Question about making an Offer on Property in QLD

Discussion in 'The Buying & Selling Process' started by Samten, 25th Aug, 2015.

Join Australia's most dynamic and respected property investment community
  1. Samten

    Samten Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    275
    Location:
    Sydney
    Hi Guys
    Have just come back from the sunny north and found a couple of places that I would like to make an offer on. Told the agents verbally what we would offer and also confirmed by email. Confirmed terms B&P, val by bank settlement etc. Both agents have sent contracts to be signed before they take to vendor. Have been told "that is the way we do it up here (I'm from NSW and this is first IP) and it is not really a binding contract" even though it says it is. It is a Queensland Law Society Contract for Houses and Residential Land.
    What's the deal? does it need approval by my solicitor before submitting or do I wait till they agree the price.
    Your help and advice much appreciated,
     
  2. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

    Joined:
    18th Jun, 2015
    Posts:
    2,025
    Location:
    Brisbane
    Hi Samtem

    Absolutely the way it is done up here.

    If your contract is subject to finance and you take reasonable steps to obtain finance you can terminate and get your money back. Even if your finance is approved you can terminate (you don't have to be reasonable about the acceptability of the offer).
     
  3. Azazel

    Azazel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,091
    Location:
    Brisbane
    @Samten Yep, that's the way it is in QLD, most agents want a signed contract to submit an offer.
    There is a 5 day cooling off period if they accept.
     
    Bryan Loughnan likes this.
  4. Samten

    Samten Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    275
    Location:
    Sydney
    @RPI thanks for that. So just to clarify OK to sign and submit contract. If they accept then deposit is paid at that point. We are doing a deposit bond thru bank so they need to val first to approve. So do you pay say $1k then the balance of the 10% within so many days? then a 6 week settlement from contract subject to the B&P which is I believe 14 days from contract. Is that about right. Sorry if these q's are a simple but just learning to navigate the differences in QLD.

    Cheers
     
  5. Samten

    Samten Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    275
    Location:
    Sydney
    Also are agents obliged to submit your offer to vendor or can they just say no vendor is looking for $X and dismiss out of hand if offer is below listed price?
     
  6. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

    Joined:
    18th Jun, 2015
    Posts:
    2,025
    Location:
    Brisbane
    Just do the $1k depoist, no need for deposit bond. $1k deposits are extremely common in QLD.

    Normal in QLD is
    7 days B&P
    14 days finance
    30 days settlement

    But your time frames are also very common.
     
    Tekoz likes this.
  7. Samten

    Samten Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    275
    Location:
    Sydney
    Thanks
     
  8. JK200SX

    JK200SX Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    527
    Location:
    Melbourne
    Just last week I did:
    14 days B&P
    14 days finance
    30 days settlement

    You also have 2 days to pay your initial 1k deposit.
     
  9. chindonly

    chindonly Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    686
    Location:
    Brisbane
    I would have a lawyer check your special conditions before submitting.
     
  10. Tekoz

    Tekoz Well-Known Member

    Joined:
    23rd Jun, 2015
    Posts:
    1,374
    Location:
    Sydney
    So what if the vendor doesn't accept the price ?
    do we get the $1k deposit back ?
     
  11. Ed Barton

    Ed Barton Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,229
    Location:
    Brisbane
    yes
     
  12. Azazel

    Azazel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,091
    Location:
    Brisbane
    Yes, but it could get a bit funny if you're submitting many offers at the same time - in the off chance a few of them got accepted.
     
  13. Tekoz

    Tekoz Well-Known Member

    Joined:
    23rd Jun, 2015
    Posts:
    1,374
    Location:
    Sydney
    Yeah, that's when we as the buyer rescind the offer for some reason, then we would lose the $1k deposit.
     
  14. Ed Barton

    Ed Barton Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,229
    Location:
    Brisbane
    You need to learn more about the norms in QLD and contract law.
     
    Tekoz likes this.
  15. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

    Joined:
    18th Jun, 2015
    Posts:
    2,025
    Location:
    Brisbane
    you can have your solicitor draft a special condition allowing you to terminate if more than one offer accepted.. One of mine if floating around on either this forum or somersoft.
     
  16. Samten

    Samten Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    275
    Location:
    Sydney
    @RPI would you care to share or point to where it might be. Many thanks
     
  17. Chris White

    Chris White Well-Known Member

    Joined:
    7th Aug, 2015
    Posts:
    142
    Location:
    BRISBANE | SYDNEY
    Your solicitor should really be across all of this and advise you accordingly.

    We usually offer;

    14 for finance, pest & building and due diligence.

    And a 35 to 40 day settlement - 30 days puts people under pressure and 'time is of the essence' in QLD - you should familiarize yourself with this part of the contract especially.
     

Property Investors! Ready to Pay Less Tax? Estimate how much Property Depreciation you can claim on your Investment Property. Washington Brown's calculator is the first calculator to draw on real properties to determine an accurate estimate.