Searching the market for property
Searching for property is the single most time consuming part of buying a new
property. It is also where the biggest mistakes can be made. If you have ten
properties to see on any given Saturday, the chances of viewing more than 4
effectively are slim. Once we know what a clients needs are and we truly
understand what our client wants, even in a high turnover market, it would be
rare to want to view more than 3 properties. If you try and view ten properties the chances are you will miss out on at least
half and those you do visit might not have the correct time spent at them. Also
"Murphy's Law" predicts that those you missed were probably the ones you should
have visited. When you are just starting out, walk through lot's of houses just to get a feel
of what you like. Narrow down the basics. Then choose some basic parameters that you can see both on the web or ask simple
questions of the agent:
- Land size - is this back yard too big or too small
Once you have found the right feel ask the
agent how big the block is. Anything more than
20% away from this - DON'T VISIT. - Number of living areas and number of bedrooms
Work out what you like then stick to this. If
you need 2 bedrooms and a study then a 2 bedroom
flat with one living zone does not need to be
visited. - Unless you only want period home or modern home then style is totally your
choice.
- Car space
This is important in inner city properties as
they make a huge difference in both price and
what you want. - Number of Bathrooms
It is either
"one is OK", or its not. - The last factor is price
It is no use looking at something that is
worth 10% over the top of your budget. In actual
fact it will be detrimental as it can cloud your
judgement on what you can afford.
It is far better to walk through 3 or 4 properties and inspect them thoroughly
rather than run through ten and not remember any of them. How to search efficiently Start with the internet. Web portals are a great place to start as they cover most of the agents
Use the search parameters to refine your search When looking at advertisements on the web:
- Phrases like 'renovators delight' or 'restore to former glory' can mean the
house may not be liveable. If you don't want to renovate at all these properties
can probably be scrapped off your list.
- If there are no pictures of the bathroom or kitchen then they are probably not
renovated.
- If there is no price quote listed on the add call the agent and ask him or her.
Just because it appeared on your search results does not mean it is being quoted
within those search parameters.
Other ways to find property in your areas:
- Local papers - these can usually be found free at the Real Estate Agents office.
- While you are there look on the front
window.
- Go inside and ask to speak with a selling agent. Get his or her contact details
and stay in touch. Tell them what you are after but don't be specific on price.
You cannot be too circumspect, otherwise the agent will not know how to help
you, but if you are too exact negotiations will be very difficult. (If he is a
professional real estate agent with plenty of experience and you are not, then
negotiation will be very difficult for you anyway).
When calling the agent do not be afraid to ask if there has been any
competition. Ask if there have been any offers. Ask if the Vendors statement is
available. Double check the open for inspection time. I have been to many opens
where there have been typographical errors and thrown out my run. Always ask the
agent if he or she has any similar properties to this one on the market at the
moment, or are there any coming on shortly. Check out the times these properties are open for inspection and set up a run
accordingly. Remember agents are usually very helpful to make alternative
arrangements for times if the open times are impossible for you. (Just not on
normal weekends during 10am - 5pm when they are usually booked solid with other
open for inspections). Make a list and leave enough space to make some notes. Inspecting a property
Whilst I would suggest any prospective purchaser organise a building inspection,
there are plenty of properties that you can look at and discount before paying
for an inspection.
- Arrive a few minutes before the start of the open if you can. Note what time the
agent gets there (if an agent is regularly not on time and not organised this
will assist you when negotiating).
- Walk around the block and down any adjacent laneways before you go inside. It
will help you to adjust to the area and neighbouring properties.
- Always know the way a property is facing. In Melbourne the sun rises in the
North East and sets in the North West. North is where all the sun comes from!!
Don't rely on the agents to have drawn a map. They could be incorrect or simply
not there. (take a compass if you have to).
- When entering the property you will be asked to identify yourself. This is
perfectly normal and it is both a security measure for the vendor as well as the
agent. They will ask for your name and telephone number.
- If the agent gives you a brochure, turn it over and there is often a floor plan.
I always walk through the house making notes on the plan.
In each room note:
- Ceiling height:
8ft, 10 ft, greater than 10 ft
- Floor covering:
Carpet, Unpolished boards,
Polished boards,
Concrete,
Linoleum
- Bedrooms:
Dimensions - pace it out.
Built in robes?
Curtains?
- Living zones:
Where will the furniture go?
