any Estate Agents Here?

[GraemeL]

I would appreciate some feedback from those that are the real estate business.

We are currently looking at buying a country home and have hired an agent to act on our behalf.
We have not put an offer in as yet, because on our first inspection,  there were a few things the owner had to repair, plus I wanted the pest, builders and sewerage reports first, which the owner had agreed to pay for.

I have received the pest and builders reports, the builders report stated that the main ducted evaporative air con unit was in poor condition and needed to be replaced.

I have asked our agent to contact the owner and ask if we can inspect the property again, the reason for this was to make sure the repairs had been done by the owner and to our satisfaction. I also need to measure the roof for a 5KW solar system and a few other things that we want done that needed to be worked out properly. along with getting the name and size of the aircon unit so I can get a quote for replacement and installation.

This is the reply I received back from her

I have spoken to the licensee and she has advised that all items of repair are to be inspected at final inspection which is completed 5 working days before settlement date.  These are to be noted on the offer and acceptance if not repaired at this time then settlement is delayed.  You are only to re-enter the property at final inspection.

Now I believe that because we have not yet put a formal offer in to the owner, we should be able to access the property as many times as we feel necessary, with the owners consent of course.

So, I would like to know if she right or wrong?   

Any information you can provide would really be appreciated.

[Bird]

I would appreciate some feedback from those that are the real estate business.

theres about a dozen on here!

[Tractor88]

Seems strange you cannot enter the property for another look. If the seller wants to sell then they should be letting a potential buyer look as much as possible. We looked and walked around our new place a number of times before putting in an offer, no problems at all. Sounds a bit suss to me.

[ozstickman]

I'm with Tractor88' sounds suss.  If they really want to sell they would let you come on in a heap of times, belongs you don't become a pest of course.  Sounds a lot like they are trying to hit stuff.

[dazzler]

walk away.  there are always others!


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[ozstickman]

walk away.  there are always others!


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X2

[UIZ733]

walk away.  there are always others!
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Make a reduced offer and then walk away. Might tell them that being a prat does not pay!
In all seriousness I would not touch it with the proverbial barge pole.

[Mallory Black]

Well.....
I think that the seller was being generous to let you get as far as you did without putting a formal offer in.
How can there be a final inspection when there's no offer in the first place?

If I was selling not through my own agent but through a buyers agent I would not lift a finger till there was an offer on the table with a deposit that says you're serious.  The offer can have clauses that are subject to passing inspections, finance and requested repairs, you'll still have an out from the deal.

If you really like the place put in an offer in writing with conditions and at the same time re-state your request to inspect the property, the seller might soften.

the agent should know better by the way and should have guided you through the process. that's what you pay for my friend when they get their commission.

cheers

[Marcus73]

Just send the agent another email letting them know that, that isn't a problem and you'll just keep looking.


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[JCOJ]

theres about a dozen on here!

And I'm one of them 

If a buyer was serious and wanted to come back for another look, as an agent I'd make it happen. (I've had buyers come back many times before making an offer!!)

However - if you have stated that you wanted certain repairs done at the owners expense, and these repairs will be noted in the contract and to be done by settlement), then what the agent has said is technically correct - you can inspect the repairs to make sure you are happy with everything 5 days prior to settlement. (Can be the day before or a week before - doesn't really matter).  The reason for this is that the owner doesn't want to do anything (like repair now) until an offer is actually signed, otherwise they will try and get away with it with the next buyer.

However, upon saying this, not giving you access for other things like measuring up your solar, getting an air conditioning quote etc is a bit dumb on their part as it is showing eagerness on your part which I wouldn't want to disrupt.

[Bird]

Well.....
I think that the seller was being generous to let you get as far as you did without putting a formal offer in.
How can there be a final inspection when there's no offer in the first place?

If I was selling not through my own agent but through a buyers agent I would not lift a finger till there was an offer on the table with a deposit that says you're serious.  The offer can have clauses that are subject to passing inspections, finance and requested repairs, you'll still have an out from the deal.

If you really like the place put in an offer in writing with conditions and at the same time re-state your request to inspect the property, the seller might soften.

the agent should know better by the way and should have guided you through the process. that's what you pay for my friend when they get their commission.

cheers

Sounds fair enough to me.... Why should seller spend a fortune if your not serious...

[McGirr]

What state are you in.

In Qld, the basic flow of a sale is.

Offer presented to a seller with terms from the buyer. These are normally a 14 day pest and building clause and a 21 day finance clause. Once accepted the buyer pays for the pest and building report and arranges this with in the 14 days. once the report is done any issues are discussed with the selling agent and the selling agent will relay these concerns to the seller. If items need to get rectified then a receipt is given, if the issue is a major problem, other wise the buyer will inspect the property to make sure the items have been fixed that were mentioned. An extension on the pest and building clause is sort to allow the buyer to make sure they are satisfied the work has been done.

Regarding extra inspections it will depend on the seller if the buyer wants to measure up items etc. This is normally arranged to happen in one day even if the buyer wants tradespeople to quote on items.

After that the buyer has a pre settlement inspection normally a day prior to settlement.

Mark



 

[GraemeL]

Thanks for the replies.

First off, it is NOT the seller, it the agent that is telling me this.

We really like the house but there are some issues that need to be fixed before we put in an offer. We need to be able to get quotes for various things, this will have an direct impact on our final offer.

The builders report stated that the main Evaporative aircon unit was cactus and needs to be replaced.
I need to be able to have a look at it and get some details so I can get a cost to have it replaced.

The house has one Evaporative ducted aircon (cactus) one reverse cycle ducted aircon, 3 split system reverse cycle aircons and two electric HWS.
I need to be able to fit a 5KW solar system on the roof.

