some news say prices are stable and in fact have gone up – that is true where I live – prices have not gone down.
Some prices have gone up closer to the city.
There are also reports that there are less properties on the market – which again leads to demand from buyers and higher prices.
From where I am- prices have already hit bottom and are rising again.
Try looking at median prices in your area- and see if you can find something lower. That will tell you something.
And as Noob says – find more properties like the one you have – it is bringing you in cash.
I dont know if you are complying with “rooming” house regulations where you are – better check that with your local council.Oh Not all real estate agents dont understand investing- ask Kirsten who posts here – she seems to understand:
Kristin Simondson
E: [email protected]| P: 0410 202 393 | Office: 98 Rathdowne Street, Carlton 3053
A refreshingly honest approach to real estate http://www.peterbarnes.com.auWhich state are you in?
Jamie is correct in this instance- you need to think about what’s in it for him- for both the broker and the Real Estate Agent. My first thought on the real estate agent was “why are you taking advice from a real estate agent”… they dont give advice. Not forgetting that I was a real estate agent too. Not many of them know how to spell investing let alone understand it……….
And there is something in it for your broker as well- he gets the re finance trails.
As Jamie says – you need to think what YOU want to do.
Then go to an accountant – see what he says.
The hardest thing in changing the PPOR to an IP is around taxes and changing a loan- I am not sure how that works but I have heard others – not my experience but from others- that there are implications in changing the loan from PPOR to IP. From a tax point of view – you can move out and make it your IP – done that myself – but I am not sure about the loan.
Get an accountant who KNOWS property. That will also be hard to find. If you need one I can suggest a couple.
After that – your broker’s advice is important.
Listen to your real estate agent only as far as appraisals go. Get another agent to suggest a rental return – ask a property manager if you should sell it and see what they say. I bet the answer will be NOOOOOO!The media has a lot to answer for. I agree.
What I do know is looking at median prices in my area they have only RISEN.Opee, I dont have a view on whether OTP is good or not- I have seen posts on this site re Park Trent. I dont know how they are.
BUT if you ARE looking in Brunswick- have a good look at it- it has become the place to be.
If you cant afford it- maybe look at the next suburb out.
I also like Thornbury and Preston for investing- not too popular just yet but close to everything.
I remember when Brunswick was not so popular – then someone said rent was cheaper in South Yarra! Just look at Brunswick- how close to the city and how much is close- tram, train, shops, Highpoint,…………… Heck I even used to walk from Uni to work in Brunswick!
Ok, off my soap box… Brunswick I think is a good place to invest- close to so much… hospitals.. universities – not just one university…Wow! What a great meeting last night.
Lucas covered many things and answered many questions.
This led to attendees saying after – “Wow, he was the best speaker we have seen. So patient and good answers. Lucas was very generous with his time”.
Thanks Lucas…. we hope you come back again.
If you would like to know more – get along to our next meeting on Aug 23- Planning Changes and how they affect Development in Victoria”See you all there!
Jennie, do you mean – what does “PM” mean? Private Message me?
In my view – you might like property managers who others simply don’t get along with.
It is always a good idea to keep your ear to the ground – but also do your own research.
And remember- “What Peter says about Paul, says more about Peter than it does about Paul”.You will meet Sales people – not property managers…. that is if you want the sale price value- for CGT purposes.
You will meet the property manager if you are looking for rental only.
You meet them where you want- best to meet at the property to ensure they get a good look at it.
As I have been saying here – where I am property prices have not fallen. You might be pleasantly surprised.
Check out RP data for the free report on your area to get a FREE idea. At least this gives you an idea of what your local market is doing.
CheersJacM I am so with you. I would love to know more about Geelong and what you know. I will PM you. I think Geelong is a good place to invest – even more so now with the “lay offs”- yes definitely one to watch.
Not with the stigma thing or anything – but I dont think rental will be affected in this area – Centrelink is still at work.I like the Bird cage thing too!
I know in Altona there is a “bird cage”… again where the streets are named after birds.
I have thought Geelong for quite some time- and it is so nice how they have improved the fore shore.
Yep – drive around the shopping centre.
Oh, BTW- I live in one of those “lower demographic areas” in Melbourne….. prices here are still going up………….That’s funny! I thought you were having a go at them!
No Freckle, I am not kidding. As Nigel says – this is a quick headline grab. IN my experience as a real estate agent- yes the media is about 3 months behind. When you start to hear mixed responses from the media – this means the market is turning.
On Saturday evening news on channel 9 they reported that prices had in fact risen in inner Melbourne.I am not sure what you mean by the “price has gone down to $225K”?
Do you have comparable property analysis around you? How can you know that?
Are there other options available to you? Like can you furnish the unit – you can get second hand furniture – and rent it for holiday rental for higher? Cairns has had a lot of development over the time for holiday makers so you should be able to make it work.
Is it near things?
How is your agent?
From what I saw visiting many times to attend conferences – they built a big conference facility and the tourist demographic improved significantly.
You could sell it – or it you can hold out til the market improves – sell it then and move on. For mine – I would hold on until it improves at least- even in Summer.
Can you check seasonal variation in values? Say on RP data_ Some of the other posters here might be able to help you with access to residex but I am not sure if they provide seasonal variations………….I would imagine the bank would ask for the $100,000 short fall- I cant see it any other way- they want their money or the purchaser would take the hit for the $100,000 as Terry says