How to ensure funds have cleared before handing over keys/title?

Discussion in 'The Buying & Selling Process' started by shmoopty, 23rd Feb, 2016.

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  1. Trainee

    Trainee Well-Known Member

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    Just meaningless, since after settlement the buyer is legally allowed to get a locksmith and change all the locks.
     
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  2. Perthguy

    Perthguy Well-Known Member

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    It's got nothing to do with the vendor at that point unless they are selling without using an agent. This is what happens in most cases:

    - Settlement completes

    - the vendor's solicitor notifies the vendor's real estate agent that settlement has happened

    - the buyer obtains keys from the vendors real estate agent

    For our last 2 purchases we met the selling agent on site and they handed over the keys. In one case they also handed over some kind of strange gift box with jam, cheese, biscuits and a bottle of alcohol, perhaps red wine. It was very strange.
     
  3. juxt1n

    juxt1n Well-Known Member

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    A hamper for the buyer who spent so much on buying, not to mentioned the commissions the Agent gets is on humane.
     
  4. JacM

    JacM VIC Buyer's Agent - Melbourne, Geelong, Ballarat Business Member

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    Be mindful of the fact that settlement can be delayed. Eg bank brings wrong property file to the settlement appointment and has to reschedule to next business day.
     
  5. juxt1n

    juxt1n Well-Known Member

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    If it's the buyer's bank that can't come to the settlement on time or wrong files etc, can that bank be made liable for any fees made to the buyer from the vendor?
     
  6. Terry_w

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

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    Often at settlement written direction on the agent to release the keys is required.
     
  7. DaveM

    DaveM Well-Known Member

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    Yep had one of those recently, bank came along to settlement and had forgotten to get the higher ups to sign discharge papers.... rescheduled :(
     
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  8. JacM

    JacM VIC Buyer's Agent - Melbourne, Geelong, Ballarat Business Member

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    Technically yes, though there wouldn't be enough money in it for the vendor's conveyancer to bother re-doing the calcs if it's just a delay of one day.
     
  9. Terry_w

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

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    Usually when a bank causes a delay they will foot the extra interest and costs incurred - just have to ask.
     
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  10. JacM

    JacM VIC Buyer's Agent - Melbourne, Geelong, Ballarat Business Member

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    @juxt1n my point about potential for delays is to perhaps be mindful that if there is a delay, then you will be mucking tradies about, and they might not be available a day later. I think it is best to leave a 24hr buffer in case of settlement delays and have tradies start two business days after settlement, not the very next day.
     
  11. juxt1n

    juxt1n Well-Known Member

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    Say Tuesday is settlement (for purchase house) and i need to call my banker on Monday to get final discharge figure for the mortgage on the sale house, and buy a cheque..

    What is this discharge amount in relations to amount owing on the purchase house. The amount oweing is already known.
     
  12. Terry_w

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

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    Loan amount plus interest plus fees.
     
  13. juxt1n

    juxt1n Well-Known Member

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    What loan amount, what fee what interest?

    The loan has already been providen and can be acessed at any time?

    This has something to do with discharge of sale house.
     
  14. Terry_w

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

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    If you are talking purchase you will need to know how much funds will be made available at settlement. Fees are transfer, stamp duty, registration of mortgage, bank fees.
     
  15. juxt1n

    juxt1n Well-Known Member

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    Settled in the 11th hour. Unbelievable!

    Now i got asked to pay for the purchased house's title. I assume this is paid by the purchaser (me) is that correct?
     
  16. Terry_w

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

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    Why?
     
  17. juxt1n

    juxt1n Well-Known Member

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    Because it is not in my name. And i need to put the titles in my name?
     
  18. Terry_w

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

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    What is the actual fee called?
     
  19. Perthguy

    Perthguy Well-Known Member

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    Did you use a conveyancer or do it yourself?
     
  20. juxt1n

    juxt1n Well-Known Member

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    Discharge of Mortgage registration fee
    Transfer registration fee
    Globalx agency lodgement fee

    All three!

    Through lawyer.
     
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