Buying or Selling at Auction - Don't Get Caught Out!
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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