Three Day Cooling Off Periods – What Are The Pitfalls

December 12, 2011 Posted by Ian James

Ian James

As we are reaching the close of 2011 the market is giving one last lurch towards the final curtain. With only one auction weekend to go for the year, it is fairly safe to say total turnover of residential property will be lower than last year and probably lower than 2008 when we had GFC Mark I.

As we move towards the summer break from weekly auctions, we enter a far more difficult season of private sale negations. Many vendors will decide very soon that they have had enough and just want to get a sale happening. Many vendors will instruct their selling agents to re-canvass interested parties, especially those that showed interest but price became a factor. You may find that a property you were interested in but was too expensive for you suddenly has a massive price drop or the agent calls you and says the vendor needs to sell!

There are a few things to remember about putting further offers down on the same property over the Christmas hiatus. The main one is to remember what your cooling off period is. Everyone who places an offer on property in the state of Victoria gets a 3 day cooling off period with some notable exceptions. Neither land that is used primarily for industrial or commercial purposes nor land that is more than 20 hectares and is used primarily for farming have any cooling off.

There are 4 other exceptions that you must understand regarding cooling off. You do not get a cooling off period if the property is sold by publicly advertised auction. This includes three business days prior and three business days after. This is not as much of a worry over summer break as there are rarely auctions, except on the peninsulas. You also do not get a cooling off period if you are an Estate Agent.

The main two exceptions you have to think about are as follows. Firstly, if you receive independent advice from a legal practitioner before signing the contract you do not have a cooling off period. Secondly, if you have previously entered into a contract for the same land with substantially the same terms, you do not have a cooling off period. This means that if you had previously made an offer and it was turned down and now they are going to consider the same offer, if more than three business days have passed since your first written offer, then YOU DO NOT HAVE A COOLING OFF PERIOD. You may have made the offer in November and it was turned down straight away. If you didn’t bother to get the documents checked and then made the same offer on the same property sometime in January, it would be an offer without cooling off.

The other thing to remember about legal advice in January is it is sometimes difficult to get. Solicitors have holidays as well.

Finally, you need to understand when the cooling off period begins. The law is very clear; you must rescind the contract within three clear business days after the PURCHASER has signed the contract. In other words, when the offer is made not accepted. Many times during negotiations the initial offer and subsequent negotiations have taken well over three days. Once you have formally put forward a written offer, GET THE CONTRACT CHECKED BY A LEGAL PRACTITIONER.

If you are considering a purchase in January our office will be manned or the phones monitored tight through the Christmas break. If you require assistance, please call the office 03 9523 1054 and we will try to assist.

The above article was correct at time of writing but since this time the laws have changed.
Since 1st March 2012, the receiving of legal advice prior to placing an offer does not end your right for a three day cooling off.

Ian James
Director JPP Buyer Advocates

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The Valuer General figures are out for June quarter.

December 5, 2011 Posted by Ian James

Ian James

The Melbourne property market has only a couple of weeks left to run for the year and with a clearance rate of 55% according to the REIV for the weekend, some vendors and agents alike will be glad to see the end of 2011. But what changes are in store for 2012.

I wrote last week about where property prices will go over the next decade and that for all intents and purposes it is a “no brainer”. We did have the usual comments from people saying that I have no idea what I am talking about. However, not one response offered any other alternative, or even any factual response. In fact the Valuer General data for the June Quarter was released last week showing that house prices increased in the Melbourne Metropolitan area by 2.2% from the previous quarter.

The median house price has risen from $489,000 in March to $500,000 in June. Volumes are however at the lowest quarterly level since June 2009. It has remained unchanged from the median of the same quarter last year. These statistics are not educated guesses or samples of less than 10% of the market. These numbers are a statistical analysis of all the sales collected by the Valuer General of Victoria.

Unit prices have also risen this quarter: up 2.4% on the previous quarter. But the number of sales last quarter was 5353 and the same period last year had 7969 sales.

The biggest movement was vacant land sales. Down in numbers by a whopping 65%, the numbers in the same quarter last year were 5249 and this year are 1848. However, the median price has moved from $185,000 to 213,000. This is a 15% movement.

Tomorrow the Reserve Bank will try to read the tea leaves and have to decide whether to decrease the interest rate again or remain on hold and see whether Europe actually implodes. Further to this, the banks have had a credit rating cut and suddenly their multi-Billion dollar profit margins might be pulled back a touch. Even if the RBA decides to cut 25 bps, there is no guarantee it will be passed on and therefore may be of little use to consumers anyway.

Now throw in the housing figures above. Mining is still surging ahead with investment, retail sales figures were up 0.6% and even some investment into our manufacturing industry was welcomed last month.

I do not think the RBA will cut interest rates tomorrow. I think they will “keep their powder dry” and if the need warrants, will drop 50 or 75 bps in one hit to make sure a substantial lowering of interest rates hits the consumer.

Early next year investors will re-enter the property market. Renters are already having a difficult time finding accommodation, and rents will increase steadily next year. There are still many potential tenants offering over and above asking price for rental accommodation. When we do see a cut in interest from the Reserve Bank, and loans are available around 6.5%, there will be a veritable flood of investors pushing prices in the range of $400k – $700k upwards. For an investor with good equity, who can borrow 106% for an investment property, the shortfall can be as low as $4500 for the year to purchase an excellent long term growth property in Metropolitan Melbourne.