Where will the TV go?
Where will we eat?
- Kitchen:
How big is the fridge space?
What brand are the appliances?
Gas or electric? Condition of fixtures.
Is there a dishwasher and is it included in the sale?
- Bathroom:
Condition of fixtures.
Separate shower? Or is it over bath.
Is there any storage room?
- Laundry:
If it is a flat - are there facilities in the bathroom or kitchen?
If a home - is there external egress?
Is there good storage space?
Can you mount a dryer or fit a second fridge?
Outside:
- Any undercover area?
Any shade from the afternoon sun? from the north west?
How big is the back yard?
- Look down both sides of the house where possible.
Hot water service? Does it look old?
- Look up - what does the guttering look like?
What is the roof covering; tin, colorbond, tiles, etc. and
What is its condition?
- If you can see under the house easily - is there a reasonable gap between the
dirt and the bearers
Does it look very wet (think about today's weather)
- Car accommodation: Garage -
Any extra storage space?
Carport -
Can it be enclosed?
How many off street parking spaces?
Do not be afraid to talk to the agent. Be aware that any opinions he gives you
swill and should be biased toward the vendor (his client) e.g. Is this a good
investment, or is the price quote fair for the area. If you are asking him a
factual based question: eg. How large is the block? He should give you an exact
answer or find out. If you like the property ask if there is a vendors statement
available. If you have made some notes on each of the properties you have visited, you
should be able to remember them easily once you have finished the day. Remember
more than about three properties and they will tend to begin to blur unless you
take very good notes. You can take photos at most opens, please be polite and ask the agent first!! Make your first photo the agents
'for sale' board: it will help you split up the
photos on your camera After you have completed your day compare your notes straight away whilst all
the properties are fresh in your mind. If any of them are worth following up,
let the agent know you are interested. Then you need to move on to
assessment if
you want to take it further. Ian James
Before the negotiation
Doing the deal is in the forefront of a selling agents
mind. And the best deal does not necessarily represent the highest price. It
always helps, but you must remember that a deal is made up of Price,
Timeframes and Conditions. An unconditional offer of $500,000 with a 30 day
settlement and a $50,000 deposit may be far better received by a vendor than
an offer of $520,000 with a 120 day settlement, subject to finance and using
a deposit bond.
Whenever you are negotiating a deal, whether it is to buy
a home or a refrigerator, you need to understand the rules of engagement.
These can be different for every selling agent. Some will tell you they are
not taking offers, some will ask you to sign papers to say you have received
legal advice and others will ask you to put all offers forward verbally.
Some agents demand a deposit before putting an offer before a vendor. Some
of these are OK but just remember there are two parties to the contract, not
one.
- Before putting an offer forward you should always ask the
selling agent when you will get a written response.
- Always ask what settlement terms the vendor would prefer.
- Ask what the deposit needs to be.
- Ask how much the vendor wants to sell you the property now.
These questions will show the agent that you are not
unfamiliar with the system. The agent may tend to treat you more as an
educated buyer and less as a "wood duck" (totally inexperienced buyer).
This has nothing to do with what to offer or when; for
that you need to carefully assess the value of the property, understand all
the nuances of the current market and also know how to handle a selling
agent.
Please feel free to email us if there is a specific topic
you wish us to write about at howto@jpp.com.au. Over the next 12 months we will be talking about
many different topics dealing with buying good property.
Ian James
Negotiation: A Buyer's Perspective. Part 1.
Most real estate agents that you speak to have a
reasonable amount of experience but very little theory knowledge when it
comes to legislation that surrounds their industry. The vast majority of
agents the public deals with are Agents Representatives. This represents a
six day course at the REIV. Most of their ongoing training is based on their
company's mentor and internal training programs. Some of these are very good
and others are sadly lacking in structure and content.
As such you will come across a vast range of good, average
and poor negotiators in your Real Estate quest. If you are negotiating
against a professional, fully licensed Real Estate Agent, who is the agency
principal or one of its directors, you are in competition with somebody who
would be a "Queen's counsel" in the legal fraternity. Good Luck! This agent
is probably involved in a couple of hundred property negotiations each year,
similar to what we are involved with. When you are negotiating with someone
who has superior knowledge of the industry and vastly more experience, then
the idea is to "keep your eye on the prize." Always work out your
"walk
away" point and stick to it.
