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Private Sales GUIDE, (just a suggestion, best is to talk to your solicitor or
conveyancing firm before)
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The following is general information only. It does not represent legal, financial or any other type of advice, it is meant as a guide only.
Valuating Your House, Home, Farm, Land, Business or Property
The first step towards selling your property is to determine a realistic
price. A simple way is to go to www.realestate.com.au
click the category where your property fits in, type in your town or
postcode or suburb and get a feel what is for sale at how much. Or engage
a licensed Valuer or you may have a good idea of what its worth.
Let me say that much, if the price is right it WILL SELL. Just remember
once you sold you will become a buyer and....
Presentation
The first impression is the best, when buyers come to look at your home,
they do so because something in your listing appealed to them, so when
they come to have a real look, make sure it is clean, tidy and neat. A
cake in the oven or a piece of bread baking gives the house a wonderful
welcoming smell...
Showing Your Home to interested buyers
Be friendly, don't smother people by following them around pointing out the obvious. ie: "This is the
lounge, kitchen" Ask if they would like you to be shown through or if they would prefer to browse around on their own. Most buyers
like to wander through at their own leisure. If your property is priced and presented well, it will sell itself.
Local Council Approvals
A good idea to check with your local council to ensure that all buildings and improvements have been council approved.
If your property is in a Septic Tank or Sewerage area, point this out to
the buyers, check with council if an upgrade is required for new buyers
prior to selling.
Negotiating and Contract
It is a good idea to either have a Contract Kit ready if you are confident
to fill it out yourself. In some states these can be bought from Post
Offices in others you can download them from the internet. Make sure they
are current as Real Estate Laws change often, sometimes every year with
new forms and new contracts etc.
The best way in my opinion is to go to your own or local Solicitor or a
local Conveyancing Firm and ask what you need to do and be aware of.
Most private sales are negotiated verbally, with the contracts only being filled in once a verbal agreement on price and terms has been reached. If you are able to reach an agreement with a
buyer then follow the simple rules below or do as you see fit.
- In my opinion it is a very very good idea to have a
prepared From ready with all what I wrote below, you may add
to that what you think is important. Please note that this is
just my way of doing and represents no legal or any kind of
legal advise in a way, shape or form.
- Very important: Have all your property description
details ready. This starts with your
VENDOR (SELLERS) YOU!
Your Full Name / names / and Residential Address, Your full
Name / names / Mailing Address
Lot Number, Registered Plan Number, Volume, Folio in some
state, County, Parish, etc. Often you find your registered
property information on your Rates Notice. If not, go to your
local council and they will supply it to you free of
charge.
- Have the Rates Notice handy, you should also know exactly
how big your property is in square metres or hectares.
- Make sure you know where the Title to your property is.
If you own your property you may have the title your self or
it is with the solicitor you used when you bought this
property. if you still have a mortgage it would be with that
bank or Lender.
- If you still have a mortgage over the property you are
selling, go and see your bank or lender to find out the
process to release that mortgage so the buyer will get clear
title when the sale completes. You can also tell your
solicitor as they will do all for you.
- BUYERS
Write down All Buyers full Names (ALL NAMES) including middle Names,
full address, phone, fax, e-mail address.
- SOLICITORS
Write down both the name and address, phone, fax, e-mail of
the buyers and your solicitors or
conveyancing firm.
- SALE PRICE / PURCHASE PRICE
Write down the agreed sale price, any conditions that may or may
not apply to the sale
- INCLUDED / EXCLUDED
Write down what is 'Included or Excluded' in the sale, Normally everything that is
fixed or screwed down is included like TV antenna, cloth hoist, dishwasher
unless is on wheels, curtains & blinds, rain water tanks,
pressure pumps if the house is not on mains pressure etc.
Often curtains in bedrooms are excluded
because they match the furniture or are from grand mother or match
the kids bedroom decor...or similar.
On bigger properties
buyers often ask if the Ride on Mower is included... if it is, have it
written down plus other things like a pump at the dam or some shade sails
or anything that you are willing to include in the sale of
your own home. Often people include furniture, tools, shed
equipment, workbenches, piano etc etc no matter what you are
willing to include or exclude WRITE it down this way there is
no disputes later.
- BUILDING & PEST
INSPECTIONS Ask the buyers if
they want a building and pest inspection, either or both. Most buyers want a building and pest inspection to make
sure all is ok. This normally happens in the first 2 weeks of the
contract. ( if the building or pest report is not satisfactory to
the buyer they have the right to terminate the contract and get a full
refund of their deposit.) The buyer has to engage and pay for these
inspections. If they want these inspections, write it down so
your solicitor knows when he draws the contracts.
- VENDOR STATEMENT:
Some States have a Vendor Statement or similar that
goes with the contract of sale. It usually includes copies of
rates notice, water and sewage notice, final building
approvals from council and the legal description of the
property. It is of great importance that if there is
anything that you have added to the building that required
Local Council Approval but you did not get that approval but
just went ahead and did it anyway, that you declare this to
the buyers prior to signing a contract with them. Regardless
if you built to the building code and council requirements if
it is not approved and the buyer finds out, the buyer then can
use this against you and RE-NEGOTIATE THE PRICE or even
terminate the Contract with you. If you tell them and they are
happy with what you have built then you should a special
clause in Special Conditions, saying the buyer is aware of
such and such and will take it AS IS.
