Buying or Selling at Auction - Don't Get Caught Out!
Jo Twible • November 10, 2016
Nearly 14% of all residential properties listed for sale on allhomes.com.au in the Canberra & Queanbeyan Region are listed as being for sale by auction. In Weston Creek and the Woden Valley just over 32% of homes listed are for sale by auction. [1] Getting good legal advice on the marketing contract prior to the auction can be crucial and failing to do so could cost you thousands of dollars.
The 5 Top Reasons why you should get Pre-Auction Advice
1. Want to make changes to the Contract? Don’t wait till auction day!
When you bid at auction, you are bidding to buy the property on the terms contained in the Contract as it has been prepared on behalf of the Seller. If you want changes made to those terms, these need to be negotiated and agreement obtained before you bid.2. Problems with the Property? Don’t let them be your problems!
What you think may be just a cracked tile in the shower might actually mean gutting and replacing the bathroom. Your lawyer can bring to your attention matters you may wish to follow up with the Building Inspector before you bid so you have a better understanding of any potential problems.
3. No one worries about unapproved structures, do they?
Some unapproved structures can be fine, some can jeopardise your loan approval or invalidate a later insurance claim. During pre-auction advice, your lawyer should discuss any unapproved structures disclosed in the Contract and then assist you to negotiate appropriate special conditions to be inserted into the Contract to resolve these matters.
4. Can you really rely upon the Building Report?
A Buyer can only rely upon a Building Report contained in a Contract if it is less than 180 days old from the date of inspection at the time you exchange. Your lawyer should check that the Building Report is in date so that if it is later discovered the Inspector missed something they should have seen, you can still make a claim on the Inspector’s professional indemnity insurance.
5. I’m the Buyer, aren’t I?
Couples buying a home might buy it in joint names as joint tenants, tenants in common in equal or unequal shares, through a family trust or a self-managed superannuation fund. When obtaining pre-auction advice, your lawyer should discuss the applicable options with you and advise you the information to give the Agent if you are successful at auction so that the appropriate Buyer details are inserted into the Contract. Getting this wrong can cost you thousands of dollars in stamp duty.
If the home of your dreams is for sale by auction, the team at KJB Law can assist you to be auction ready. For further information on our pre-auction advice services, please contact KJB Law on 6281 0999.
[1] Data obtained from allhomes.com.au as at 20 May 2015
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Picture: Vlada Karpovich/Pexels ABOUT THIS SEMINAR We make property decisions throughout our life when choosing where to live, but as times goes on the decision is more than just what real estate can I get for my money. We need to think about how we will live and who is there to help us. The process of moving into a retirement village community requires consideration and accurate information. Before committing, it is critical you understand the retirement villages contractual arrangements, impact on your estate and ways to comfortably pay for your living expenses. This Moving into a Retirement Village seminar is designed to equip you with the legal and financial practicalities of securing a home in a retirement village. WHAT WILL I LEARN? The legal side of retirement-village entry • There are fundamental differences between home ownership outside a retirement village and your rights with respect to accommodation inside a village. Simply put, the contractual arrangements for retirement villages are more complex. Adding to this complexity is that retirement villages in the ACT do not have identical contractual and financial models. This seminar will give you insight into the contractual and financial models on offer in the ACT; and • Notwithstanding those different contractual and financial models, there are some commonalities which apply to entry and life in each village. In this seminar you will also learn about cooling-off periods, settling-in periods, recurrent charges, budget approvals, how your money is protected and when the law requires you to get your money back after you leave a village. Wills and enduring powers of attorney • Why it is important to have a will and enduring power of attorney; • What should be included in a will; • How to choose your attorney and how to protect yourself; and • What happens if you do not have a will and/or enduring power of attorney. Funding your retirement lifestyle as well as preparing for the frailty years. • The common question when it comes to retirement is: how much is enough? If only the answer was simple! But the fact is that the answer varies due to a range of factors, including your lifestyle aspirations, personal health and family commitments; and • We cover strategies available to increase cash flow and income certainty to support your quality of life in retirement and the need to prepare for when you may need extra supportive care. WHO SHOULD ATTEND? People who are: • researching the option of downsizing; • wanting to learn more about living in a retirement-village community; • confused about the different retirement-village contractual arrangements; • seeking clarification about the costs; and • preparing for retirement. NEED TO KNOW MORE ABOUT THE SEMINAR? It's on Tuesday, June 22, 10am to 12.30pm, at the Hellenic Club of Canberra , 1 Matilda Street, Woden. It's presented by KJB Law and Phillips Wealth Partners . Book online: eventbrite.com.au/e/plan-for-a-successful-move-into-a-retirement-living-community-tickets-154049300605 Details, bookings: Liz (02) 6281 0999 or liz@kjblaw.com.au
