During cooling off period - open inspections

Discussion in 'The Buying & Selling Process' started by giraffez, 17th Mar, 2017.

Join Australia's most dynamic and respected property investment community
Tags:
  1. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    Once a contract is exchanged and a 0.25% deposit is placed, can the agent still schedule open inspections during the cooling off period?

    In NSW.
     
  2. Obsidian

    Obsidian Well-Known Member

    Joined:
    19th Aug, 2016
    Posts:
    162
    Location:
    Sydney
    Yes, why not. Unless it's a solid prospect, the agent/vendor may still want other potential buyers, should the initial contract in cooling off period fall through.
    Been to openings where the agent has ended up stating that the property is "under offer".
     
  3. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    Can the seller sell to another buyer at this stage?
     
  4. Gockie

    Gockie Life is good ☺️ Premium Member

    Joined:
    18th Jun, 2015
    Posts:
    14,781
    Location:
    Sydney
    No. But they'll take the details of interested backup buyers.
     
  5. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    Ok thanks. Is it poor of the agent not to list it as "Under Offer"?
     
  6. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    No, not really or no one would turn up to the Open. Technically it would be "under contract".
     
    The Y-man likes this.
  7. Obsidian

    Obsidian Well-Known Member

    Joined:
    19th Aug, 2016
    Posts:
    162
    Location:
    Sydney
    It's frustrating for buyers to show up to inspection, and find it's under offer, but for the agent, they are there to sell the property, and to have backups in-case the 1st buyer pulls out.

    And no, legally the vendor cannot pull out of contract in cooling off. Whether some worm there way out is another matter.
    The complete guide to cooling off periods when selling a property
     
  8. Obsidian

    Obsidian Well-Known Member

    Joined:
    19th Aug, 2016
    Posts:
    162
    Location:
    Sydney
    Not just turn up at inspections, but to drum up other business as well :mad:
    I've had agents where the Property Ad does not show "under offer/contract". You call them, and then they mention it, meanwhile asking whether your moving from another property (potential vendor!), buying investment ("hey I got this other one just like it"), or the like.
     
  9. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Was withdrawing from market a condition ?
     
  10. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city

    Yes, normal in case you pull out.....or if not exchanged if a better offer comes in
     
  11. DaveM

    DaveM Well-Known Member

    Joined:
    14th Jun, 2015
    Posts:
    3,761
    Location:
    Adelaide & Sydney
    Until the agent has an unconditional contract they should continue to market and show the property with disclosure to interested parties that it is under offer
     
    wylie likes this.
  12. Agent30yrs.

    Agent30yrs. Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    295
    Location:
    Brisbane
    @Obsidian yeah, they are just like those shonksters at Mcdonalds, when they always ask you if you'd like some fries with that :mad:
     
  13. spludgey

    spludgey Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    3,521
    Location:
    Sydney
    As far as I know, the agent can have an open house a day prior to settlement.

    Why wouldn't they go through with the open house? You can cool off, they can't, so they're hedging their bets.
     
    wylie and Scott No Mates like this.
  14. Xenia

    Xenia Well-Known Member

    Joined:
    16th Oct, 2015
    Posts:
    3,863
    In my agency we don't have "under contact"
    Inspections continue during cooling off and beyond, we tell buyers that a contract has been signed but has not yet met its conditions. We also encourage them to put in offers should it fall over.

    The amount of times the conditions have not been met and we've had to fall back on those plan B offers has made this practice a valid one.

    A property is not taken off the market until a contract becomes unconditional

    It's either SOLD or open to the market.
     
    DaveM and wylie like this.
  15. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    Ok, thanks. I just don't want the agent or vendor playing dirty. I've spent time and money for solicitor and strata reports and the likes, and don't want at the end of this five days for them to say nope, we are not selling to you anymore, another buyer is paying more.
     

Build Passive Income WITHOUT Dropping $15K On Buyers Agents Each Time! Helping People Achieve PASSIVE INCOME Using Our Unique Data-Driven System, So You Can Confidently Buy Top 5% Growth & Cashflow Property, Anywhere In Australia