When dealing with the average Agent's Representative, you
still need to keep your mind on when to walk away, but don't be too scared
in asking questions. Most of the time inexperienced agents are as nervous as
you are when they are negotiating. I can remember back when I was selling,
how incredibly worried I was about losing a prospective buyer by asking for
too much money or asking for a difficult settlement.
One of the first things you need to decide is how much
risk you wish to take and what rewards that will achieve. If you have found
the perfect property that suits all your needs, and the agent is asking a
fair and reasonable price, then it is probably not the time to give a
"one
off" low price and say "take it or leave it". There is too much risk of
losing the property. Words you can live buy whilst buying property;
"Paying
$5000 more for a great property is far better than saving $10,000 on a poor
one".
In a flat or "down-turned" market, agents are far more
likely to be cautious when it comes to shutting down and offer. If you have
ever dealt with a Victorian inner city agent, in the peak of a sellers
market, any offer you try to push prior to auction will usually be dismissed
out of hand unless it is absolutely ridiculously over the top. We will deal
with this scenario in another topic. Whether the property is being offered
at public auction, private sale, "sale by set date",
"tender" or any one of
a thousand other euphemisms, a legally binding deal can be reached once the
vendors' statement (Section 32) is available. In any negotiation you are
involved in you must try and exercise some control. This doesn't mean you
try to be difficult for the sake of it, nor does it mean speaking
"louder"
to get your point across. I am sure we have all seen the person who thinks
that if he shouts louder, he gets his point across easier.
Some of the ways of wresting some control from the agent
are:
- setting the timing of the meeting to put in an
offer
- setting the timing of when the deposit will be paid
- talking about a slightly different settlement time than the agent had
first mooted
There are many other ways of doing this and you shouldn't
try for every one of these. Don't make the agent think you are a pain for
the sake of it. Just try and make sure the agent sees you as a negotiator,
not a follower.
We have all seen a hostage negotiation on TV. The
"hostage
negotiator" always tries to get a hostage for whatever the
"bad guy wants".
We do the same. The agent wants shorter settlement, we want a smaller
deposit. Or the agent wants to wrap up the deal today with a short
settlement; we need a pest and building clause, and a couple of days to get
the deposit together. Always try and get something for any concession you
make. (and it doesn't have to be money)
Your initial offer should be in writing and in a legally
binding format. Any agent who accepts or tries to solicit a verbal offer may
simply be trying to see where you are at and have no thought of passing this
on to his vendor yet. Verbal offers are nothing more than banter and may not
reach the vendors ears. Subsequent offer may be done verbally if you have
developed a rapport with the agent. When in doubt
- put everything in
writing.
When you get the deal you want - even if it seems easy, be
careful not to become too greedy. If you develop a mentality of; If they
will accept $500k then they will accept $499, you run the risk of never
buying anything. By this mentality, if they would accept $499 then $495 will
get across the line and so. It is the same with you
- at some stage $1 more
will create a walk away point.
If you are negotiating verbally and you reach an
agreement, you must "generate" an urgency to consummate the deal in writing.
Give the agent a reason to drive to you or get in the car and drive to him
to sign the deal NOW!! A deal is a deal when it is in writing. I have had
the sad occasion of an agent telling me we had an agreement, he even told me
the vendors had signed and that he would fax them over in the morning.
Considering it was 10.00pm in the evening, I thought I would not press the
point of forcing the agent to go back to the office and fax through the
contracts. I learnt why that was so stupid the very next day. I rang the
agent at 9.00am the next morning to ask where my copy of the contract was.
He explained they had a better offer this morning and they were going to
accept it. I reminded him the deal had already been done, in writing and was
legally binding. His response to me was "Prove it!" Considering the
thousands of negotiations I have been involved in, this has only occurred
once, so don't assume every real estate agent is this dishonest. But be
careful!
Over the next couple of months we will talk about specific
examples and walkthrough some typical negotiations step by step to try and
help you to be a better negotiator.
Ian James
Settlement
Settlement Period is the time between when both
parties sign the contract, and Settlement. The actual settlement is a rather
boring affair between solicitors and financiers when money and title deeds
are exchanged and ownership changes from the vendor to the purchaser. As a
normal purchaser, you would not be required to attend this meeting.