If this cannot be done then I need to look at other options, such as solar HWS etc.

I informed the owner right from the start, that I would not put in an offer until he had fixed what he had agreed to do. He was concerned that I would keep finding things for him to fix, but I assured him we are very serious about buying and I would not ask anymore more than has already been agreed.

I have spoken to the Real Estate Institute of WA and they find it a little bizarre that the agent is telling me this.
They said that because there is no formal offer in place I am free to inspect the property as many times as I want, providing the owner agrees.
They are going to contact the agent for me and will get back to me with a decision.

I did tell the agent that if I am unable to access the property I will withdraw and that is the end of it. I am paying $3,500 as a buyers agent fee, although I found the house on my own, they have merely contacted the owner on my behalf.
They have just conveyed my emails to the owner and attended the first inspection with us.
The kicker was, I asked if we could inspect the property again this Saturday and I was told no, she was busy, this is when she said we are not allowed to enter the property until 5 days prior to settlement. If I am paying a fee, as far as I am concerned she will do what we ask, as long as it is within reason of course.

We need to travel 6 hours there and back, she lives in a nearby country town and would travel maybe 1.5 hours there and back.

We engaged them because the owner is selling privately and we know absolutely nothing about purchasing a property. I thought it would save us a major headache.

It seems to me as though the agent wants the money but doesn't want to earn it, they seem to be pushing for me to make an offer ASAP so they can get their money.

I am bound by a contract, but I will be asking REIWA if I have grounds to cancel it. I might just deal with the buyer direct, but am unsure of how to put an offer in and the settlement process.

[McGirr]

Deal with the buyer direct would be the best way.

Mark

[GraemeL]

I also have some concerns regarding the septic, it was installed in 1997 when the house was built, the owner has lived in the house for 10 years and has done major renovations and additions, but doesn't have a clue where it is located and has never had it emptied.

I'm concerned that this may have been covered  with either the concrete driveway and large shed, or the additions o the rear of the house.

Does anyone here knows about this stuff, know if the shire keep records of septic systems?

[ozstickman]

If it was all done legit the council will have copy of plans and so should the owners. If there is nothing showing where this all is means that it was not legit and god knows what else is legit.

In regards to fixing things before putting an offer in how about you subtract the cost of repairs from the price of the property so them You can make the repairs and will know that they are done right.  That us what we done when we bought our first place down in Warwick (qld). I knew the owner of the place and I knew that he would most likely do a crappy repair himself so I just put in the reasons for the offer and he accepted it. I fixed everything myself and I knew the quality of the repairs.

Just an idea to consider.


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[speewa158]

lf you need to measure up for solar bring up Google maps /satellite close in of the house & go from there  . My solar supplies did just that & was spot on 

[Nomad]

Ok.

I would ditch all the building and pest clasues etc etc. They are to limiting in this situation.

I would simply put a due diligence clause in. This allows you to investigate every aspect that you want to cover off prior to going unconditional.

Additionally a properly crafted due diligence clause will allow reasonable access for your agents and contractors to undertake quotes to repair etc etc.

Offer what ever you think you can purchase the property for and then once you have made assessments under the due diligence you can then adjust your offer based on the reason's i.e cost to repair air con or septic or whatever.

Also tell your buyers agent to F%ck off if they are going to carry on with cr@p like that.

And finally if you or the buyers agent do up a contract of offer give it to a solicitor to check before signing and presenting it.

If you want some clausing let me know and I can send you some stuff on Monday when I am back in the orifice.

Cheers Nomad 

[nab]

1. Your agent sounds a bit suss, as long as the owner agrees to the inspection they have nothing to lose and everything to gain!

2. Asking the seller to fix stuff before making an offer sounds ridiculous. If I was selling, I would not fix anything until an offer was on paper. What if he fixed the AC, cost them $5k, and then you said no thanks? The $5k isn't wasted but he won't get that back from the next buyer.

[Symon]

We really like the house but there are some issues that need to be fixed before we put in an offer.

This is the bit I don't understand.  You put in the offer in anyway, subject to certain conditions - ie, the repairs are completed before settlement, if the repairs aren't completed, the contract falls through, you get your deposit back and off you go.  I've never sold a house but I've bought a few, and if you came to me with "fix this before I make an offer" I would tell you to take a hike.

It sounds like your agent isn't doing you any favours, so give them the flick.  If you are going to pay anyone for advice it should be your conveyancer, they know all the legal in's and out's and will be able to give you straight answers for things like this.

[Paul (SA)]

This is the bit I don't understand.  You put in the offer in anyway, subject to certain conditions - ie, the repairs are completed before settlement, if the repairs aren't completed, the contract falls through, you get your deposit back and off you go.  I've never sold a house but I've bought a few, and if you came to me with "fix this before I make an offer" I would tell you to take a hike.

Must admit I am with you Symon. I thought if a house for sale had a repair worth $6k, you would negotiate that off the price and then organise it yourself.

[GraemeL]

Well it turns out they are unable to locate the septic and lech drains. So it looks as though this is a no go.

Thank you very much for the replies and opinions. it will certainly help me with the next house.

[nab]

If the house is something you really like, could you factor the cost of installing new septic/leech/AC/whatever into the offer?

I personally wouldn't think it was a dealbreaker, selling houses in semi-rural/rural takes can take a while so they may accept your low offer just to unload it. Its amazing how a few $$$ waved in their face may convince them to take the low offer!

[coody]

Graeme, just out of interests sake, whereabouts is the place located? I'm from country WA too, just curios that's all!!