Again, tell your solicitor so they can write a special clause
for you that will not come back to you and byte you...!!
Better safe then sorry aeh?
- SAFETY SWITCH / SMOKE ALARMS
Electrical Safety Switch and Smoke Alarms. Write down if you
have a safety switch and smoke alarms fitted. Many older homes
where people been living in them for many years do not have
them. If you do not please tell the buyer's. In some states it
is the law that the buyer within 1 to 3 month after purchasing
such a home must install or have them installed.
- DEPOSIT
Deposit the purchaser is to pay to secure the property: Write down the agreed deposit the buyer is willing to pay.
This can be up to 10% of the purchase price but often is just
$500 or $1,000. It is up to you what you are willing to take.
You are not allowed to take more then 10% of the purchase
price. The deposit needs to go the Vendor, (Seller) s YOUR Solicitor or Conveyancing Firm Trust Account.
- FINANCE
Finance: This is important, Ask the buyer how they intend to
pay for the property? Many buyers have the money and can sign
a "cash" contract which means they do not need any
finance from a bank or likewise. Many buyers have not got the
money to buy your property and will need finance from a bank
or lending institution. If this is the case, your Contract has
to be SUBJECT TO FINANCE. This subject to finance clause is
usually for 2 weeks from the date of the contract like the
building and pest inspection is 2 weeks from date of contract.
All you have to write down is this:
The contract is subject to finance, Financier: Suitable
Lender, Time for finance to be obtained is: 2 or 3 weeks from
date of contract.
Some buyers know exactly from whom they will borrow while some
others shop around to get the best deal. Many buyers are
"pre-approved" meaning they have spoken to a lender
and been told that they are ok to buy up to a certain amount.
Please note; if the buyers can not get the finance they can
try with an other lender and ask for a extension of granting
finance which you can give or decline.
In any case, should finance fail the buyers are entitled to a
full refund of their deposit from you / your solicitor. Same
applies to the building and pest inspection.
- COOLING OFF
Cooling Off Period; This varies from state to state, some have
5 business days from the date of contract, some have 3 days,
some have none and for business sales there often is no
cooling off period as is for commercial. Your solicitor will
know. However the buyer needs to be aware if he / they
terminate the contract under the "cooling off
clause" in most states there is a penalty for them,
usually around .25 of a percent ( 1 / 4 % ) of the
purchase price. This money will come to you the vendor /
seller. Even if a contract falls through, you often still get
a bill from your solicitor... this penalty will always cover
this.
- RISK OF PROPERTY
Risk of Property: This means that the property will be at the
Risk of the Buyer from the next business day or even from the
same day as the date of contract.
This means that it is not a good idea to go and cancel your
insurance policy just yet in case the sale falls through. But
it means the buyer will have to take out a cover note from a
Insurance company to cover the property he / they just bought.
Which means the property is insured with two insurance
companies.
If you the vendor want, you can state in the Terms of the
Contract that the "Property will remain at the risk of
the Vendor until the day of completion of the sale the
property in this contract" which means the buyer will not
need a cover note until he / they own the property which is
the date of settlement. This is totally up to you, the normal
thing is that the buyer covers the property from the date the
contract is signed. You must make sure they do, because is
something happens in that time until settlement your insurance
company will find out that the property was under contract and
it was supposed to be covered by the buyer but was not.. they
can make your claim pretty hard to get. This may never happen
but better be safe then sorry.
- SETTLEMENT:
Settlement: Write down the date for settlement. Allow enough time for you to find
an other suitable property or make your move. 30 to 60 days is normal.
If you have all paper work you can fill it out and get it signed right
then and there and take the deposit in the name of your solicitors Trust
Account
Hand the fully signed papers to your solicitor or give them all the
above information and your solicitor / conveyancing firm will draw the
contract on
your behalf and forward it to the buyers solicitor for
signing by the purchasers.
FOR YOUR
CONVENIENCE I HAVE PREPARED A PRE CONTRACT FORM FOR YOU
YOU CAN DOWNLOAD THIS FORM AND FILL IT OUT SO YOU ARE READY
WHEN THE BUYER KNOCKS ON YOUR DOOR!
DOWNLOAD
THE PRE CONTRACT FORM ( is a Word
Document, save to download) |
Please note: Regardless whether you sell privately or not, you still need a solicitor or conveyancer. They cost around
$500 to $1,000
Unless you are very comfortable doing all yourself we recommend that you
use a qualified conveyancing person or firm.
Property Handover:
Be well prepared for that day, the buyer wants to move in around midday
and you need to be out by midday and it should be cleaned... the buyer may
also want a pre-settlement inspection the day prior to settlement. In any
case organize with them where you will leave the key for them to collect
if you are gone before they arrive.
Often keys are left with solicitor or neighbours etc.
There are 100's of ideas and
systems and it would be impossible for us to tell them all especially
since every state has their own ways of exchanging ownership of property
and real-estate.
WE WISH
YOU ALL THE VERY BEST WITH YOUR SALE.
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