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Step One-Find out how much you can borrow &
attain a conditional loan approval
It is important that you find out what your
borrowing capacity is before you go searching for a property. This
will help you decide which properties you should inspect. You should
also complete a budget to ascertain how much you can afford in repayments.
The amount that the bank says it will lend you may involve repayments
that are greater than the amount you can afford. You should never
overextend your financial capabilities. Simply go to our maximum
borrowing capacity form and complete it to find out how much
you can borrow and to organise a conditional loan approval (pre-approval).
Alternatively please feel free to call us on 1300 66 12 11.
Step Two-Inspect properties in your price range
Once you know your borrowing capacity you
can then search for and inspect properties in your price range.
Obviously, when inspecting properties, it is important that you
look for any obvious problems. Also to maximise capital growth you
should research the surrounding area. Schools, shops and public
transport nearby will make the property more attractive to future
buyers and should therefore ensure that you experience good capital
growth.
Step Three-Attain contract of sale for property
you are interested in purchasing
Once you have found a house or unit that
you are interested in purchasing you should ask the real estate
agent for a copy of the contract of sale. If you haven't already
found a solicitor or conveyancer you should, at this point find
one. We recommend you visit www.legalmart.com.au.
You should then take the contract of sale to the conveyancer so
it can be checked for any irregularities.
Step Four-Make an offer if property is for sale
by private treaty
If you are purchasing at auction please go
to step 5. Once the contract has been given the thumbs up by your
legal representative you can then make an offer. In most cases you
would obviously make an offer that is less than the listed price.
The offer can be made verbally or in writing and is conveyed to
the real estate agent. The real estate agent is compelled by law
to pass the offer on to the vendor. Once negotiations are complete,
and yourself and the vendor have come to an agreement on the price,
in NSW you have available two courses of action you may take.
1. You can leave a holding deposit of about 0.25% of the purchase
price (or whatever amount is agreed upon with the agent) and not
sign the contract. This is a verbal agreement and you run the risk
of being gazumped (real estate agents are within their rights to
sell the property to a higher bidder if you haven't signed a legally
binding contract of sale). The upside to this course of action is
that you can pull out of the sale and get your holding deposit back
if you find something adverse during your inspections of if for
some reason your finance falls through. After verbally agreeing
to the purchase you should then carry out step five. If everything
is okay with step five you can then safely sign the contract of
sale and leave a 10% deposit.
2. Sign and exchange contracts immediately with a
5 working days cooling off period. Under this method you will
still need to leave a deposit of 0.25% of the purchase price but
this amount is non-refundable if you decide to not go ahead with
the transaction. The upside is that the property is secured and
cannot be sold to any other purchasers. During the 5 day cooling
off period you will need to complete everything outlined in step
five, including pest and building inspections and attaining formal
loan approval. Achieving all of this in five days is usually difficult.
The reason for this is that the bank valuer and the building and
pest inspectors need to organise access to the property. Delays
in getting this access are sometimes experienced, especially when
the house or unit is rented out (as opposed to being owner occupied).
For this reason it is recommended that you negotiate an extension
of the cooling off period before signing the contract.
The course of action you should take should be
decided after discussions with your legal representative.
Step Five-Organise formal finance approval,
inspections of property and searches
After the purchase price has been agreed
upon (in the case of sale by private treaty) you should then attain
formal finance approval, carry out inspections and have your legal
representative conduct searches.
1. Formal loan approval - To
arrange formal loan approval you should immediately fax the front
page of the contract to the person or organisation that arranged
your conditional approval. They will then organise a valuation if
applicable. If the valuation is satisfactory to the lender and the
mortgage insurer (if applicable) formal approval should usually
be achieved.
2. Pest & building
inspections - You should immediately get into contact
an organisation(s) who can conduct these searches. Some organisations
can arrange both types of inspections. Your conveyancer can usually
help you arrange these inspections. Although a pest & building
inspection may cost you up to $600 it is worth it when you consider
you are purchasing real estate that could possibly be costing you
hundreds of thousands of dollars. It will give you peace of mind
about your purchase.
3. Searches - your conveyancer conducts
these. They include title searches and strata searches (if you are
purchasing in a strata titled unit complex).
If you are purchasing by way of auction, pest
& building inspections and the searches should be carried out
before bidding. The formal loan approval is usually attained after
you have bid successfully, as the purchase price is not yet known.
In the case of purchasing by way of private treaty
once everything in step five has been completed you can then safely
proceed with purchasing the property. But before signing any contracts
you should seek advice from your legal representative.
If purchasing by way of auction please proceed
to step six. If purchasing by way of private treaty please proceed
to step seven.
Step Six-Bid at auction
If purchasing at auction the obvious next
step is to attend and make a bid. It is important that you don't
let emotions take over at an auction and end up spending more than
you intended. This is why many potential buyers use a buyer's agent
or an independent person to make the bids on their behalf. This
way emotions don't get in the way. Prior to attending an auction
you should set a maximum spending limit (which should not exceed
the lender pre-approved limit) and walk away if bidding exceeds
that figure.
If you are successful you will need to supply
a 10% deposit and sign the contract of sale. There is no cooling
off period available for a house or unit purchased at auction. You
will then need to arrange formal finance approval using the method
described in step five.
Step Seven-Sign the loan letter of offer and
mortgage documents
Usually within a week of formal finance approval
you will receive from your lender a loan contract and mortgage documents.
You should read this documentation very carefully before signing
and returning to the lender. The main things to look out for are
the loan amount, interest rate, fees and repayments. If you find
any errors in the documentation you should immediately contact the
person or organisation that arranged the finance. It is also recommended
that you seek legal advice from your conveyancer or solicitor before
signing and returning this documentation. To avoid any delays with
settlement you should carry out this step ASAP.
Step Eight-Settlement
The date of the settlement is the date that
you take legal ownership of the house or unit. In NSW this usually
takes place 6 weeks after the date of contract (although this can
be altered with agreement by the vendor and purchaser). About 3
weeks prior to the settlement date your conveyancer or solicitor
will organise a Transfer of Land document for you to sign. This
document will be handed to your chosen lender at settlement. It
will then be registered at the State/Territory Titles office on
your behalf in order to change the ownership of the property.
Once your conveyancer is satisfied that
everything is okay to proceed settlement will be booked. Your solicitor
will contact the bank, the vendor's solicitor and any other interested
parties to arrange the date, time and place of settlement. It is
at this time when your solicitor and the bank will pass on the cheques
to the vendor's solicitor. (i.e. the bank will provide a cheque
for the loaned amount to the vendors legal representative and your
legal representative will provide a cheque drawn by you for any
shortfall). Your solicitor or conveyancer will usually inform you
a week or two prior to settlement of any cheques required to be
supplied by you (for the shortfall and costs such as stamp duty).
You are generally not required to attend settlement.
Once all of this is complete you will receive
the keys from the real estate agent and then you can move in or
rent it out!
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