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gardenlen

buying/selling real estate qld style.

gardenlen
18 years ago

might well they say "let the buyer beware" but in qld real estate dealing it's "let the seller beware".

home owners all start life as a buyer and end up as a vendor (seller).

according to my eagal adviser the following is more common than un-common:

the buyer gets indormation from his financier/banker/whoever saying that their mortgage loan to purchase your property has been approved.

the buyer through his legal representative then notifies you the vendor through your legal advisor that they have successfully acquired finance to buy your property at that stage the contract is then unconditional (as buy then all searches and inspections are generally completed).

the trap is that the banker did not realy mean that the buyers finance had been approved though that is how they worded it, they realy mean that they are willing to further investigate allocating the buyer the finance needed.

the hidden factor is the 'mortgage insurer', if they haven't come to the party then finance will not be approved by the banker.

1.. if you are buying property and get information saying finance has been approved do not let your solicitor pass that information onto the vendor until you the buyer ring your financier and ask about the mortgage insurer factor.

if you don't and then finance is withdrawn after you have told the vendor that it has been approved you the buyer are going to be in breech of contract when come settlement day you cannot settle. at that point you owe the vendor the contract price of the property and can be persued in common law.

2.. you the vendor when you get information that the buyer has finance approved be prepared to move but do not move until you know exactly that settlement is going to occur. there is nothing you can do to ensure that everything has been done correctly from the buyers end.

all i can say is if us home owners don't get together and take charge of the law makers to the degree that we the vendor get more protection we are going to be the losers all the time the laws are fashioned to protect the real estate agent who if you read the agreement you amke with them get to claim the commission even if the contract isn't settled.

there is no law to stipulate how much deposit must be paid, for the most the agents tkae 2.5% which equates to theeeir commission and they get to hold the ante and as you know possession is 9 tenths of the law.

we need situations like this:

1.. if finance is going to be saught by the buyer then there should be at least 5% deposit required within 7 days of signing the contract.

2.. once finance has been approved that deposit should belong to the vendor and be handed to them forthwith as a non-refundable deposit should the buyer reneg and not settle the contract.

3.. that the real estate agent should in the case where a contract is not honoured NOT be paid any commission as the real loser here is the vendor.

the commissions in qld real estate are higher than in other states...

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