I am not talking about off the plan sales in some mining town in the middle of nowhere where capital growth is usually non-existent, or an apartment block of several hundred, some of which are never even built. I am talking about established A – grade properties within 10 km’s of the CBD. And if the interest rate were to fall to 6% then it is nearly revenue neutral.

2012 will see the slow but steady rise in values, of both houses and units in Melbourne. This assumes our interest rates do not go up, our unemployment rate stays around the same as it is now and Europe remains a mess. If rates drop, unemployment goes down and Europe works out its problems, then our property prices will very quickly revert to a growth near 8% p.a.

The next couple of years will be very interesting for property buyers. If you are interested in buying a property and what some assistance please do not hesitate to call for an appointment

Ian James
Director JPP Buyer Advocates

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Where are property prices really going?

November 28, 2011 Posted by Ian James

Ian James

We have had economists and university academics tell us property prices will fall by 40%. The media as a whole jump on this and espouse the virtues of the “expert” to a point where Nostradamus’ spin doctor would be proud.

When that proves wrong, there is no change to the media’s view point, we just wait for a year or two and then put the same experts back up with a different set of “proofs” and again champion their “expert.” Two years after the first academic to say the market is falling 40% we have more people saying the same thing.

The Valuer General figures show that Melbourne’s median house price between 2008 and 2010 moved up 12.66%p.a: the opposite direction to the experts’ opinions.

Earlier this year some of the same academics, and a few others that had a vested interest in luring people away from the Melbourne property market, began running with the “property prices to drop 40%” line again. This time with the global economic woes firmly entrenched on the front page of every paper, some people began to believe a 40% drop in property values was possible. The Valuer General tells us that the Melbourne median house price actually grew 1.8% from March 2010 to March 2011. These are real numbers! These are genuine statistics that are collected from people who pay stamp duty of property transfers. Basically it is accurate data.

Over the weekend I heard one of the TV stations running with the line, “The property market will drop 25%.” This is plausible, if you are assuming it relates to volume. I do think the turnover of properties will drop. If you think it relates to price, then there is no evidence this is actually happening. In fact if volumes keep dropping, and the better properties are more tightly held, I know which way property prices will definitely go over the long term. They will Rise and rise faster than they have in the past.

Australia is called the lucky country, and although we have dreadful fires, floods and all kinds of natural disasters, we still live in one of the best countries on the planet. And you will not get that much argument from many other people around the world. Our unemployment rate is the envy of every country on Earth. Our natural resources put Australia at the forefront of world economies over the next 20 years. Our only major problem is our lack of population. We should be striving to double our population within the next 40 years. Net migration should be allowed to increase to facilitate a reduction in skills shortages that our great nation has.
Global economic woes and another credit crunch will stifle property price growth in the very short term. But with our economy booming along relative to the rest of the world, our unemployment rate is almost a little too low, creating a skills shortage, and the outlook throughout most of Asia looking very good, I think people, in general, will feel comfortable to settle down and make a long term property purchase.

With a shortage of houses where people want to live, with the building industry slowing down in the wake of First Home Owners grants drying up from their peak in excess of $30,000 and with the population growing at a rate nearly twice that of the world averages, I cannot see how the humble Supply vs Demand economic rule will not prevail.

House prices over the next ten years will most likely increase at a rate equal to or greater than the last thirty years. Properties are not overpriced in this country. Australia is setting new benchmarks for global prosperity and people from all over the world will want to live here. And they will pay for the privilege. Expatriates are returning home from overseas to ride out the GFC. Many of whom are happy to purchase property here at very low prices comparative living in major capital cities around the world.

The media tend to report “Gloom and Doom” because it markets better than a “steady as she goes!” story. So here is a little gloom and doom for you. Over the next ten years property prices in the Melbourne will reach record highs and it will be just about impossible for first home buyers to even enter the market. For those of you who want your children to have the best possible start in life, think seriously about buying a property within the next decade for each of your children and setting them up as an investment property. Property prices will double within the next ten years across the top third of suburbs through Melbourne.

Ian James
Director JPP Buyer Advocates

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Market Wrap 20th November 2011

November 21, 2011 Posted by Ian James

Ian James

Another big weekend has come and gone as we edge closer to the Christmas hiatus. The REIV tell us that 633 auctions were held, with a little over 300 selling on or before auction. The clearance rate was 52% which is slightly higher than last week’s 51% but off from this time last year at 57%.
We know that whilst numbers were down at auctions on Saturday because of the flogging rain, there were still plenty of people out to purchase a property before the end of the year. Investors are again prevalent in the market place. They have not quite taken up the entire demand that first home buyers have diminished but it is getting closer. Many mortgage brokers are now telling us that pre-approvals for investment properties are rising dramatically and although the investors are not yet signing on the dotted line, the pre-approvals are there ready to invest when one assumes we have hit the bottom of the market.
With the advent of our property management division, we are now seeing first-hand the dramatic undersupply of rental properties that are available. Since building approvals have dropped so steeply this year and our population is still the fastest growing in the country, Melbourne has to house people somewhere. Most of our rentals are leasing out in the first couple of days and many people are asking whether longer than a year is an option for the lease.
The REIV has said vacancy rates are below 3% and if this continues to be the case, with another interest rate cut forecast in the within the next couple of Reserve Bank meetings, investors will be back to gross yields of between 4 & 5% with shortfall for the year on an average $500k property at around $100 per week after depreciation and tax deductions on the negative gearing.

