About to exchange contracts, last minute offer from other buyer

Discussion in 'The Buying & Selling Process' started by ellik, 22nd Sep, 2018.

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  1. ellik

    ellik New Member

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    Hi,

    My partner and I are in the process of purchasing a property. We had an accepted verbal offer with the vendor including an additional inclusion on the contract. They also requested a 28 day settlement period with no cooling of period as they are very keen to settle. My solicitor strongly advised that we get unconditional finance before exchanging contracts, otherwise it is too risky. After we submitted our application with the credit union, the vendor requested a change to the contract (reducing the price slightly but removing the additional inclusion on the contract - and we would pay cash for that item). We advised that would mean we would have to resubmit the application to the credit union, causing further delay.
    The approval on the initial mortgage application ended up taking weeks (very agonising process). We're not really sure why - if the royal commission had anything to do with it, or if they are just really busy. We finally got approved on Thursday (a couple of days ago). We were ready to exchange on the initial offer and then on Friday the real estate agent advised us that they received an offer on Thursday night above ours and invited us to increase our offer. This was very surprising because we had received no indication up to that point that there was another interested party. This property also has already been on the market for more than 6 months so it didn't seem like there was a lot of interest. It seems very unlikely and coincidental that an offer would come in at the last minute after weeks of waiting for finance.
    I'm wondering if it's possible the vendor and or real estate agent are being dishonest about this, trying to get us to increase our offer before resubmitting our mortgage application. I get the feeling they think we have access to more money than we do. However, I don't have any other reason to question the integrity of the real estate agent.
    How likely is it that there is a last minute offer compared to it being a last minute attempt to get more money?
    Also, my feeling is to hold firm on our original offer and request we exchange immediately, waiving cooling off period, although I'm nervous about being gazumped. Has anyone else been in this situation?
     
  2. jazzsidana

    jazzsidana Well-Known Member

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    You have clear advantage with finance pre-approved . Stick to your offer I'll say. . If it's motivated seller and property has been on market for such long time, odds are in your favor. .. But be prepared to lose too...
     
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  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Its the oldest trick in the book - but sometimes it might be true.
     
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  4. ellik

    ellik New Member

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    I think we will stick to our offer on the basis we can exchange immediately. I'm hoping they are motivated enough to exchange on a potentially lower offer
     
  5. jazzsidana

    jazzsidana Well-Known Member

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    Good on you ellik!.. And all the best ...

    Let us know how you go?
     
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  6. ellik

    ellik New Member

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    It's a good trick. But isn't it illegal for real estate agents to lie about other offers? And why wouldn't they pull this trick earlier... before waiting for weeks for the finance.
    It's possible they took the opportunity now because we were willing to reapply with the change to the contract. It's so hard to tell.
     
  7. Sackie

    Sackie Well-Known Member

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    Don't let them smell fear. I'd be saying actually I am looking at other properties so would be happy to pull out if the vendor doesn't want to accept my offer no probs happy for it to sit on the market for another 6 months.

    Of course, always be prepared could lose it. All depends how good the deal is.
     
    Last edited: 22nd Sep, 2018
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  8. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    Choose and move.

    Go with what you want to do for your reasons

    All the other stuff is fluff and supposition, you have no control over that, just your response

    ta

    rolf
     
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  9. ellik

    ellik New Member

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    I think we did get a good deal on our initial accepted offer, but am reluctant to increase it at this point. I think we will play it cool and stay firm - say we will wait to see what the cooling market is doing and buy later. Either way we are hoping this painful process will end soon, haha.
     
  10. vudu

    vudu Well-Known Member

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    Good deal are like busses. Another one will be along shortly! Personally I'd offer 5k less. I'm one of the ones that would question the REA's integrity.
    But I can appreciate your anxiety. Good luck.
     
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  11. The Y-man

    The Y-man Moderator Staff Member

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    When we bought our home, we got the call saying there was another buyer offering more. We called the bluff and said "ok, congratulations to them".

    We got a call 24 hours later telling us the offer had mysteriously evaporated (surprise surprise).

    Having said that, there have been occasions when we called the bluff and we were wrong - there really was another buyer! So goes both ways.

    The Y-man
     
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  12. Ricki barkham

    Ricki barkham Well-Known Member

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    IIsay it's bull **** sorry.
    I would take there bluff and put it back at then. Say we ready to sign today and if they going to take time there time say your offer reduces by 10k per day from your accepted verbal offer.

    Tell them your loosing money from 4 days ago so you can't increase your bid.
     
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  13. Ricki barkham

    Ricki barkham Well-Known Member

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    Do they legally have to disclose the other offer to you on request?
     
  14. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    No
     
  15. Ricki barkham

    Ricki barkham Well-Known Member

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    So just have to play the game to see if there bluffing?
     
  16. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Thats what makes it so fun!
     
  17. Ricki barkham

    Ricki barkham Well-Known Member

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  18. Ricki barkham

    Ricki barkham Well-Known Member

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    Any update?
     
  19. Scott No Mates

    Scott No Mates Well-Known Member

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    Who's Shea? :confused:
     
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  20. Trainee

    Trainee Well-Known Member

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    Sounds kinky.
     

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