risks of longer settlement ?

Discussion in 'The Buying & Selling Process' started by frankjeager, 1st Jun, 2019.

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

    frankjeager Well-Known Member

    Joined:
    2nd May, 2019
    Posts:
    734
    Location:
    sydney
    hi, i have just purchased a property, the vendors have requested a 90 day settlement, as opposed to the standard 45 day. my question is does this present any risks or problems or just anything i should know about or keep in mind ? thanks
     
  2. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,421
    Location:
    Qld
    Fairly standard and quite common.
    Marg
     
  3. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    Risks with longer settlements include
    - vendor more likely to change their mind and not settle
    - either party dying
    - change in circumstances, such as employment, causing loan issues
    - finance expiring
    - death or either party
    - damage happening to the property

    90 days is not that long though.
     
    Propertunity likes this.
  4. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    The 'standard' is 42 days in NSW - 6 weeks. 90 days gives the vendor time to pack and find a new place to live - so not that uncommon as @Marg4000 said.
     
  5. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

    Joined:
    14th Jun, 2015
    Posts:
    10,654
    Location:
    Gold Coast (Australia Wide)
    Some lenders demand that the loan be settled before the val ages to 90 days...........otherwise they want a new val.

    In a slowing market that could be yuk

    ta

    rolf
     
    Scott No Mates likes this.
  6. Jamie Moore

    Jamie Moore MORTGAGE BROKER - AUSTRALIA WIDE Business Member

    Joined:
    18th Jun, 2015
    Posts:
    3,980
    Location:
    Canberra, Brisbane and Sunshine Coast
    A 90 day settlement isn’t uncommon - can work well if it’s an IP. Less interest for you :)

    if it’s a PPOR it can be a pain because you’re probably itching to get into the new home.
     
  7. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    I think you can see a doctor to get a cream for that :)
     
    The Y-man likes this.
  8. 3rd Drop

    3rd Drop Well-Known Member

    Joined:
    26th Jun, 2015
    Posts:
    102
    Location:
    Melbourne, VIC
    I have sold one late last year with 120 days settlement as I wanted to buy a house by this time. Everyone has different issues however 90 days looks pretty standard to me.
     
  9. frankjeager

    frankjeager Well-Known Member

    Joined:
    2nd May, 2019
    Posts:
    734
    Location:
    sydney
    thanks everyone, its a ppor so yeh im excited to get things moving
     
  10. frankjeager

    frankjeager Well-Known Member

    Joined:
    2nd May, 2019
    Posts:
    734
    Location:
    sydney
    i didnt think vendor could change theyre mind once contracts are signed ?
     
  11. frankjeager

    frankjeager Well-Known Member

    Joined:
    2nd May, 2019
    Posts:
    734
    Location:
    sydney
    thanks
     
  12. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    They are contractually bound, but what if they simply refuse to settle? It would be up to the buyer to make an expensive application to the supreme court to attempt to compel them. It would be generally cheaper and easier to just find another property to buy.
     
  13. Beano

    Beano Well-Known Member

    Joined:
    7th Apr, 2016
    Posts:
    3,359
    Location:
    Brisbane
    yes for most homes ....but for positive geared investment where every day is more profit ....one day is too long ...I want settlement today lol
     
  14. frankjeager

    frankjeager Well-Known Member

    Joined:
    2nd May, 2019
    Posts:
    734
    Location:
    sydney
    wow ok, i never thought of it like that
     
  15. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,421
    Location:
    Qld
    This is a slight possibility regardless of the length of the contract.

    Out son bought a new (at the time) PPOR some years ago on a long contract. He had a very strict list of requirements, a narrow search area (a few streets only) and very few properties met his criteria. One ideal property did come up for sale before he was really ready to buy (naturally).

    Son planned to keep his then PPOR as an IP so was in no hurry to move. Vendor was building a new house so did not want to move before he was ready. Son negotiated a very good price on the basis of a five month contract with the vendor able to settle early on 14 days notice when his new house was ready to move straight in. All went well, everyone happy.
    Marg
     
  16. frankjeager

    frankjeager Well-Known Member

    Joined:
    2nd May, 2019
    Posts:
    734
    Location:
    sydney
    thanks for the anectdote, sounds like your son did well !
     
  17. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,421
    Location:
    Qld
    It was a case of the vendor having particular needs (not wanting to rent short term, avoid a double move) and a buyer who was able to meet the vendor’s needs due to his circumstances.
    Marg
     
  18. New Town

    New Town Well-Known Member

    Joined:
    8th Sep, 2015
    Posts:
    746
    Location:
    QLD & NSW
    One quirk is that the date to pay stamp duty arrives before you've settled
     
  19. +-5

    +-5 Member

    Joined:
    18th Feb, 2019
    Posts:
    20
    Location:
    Sydney
    I just went through a 21 day settlement (with two or three public holidays on the middle) - luckily all the ducks were lined up.....