As the vendor, you have a right to use the premises during
the settlement period, but you warrant leaving it in a similar condition to
that which the purchaser has seen at the date of sale. As the purchaser, you
do not take up residency until settlement has occurred, however you have the
right to a "pre settlement" inspection 2-3 days before settlement. At this
time you should check that the property is in a similar condition (fair wear
and tear similar to a tenants rights) as to what it was at day of sale. If
it is not, you need to seek immediate legal counsel. Be very careful that
you do seek counsel as there can be significant ramifications if you do not
agree to settle on time.
Most settlement period time frames within Melbourne are
about 60 days, but 30 or 90 days are also relatively common. When do you
want to settle? When does the vendor want to settle? We have seen deals fall
apart after reaching a price agreement because this time frame was not
discussed. This should be the first thing that you find out after you know
the property is within your price range.
If the vendor has not bought another property they may
want a long time frame - 120 days or more. If the vendor has already bought,
then they may need an exact date to coincide with their new purchase. If the
vendor is selling an investment property they usually want to settle as soon
as possible. If you have finance "pre approved", then 30 days is usually an
adequate time frame for a solicitor or conveyancer to organise paperwork
between the vendor and your financier. If you are paying cash, check with
your solicitor but it should be possible to settle in 15 days. (Most banks
would not be able to settle in this time.)
What is better for you? If you are an owner occupier, then
the preferred settlement is simple: When can you afford to settle and when
would you like to get into the house? If you are an investor, then unless
your financial consultant tells you different the longer the settlement the
better. During the settlement period the property will continue to
appreciate and you are not funding the cost.
In one negotiation the vendor would not budge on a price
that was probably a bit high. The property was however fairly unique, and
our client wanted to buy it. He was overseas at the time and did not
envisage using the property for at least 12 months, and was going to rent
the property out for this time. We agreed to pay the full price that the
vendor wanted, but organised a 20% deposit and a twelve month settlement.
This effectively saved our client nearly $50,000 in the difference between
interest payments over the year and the money he may have received for
renting out the property. It is not only negotiating on price that will save
you money.
Just remember: When negotiating
a deal it is not just the amount you pay: It is
the "right property at the right price in the right
time"
Ian James
When is a Property "ON THE MARKET"
Following on from our notes on
Contracts, we briefly touched on the Vendor's Statement. We have all
heard the term "section 32" bantered around at auctions and open for
inspections. The correct term for this document is the Vendor's Statement although it is often referred to in the industry as the
"section 32", since
the document's legal status and minimum contents are defined in section 32
of the Sale of Land act.
What we did not touch on last time was the significance of
this document.
Each year around early December (just before 4 weeks of
very few new listings) we begin to see the "Forthcoming Auction" label being
used very widely. We also see many scheduled auctions for late February
appearing. Are these properties available for sale? The answer is simple: Is
there a Vendor's Statement available? If the answer is
"yes", then it is on
the market; if the answer is "one should be available shortly", then a
legally binding agreement is not yet possible.
Agents love to have the greatest market share in the area,
and one of the ways to show this is through advertising, paid by the vendor.
If you are even remotely interested in a property, the first question to
ask, even before "how much do you want" is "Is
the Vendor's Statement available?"
It doesn't matter what the property price is, how
negotiable the agent seems or you are told that if you don't put in an
offer, "it may be sold to somebody else". If the Vendor's Statement is not
forthcoming, simply ask the agent to give you a call when it is available.
Then put that request in writing. Getting involved in negotiations before
the property can be sold is showing your cards before the agent has to show
you his.
When a property is going up for auction and the agent
tells you "The vendors have instructed us to go to auction" you should still
ask if the Vendor's Statement is available. As soon as it is: you can enter
a legally binding agreement and therefore can put an offer on the table.
Just remember: Negotiating when you cannot achieve a
result is not only fruitless, but actually detrimental as you have let the
agent know what you wish to spend with no possibility of a positive outcome.
Ian James
Contracts and Contract Notes
Before putting an offer forward or standing up at an
auction you must be sure what you are buying. You must be given a signed
Vendors Statement prior to any legally binding offer.
