settlement on last day--how common it is?

Discussion in 'The Buying & Selling Process' started by katu, 27th Mar, 2021.

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  1. katu

    katu Member

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    I requested early settlement on property but vendor wasn't able to it
    Vendor solicitor told the vendor bank was not ready to settle early
    Now the settlement is pushed to last day of settlement
    My question is -- how common it is for settlement on last day?

    I am currently renting and this is making things complicated for me
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Not the vendor's problem. Just overstay your termination date, by the time the agent tries to her a tribunal hearing, you'll be long gone.

    It's the date you agreed to settle not some random date.
     
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  3. jaydee

    jaydee Well-Known Member

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    Settlement delays are usually the banks fault.

    I recently sold a property (WA) and settlement was delayed 2 times. The CBA was the bank for both the Buyer and the Seller but it appears the mortgage discharge people at the CBA don't talk to the mortgage originators at the same bank.

    Both Buyer and Seller Settlement agents had to do phone tango multiple times to get it over the line.

    (nb: at additional cost to both Buyer and Seller I add)
     
  4. kierank

    kierank Well-Known Member

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    There is a legal phase “Time is of the essence”.

    Translated into Aussie, it means “cow manure”!!!
     
  5. Terry_w

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

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    99% of settlements would be on the completion date.
     
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  6. katu

    katu Member

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    my understanding of settlement date was that its needs to be done within those days ( 42 days) something like due date
    It seems now it actually happen on last day
    What a nuisance this is....
     
  7. Trainee

    Trainee Well-Known Member

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    why do you think this? You set a settlement date because you want to settle on that date.
     
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  8. Clean Cookie

    Clean Cookie Well-Known Member

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    That's why you set a time period on your contract. 30 days is most common, if longer than 30 you'll have a due date for stamp duty before settlement. The whole idea is that it's predictable and consistent so you can plan around it. They have to pack up and find another home in that time too. It's possible to ask for early access for stuff to be delivered OR to bring the settlement date forward.
     
  9. Terry_w

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

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    Not in NSW. It is 42 days here with duty payable up to 90 days after settlement.
     
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  10. Clean Cookie

    Clean Cookie Well-Known Member

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    Well that makes more sense. Hard handing over 30k before settlement that was happily offsetting other loans.
     
  11. Mel Morgan

    Mel Morgan Sydney Property Manager Business Member

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    Stamp duty is payable within 90 days of exchange in NSW.

    @katu unfortunately the 'last day' is generally THE settlement date, its not common to settle beforehand and there's often penalty interest for buyers to settle after this date.
     
  12. Terry_w

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

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    thanks, this is true!
     
  13. spludgey

    spludgey Well-Known Member

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    I'm pretty sure that all 11 of my purchases settled on the settlement date (hence the name).
     
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  14. skater

    skater Well-Known Member

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    Hence why it's called settlement date.
     
  15. Firefly99

    Firefly99 Well-Known Member

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    The last day is the settlement date. I’ve never heard of it happening before the settlement date. It is sometimes delayed and happens after the agreed settlement date. If it’s delayed you can ask the vendor if you can still move in as planned, they may say no but it’s worth asking.
     
  16. Scott No Mates

    Scott No Mates Well-Known Member

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    Also used in cookery "thyme is not an essence". :rolleyes:
     
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  17. kierank

    kierank Well-Known Member

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    Our last contract took 18 months from exchange to settlement.

    12 months to go from exchange to unconditional and 6 months from unconditional to settlement.

    It was a cash contract, with no B&P.

    Our buyer’s property was being resumed by government and our contract was conditional on them receiving sufficient funds from the resumption to complete our sale.

    Lucky it wasn’t in NSW.
     
  18. Ruby Tuesday

    Ruby Tuesday Well-Known Member

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    I have found it very difficult and only got settlement done in under 30 days once , Auctions are usually 2 months. I have found 3 months or loinger most common.
     
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  19. Ruby Tuesday

    Ruby Tuesday Well-Known Member

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    In Vic stamp duty is due 30 days after settlement
     
  20. Scott No Mates

    Scott No Mates Well-Known Member

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    Lucky you weren't in a hurry.
     
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