16 Gowar St Camberwell
A 4 bed 2 bath fully renovated Cal Bung on excellent land. It is in one of the prized sections of middle Camberwell near Frog Hollow Reserve. Flogging rain caused an inside auction with about 30 people
Opening bid 1.45m was a vendor bid. Asking for 10k, after receiving No bids auctioneer called the half time break He came back out and offered another Vendor bid 1.475 before the eventual pass in.
The agent was chasing something in the $1.5 – $1.6M range. The published reserve was $1.55M
This property last sold in 2007 for $1.471M and yet no interest at this level now

41 Highfield Rd Canterbury
Again flogging rain caused the auctioneer to have the auction indoors in front of about 30 -40 people
Asking $1.35M – $1.5M
The 3 bed 1 bath fairly dilapidated period home has 2 living zones and garaging for 2 cars. The advertising blurb read “This original period style home set on the corner of McGregor Street and Highfield Road, offers outstanding value and exciting potential to extend and renovate, build a new luxury home or 2 stunning townhouses (subject to council approval).”
I would class the house as having little value.
As the auctioneer went through his usual spiel, and began talking about the merits of property development, calls from the audience directed at the auctioneer during the preamble set an ominous tone: Hecklers from within the small group of onlookers were saying that the council has said this property cannot be knocked down. A further audience member said that the overlay was on ¾ of Canterbury.
The auctioneer handled himself quite well by saying that if the successful purchaser wanted to renovate or develop the block that it would need to be approved by council or VCAT.
There were a few more exchanges and then the auction started
With the auctioneer beginning proceedings with an opening vendor bid of 1.2m we were underway.
Asking for 20k it wasn’t long before he had a genuine bid of $1.22M
With nothing else forthcoming, the auctioneer called the half time break
After coming back out, the auctioneer decided to one final Vendor Bid to $1.240 and the original bidder very smartly remained quiet and allowed the property to pass in. The reserve was listed today as $1.35M
The vendors may have trouble selling this if there is a concerted effort by neighbours to express vocal disapproval of any development. It seems quite sill as it is a corner block on a fairly busy road. To me it seems sensible to develop this type of property into two townhouses!!

Ian James
Director JPP Buyer Advocates

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It is a negotiators market.

November 14, 2011 Posted by Ian James

Ian James

Clearance rates near 50% and Christmas only 5 weeks away means only one thing for seasoned real estate agents. One on one negotiation will be the order of the day. Anyone purchasing a property between now and Christmas needs to be aware of this.

On Saturday we attended an auction in the Northern Suburbs. It was a very small crowd but two parties were there to do their best to secure the property. It should also be pointed out that approximately 20 changes to the contract had to be negotiated before we would even bid on the contract. Some of the changes we asked for simply made the contract useable, as it originally had severally contradictory clauses. This took approximately 12 man hours to complete last week, but it meant that we were confident that if we were the highest bidder on the day we would be signing a fair and reasonable contract. We had also negotiated settlement terms and as the plan of subdivision was still being registered, we negotiated a fair lead time for the title.

On the day we were outbid, by the other party. The property was passed in to our competitor but we awaited the outcome of the negotiations. Apparently the other party had not pre negotiated their settlement terms and even though their final offer was well above ours, we were able to purchase the property for our client and settlement was exactly when we had negotiated and all the clauses were changed as per our client’s solicitors advice.

If you are trying to negotiate a property on your own without a massive amount of property negotiation experience you will miss out on securing properties that you really should have got.

Many properties will not go the full course of an auction campaign. You need to be able to calculate what is likely to occur on auction day and then what the likelihood of being able to secure the property early will be. The trickiest part of the whole equation is this. If you go early, you are showing the agent how much you have and if you are unsuccessful in securing the property, the agent will have time to “shop” your offer around before auction. If, however you are given the option to go early and secure the property, it may mean you do not have to fight off emotional charged competitors at an auction.

Out of the 713 auctioned properties listed by the REIV, there were 323 sold. Nearly 20% were sold before and I would envisage that double that amount would have passed in and been negotiated after. This still goes down as sold at auction. In fact of the 12 auctions our team attended over the weekend, only 3 sold under the hammer, however, 9 still were listed as sold, as they were negotiated straight after the auction.

Anyone thinking of purchasing a property should retain the counsel of a qualified, experienced and licensed Real Estate Agent. A buyer’s advocate works and is paid by the purchaser. If you want to pay the right price, and save money in the negotiations, you should consider using a buyer advocate. Call us now for a free, no obligation first meeting with one of our experienced advocates

Ian James
Director
JPP Buyer Advocates

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