The vendors statement, sometimes called a
"section 32", is the legally required minimum amount of information the seller is
required to give to the purchaser. (As per section 32 of the Sale of Land
Act) It should contain:
- Easements, covenants and similar restrictions. Sometimes these
are shown on the title, but often they are not
- Warnings about planning controls
- Planning information
- Planning prohibitions on building a dwelling house, if the land
is outside the metropolitan area
- A statement that there is no road access, if there is none
- Rates, taxes and outgoings charged on the land or a statement
that the charges do not exceed a specified amount
- Services connected or available, particulars of any services not
up to the standard level available in the locality and a warning
about the cost of providing services not already connected to the
land
- Statutory charges on the land
- Building approvals or permits obtained in the previous 7 years
- Any notice, order or approved proposal affecting the land that
the vendor could be reasonably expected to have knowledge, including
a notice under the Land Acquisition and Compensation Act 1986
- Body corporate notices, liabilities and maintenance fund
payments
- Restrictions caused by land contamination
- Insurance if the contract does not provide that the property is
to remain at the risk of the vendor until the purchaser gets
possession
- Title and plan of subdivision information.
- If the land is sold on terms or subject to a mortgage not
discharged by settlement, additional information is required. This
includes:
- In a terms sale where the deposit is one-quarter or less of
the price, the amount of the price which will be required as
final payment, assuming payments are made when the contract
specifies, and
- Details of any mortgages that will not be paid out of the
settlement, and the seller's defaults on the loans
You must read through this information and understand what
is being said.
Sometimes, accompanying the vendors statement is a CONTRACT OF SALE. This is where it is highly recommended that you get
legal advice. It is highly recommended that you have a legal practitioner
give a legal opinion as to the conditions in the contract that you will be
signing if you are the successful purchaser. You will be legally bound to
fulfil this contract. Some conditions put into contracts now allow the
purchaser to rescind the contract but do not allow the purchaser the same
right. Others allow the purchaser to sell to somebody else if they get a
better offer. You must protect yourself by getting legal advice. If a full
contract of sale is not used then a Law Institute or REIV CONTRACT NOTE should be used.
The contract or contract note sets out all the conditions
of the sale. Some of the key details you need to be aware of are:
- Name of the Real Estate Agent representing the Vendor
- Name of the Vendor
- Name of the Purchaser
- The property address you are purchasing
- The chattels: Fixtures are things that are permanently attached
to the land so as to become part of the land. Chattels are things
that are not part of the land. When land is sold, all fixtures (the
house, and things permanently attached to the house) will pass to
the Purchaser as part of the land. If a chattel is to be included in
the sale, it must be specifically listed in the Contract. If a
fixture is to be removed from the property by the Vendor and
therefore not included in the sale, then this must be specifically
mentioned in the Contract.
- The Price
- How much deposit you have to pay and when you have to pay it.
- Settlement: this is the date the property or the rent is handed
over to you: ie this is when its yours
- Vacant possession or receipt of rents and profits: If you ask
for vacant possession then the property must be vacant at
settlement: i.e. no lease. If receipts of rents and profits then the
payment of rent from the tenant gets directed to you from settlement
onward
When putting an offer forward there can be SPECIAL
CONDITIONS added by either party. These can actually be anything (that
is lawful: you cannot contract out of your lawful rights) such as a finance
clause, where the contract is subject to the purchaser obtaining finance or
subject to a PEST AND/OR BUILDING INSPECTION. These clauses, again,
need to be professionally written by a legal practitioner acting on your
behalf. Allowing an agent to write in a building clause for you, the
purchaser, and expecting it to be beneficial to you is fraught with danger. THE REAL ESTATE AGENT IS WORKING FOR THE VENDOR.
Three Day Cooling off Period
If none of the exceptions listed below applies to you, you
may end the contract within 3 clear business days of the day that you sign
the contract. To end the contract within this time, you must either give
the vendor or the vendor's agent written notice that you are ending the
contract or leave the notice at the address of the vendor or the vendor's
agent. If you end the contract in this way, you are entitled to a refund of
all the money you paid EXCEPT for $100 or 0.2% of the purchase price
(whichever is more).
EXCEPTIONS - The 3-day cooling-off period does not apply
if -
- The property exceeds 20 hectares in size and is used mainly for
farming.
- The property is used mainly for industrial or commercial
purposes.
- You received independent advice from a solicitor before signing
the contract.
- You previously signed a similar contract for the same property.
- You bought the property at or within 3 clear business days
before or after a publicly advertised auction.
- You are an estate agent or a corporate body.