OPTIONS: Our specialist solicitors, including Andrew Freer, are able to meet with you via Skype or Zoom if you can't do a face-to-face meeting. Main picture: Lukas Bieri/Pixabay As the ACT and the rest of Australia moves out of strict covid rules, it’s important that our health and safety remain a No.1 priority. Although regulations and guidelines are relaxing, it’s vital we all remain vigilant and care for one another. We all share this responsibility. The ACT is operating under a set of COVID-normal restrictions . Please do not visit KJB Law offices if you have any covid-like symptoms, such as a cold or flu, fever or high temperature. Many legal matters cannot be postponed and if you need to avoid physical contact you can make an appointment for a phone meeting, or a video meeting via Skype or Zoom, simply by calling (02) 6281 0999 or emailing us, kjblaw@kjblaw.com.au. Legal concerns range from writing or updating wills or powers of attorney to more complex matters like family law and conveyancing. You can chat with our friendly receptionist Kylie Brown, on (02) 6281 0999 or email her at kylie@kjblaw.com.au, and she will happily point you in the right direction. Kylie can also outline our fees which vary, depending on what needs to be done. It is important every client has a clear understanding of their tailored legal plan. An initial consultation may be 30 minutes or two hours — everything is shaped to your needs. Appointments are generally taken from 8.30am, the final meeting usually ending at 5pm. We try to keep to those times but this is not a hard and fast rule because we recognise there can be other circumstances to allow for. If you know which legal specialist you need, or have already begun working with one of our solicitors, you can find their personal contact details and the details of their staff here or here . In line with covid guidelines, all visitors must register their name and phone number at reception which is needed in the event of contact tracing. If you book an appointment, we’ll take your details then so there’s no need to register when you visit. If you come in off the street we’ll ask you to register then. Appointments streamline the process and make it easier for everyone. It’s not mandatory to wear a face-mask when you visit us but you may if you wish. All of our meeting rooms and spaces are wiped down and sanitised for every meeting. You can rest assured that when you come in and sit down, your chair has just been wiped clean for you. We continue to closely monitor and adhere to the regulations and advice provided by the Federal Government’s Department of Health and in accordance with ACT Government guidelines . Thank you for your support as we work together for the health and safety of our clients, staff and the community.
KJB Law is thrilled to be a finalist again in this year’s Local Business Awards for the Canberra region . The company is competing in the Professional Services category — which it won last year. “WE'RE so thrilled to be nominated once again and to be a finalist in the competition,” said principal Jo Twible. “A big sincere thank-you on behalf of Andrew, Des and I and everyone at KJB to all our clients and friends for the nomination!” The awards are conducted over an 11-week period. The public has nominated their favourite Canberra regional businesses which have been divided into 30 categories. 'We’re so thrilled to be nominated again and to be a finalist in the competition. A big sincere thank-you to all our clients and friends for the nomination!' JO TWIBLE principal and solicitor Voting in the Canberra region opened on April 22 and closed on September 17. Finalists were selected based on the number of online and printed nominations they got in their category, the more nominations the better chance of being selected as a finalist. There was no arbitrary cut-off point, as the number of nominations varied for each category. The finalists are judged in two stages — on information received from each business (the qualifying stage) and anonymous judges (the judging stage). Because of covid, visits to each business are not always feasible, in which case judges will evaluate the business's website and online presence (social media, advertising, etc) and may conduct impromptu phone interviews. The winners will be announced at the Local Business Awards gala presentation evening on December 16, which will be attended by local business people, sponsors and dignitaries. Tickets are only available to finalists and sponsors. All Canberra region finalists: here Professional Services category finalists: here KJB Law’s awards-entry page: here The awards are run by Precedent Productions : (02) 8363 3333 or precedent@precedent.net Pictures: Precedent Productions