Just remember when negotiating, you are not just
bargaining on the price: also consider Settlement, Vacant Possession, Deposit
Amounts,
Pest inspections, Building inspections, Financing clause, GST inclusive or
exclusive to name some of the things. There are also Section 27 release
forms, ways to lose your cooling off period and good and bad times when to
put offers forward.
If this has been interesting and helpful please email us and let us know.
If you have any topics you would like me to write on next please feel free
to contact us on howto@jpp.com.au
Ian James
Property Selection - location and style
Your home is one of the last remaining appreciating assets
where Capital Gains are not taxed. Capital growth in plain and simple terms
is how much profit there is between buying your property and selling it. We
need to take into account all sorts of different things, but the main
criteria comes down to what people will pay for your property in the future
and what you need to pay to own it now. What you need to pay now will be
covered in our negotiations section of this "how to" series. What we will
concentrate on this week is how to select a good property. We have all heard
"Location Location Location." We have heard this from everyone and you will
hear it from me as well.
Whether you are buying a home to live in or an investment
property the same basic rules apply to location:
- The level of services and amenities within the immediate
vicinity, those within the suburb and those within the district.
- The type and style of the property match the general area
- The property is not out of place
Services and amenities that are fundamental to the
majority of the people that will eventually purchase your property include:
- Rail transport
- Distance to parks and gardens
- small shops such as cafes and milk bars
- Major shopping centres and supermarkets
- CBD Road access
- Schools
When we talk about style we are not just talking about the
house. We are talking about the streetscape, the neighbours' homes, the feel
of the area within the suburb and the public connotation of that area. If
the property you are interested in has no nature strips and is devoid of any
colour then it is unlikely to attain prices as high as neighbouring streets
that have excellent tree canopies and very wide nature strips.
Another easy way to guesstimate whether other people think
there is value in the street is to look at how many renovations there have
been. If all the properties in the street are run down and the gardens are
poorly maintained and the houses all look as though they need attention, it
usually means the other residents don't care that much for their properties
or that it may have a higher percentage of tenants rather than owner
occupiers. If a number of people are doing work or have extended their homes
upstairs or have beautifully landscaped gardens, then this can indicate that
other people are happy to invest money in the area.
If we are looking in a new estate in Caroline Springs and
a one hundred year old run down Victorian homes is on the market, then most
people are unlikely to want this style of property compared to the brand new
contemporary homes. This is not the case in leafy Hawthorn or Yarraville
which is filled with these styles. This is not to say a unique property is
not worth purchasing, it just means there is a greater risk if not as many
people are going to be interested in the property at time of sale.
Similarly, buying a two bedroom unit in Elwood where the predominant style
of housing is units is a low risk investment choice. Buying a 2 bedroom flat
in a block of 20 in Croydon would be a very high risk strategy as there
would be very few of these developments and the majority of people looking
in this area would be looking for homes or Villa Units.
Think about the use of the property. A professional couple
that comes across a 4 bedroom 1 living zone house may be ecstatic. They have
their Bedroom, a guest bedroom and a study each. However, the largest
segment of the market who buys 4 bedroom homes would probably be Mum, Dad
and 2 teenagers. As a father of teenagers myself, I can tell you
categorically that I would not buy a one living zone house. I would be
insane in fifteen minutes. Even though this type of property may suit your
needs think about who is likely to purchase it from you. The more people
this property would suit, the more chance you have for a higher demand, the
more chance of capital growth.
What we are doing here is playing percentages. If a lot of
people seem to like the area now and are happy to spend money to stay in the
area, then it is likely that people will want to do this in the future. The
greater the segment of the market that wishes to do this, then the larger
the degree of demand, one of the two key factors in setting price: Supply
vs. Demand.
There are many other factors involved here that we will
tackle at another time. You can purchase something that doesn't meet all, or
indeed any of these factors, however your capital growth then depends on how
well you negotiate the purchase price. You can also
"value add" to a
property that may not suit many prospective purchasers. If we go back to the
last example of 4 bedrooms one living zone. If you can add a living zone by
renovating then you are value adding and this may increase your capital
growth.
Please feel free to email us if there is a specific topic
you wish us to write about at howto@jpp.com.au. Over the next 12 months we will be talking about
many different topics dealing with buying good property.
A property passes in at auction.... what do you do now?
Melbourne: the world's capital of the
property auction. Even after a record weekend of auctions the clearance rate
remained above the magic 80% mark. This does not mean more than 4 out of 5
properties sold under the hammer. The "Sold at auction" that you see printed in
the papers means sold at the auction, or after with some negotiation.
If there are multiple bidders at an auction, and the property is on the
market, then deepest pockets will win. I have attended thousands of auctions
and bid at hundreds of them and although I am rarely intimidated by anyone
at an auction, I can be beaten by someone that has substantially more money
than I do. If they have a similar amount then I will probably win simply
because I understand the process better than most. But rest assured, in the
10 minutes that genuine people are bidding at a genuine auction, then the
person who is willing to commit the most money will win. If the property
passes in then you need to be prepared to negotiate to a conclusion. Never
assume you will be going anywhere after an auction for at least 90 minutes.
Kyarra
Street in Hampton took 30 minutes to reach an acceptable conclusion,
even though the property was passed in on a single bid. before we had
negotiated a fair price there were two other potential buyers waiting
outside to begin negotiations. Grace Street in Yarraville took nearly
45 minutes of negotiation before a figure was reached and at Highett
Road Hampton we endured nearly 45 minutes of negotiation followed by
another private auction before the property was negotiated. The
negotiations were conducted by extremely professional agents, probably
two of the most experienced, agents, in Melbourne and they were
extremely difficult to handle. That's their job. They are working for
the vendor. They try to work out through probing questions, and veiled
threats of loss, how much money you are willing to spend on the
property. If you simply keep on agreeing with everything they say you
may purchase the property at an extremely elevated price, or indeed you
may still miss out but the agent gets to advertise in the papers a much
higher number and that it was a genuine offer not a vendor bid. He is
simply putting himself in a better position to negotiate a higher
figure with someone else.
Negotiation is not simply saying black is white or white is black. You must
work with your opponent in order to reach an acceptable conclusion. I have
negotiated hundreds of properties both as private sale and pass in
situations and without doubt, the more professional and experienced the
agent is, the more chance I have of reaching an acceptable conclusion.
Whilst the agent is trying to get the most out of you as he can, his job is
also to reach an acceptable outcome: A DEAL.
If you find yourself in this situation, and as of the last four weeks I have
been in this situation four times, you must think your way through, calmly
and with as little emotion as possible.
- If you are not alone, keep some of your party outside.
- The first question you want answered by the agent is: How much does the
vendor want in order to sell this property today? This is the quintessential
question that you have earned the right have answered. In other words, what
is the reserve? If they do not answer this question, and they have this
right under certain circumstances, do not move on your initial price that
the property was passed into you at.
- If you do not know the reserve at this point, then you need professional
advice. You have certain rights, as does the vendor, and I have only been
placed in this situation a couple of times. Assuming you do know the
reserve, then you need to decide whether it is fair and reasonable.
- If the reserve is below your expected limit you should not leave the
property without owning it. If you do the odds drop markedly for you to be
successful. It does not mean you have to pay the asking price but, be aware
that as soon as you decline to pay or counter offer, then you have lost the
first right of refusal at the vendors reserve. This is what you earned by
having the property pass in to you. And this is why we go back to leaving
one of the decision makers outside. You can express emotion at the point
when the agent gives you a ridiculous number for the reserve. The largest I
have had recently was nearly 30% above the quote price. This number is quite
often for "shock" value. If the number is very high, say more than 15% above
the quote, then you should show some emotion: even if you were expecting
this. If you do not you have just tipped your hand to a very sophisticated
and experienced negotiator.
- Do not let emotion rule the negotiations. Just because you were the only
one to bid and it passed in at $700k, it does not mean the vendor can't ask
for $900k and stick to his guns. Especially if you had assumed it was going
to go there anyway.
It is impossible to teach the art of negotiation in 5 minutes in a
written article. Some of the points above will save you tens of thousands of
dollars. Some, even though you know the theory are very difficult to put
into practice. Much of negotiation is putting your mind into the right
place. Do not think of the agent as better than you. Do not feel as though
he is always right and you are always wrong. When I first started out
negotiating properties with some of the best people in the state, it was
easy to assume everything they were saying was fair and reasonable and that
they are experts and therefore know more than I do.
Keep you head together, remember the plan you came with and do not deviate
too far from this.
Professional negotiators will save, or cost you thousands of dollars
depending who's side they are on. |
