Subject to Finance or Valuation

Discussion in 'The Buying & Selling Process' started by Melkp, 13th Jul, 2020.

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  1. Melkp

    Melkp Member

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    Hi there,

    Just seeking the help of experts please.

    I have a finance pre-approval already, if I wish to bid for any property then I should be including "Subject to finance" clause ?

    The main reason from my perspective is :

    If the bank undervalues the property, then I have to arrange for the gap in bidding amount.

    But, an agent mentioned that I don't have to include "Subject to finance" clause (since I have pre-approval), for better clarity he has recommended me to include "Subject to Valuation" clause.

    Just wondering whether it's correct advice please. Any opinions please ?

    Regards,
    Melbie
     
  2. The Y-man

    The Y-man Moderator Staff Member

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    When you say "bid" - is this for an auction?

    In Vic, you can't put conditions for auctions.

    The Y-man
     
  3. The Y-man

    The Y-man Moderator Staff Member

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    *NEVER* believe an agent. Ask you solicitor.
    If you haven't got a conveyancing solicitor - get one (you can use a conveyancer from the next one if you want)

    The Y-man
     
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  4. Melkp

    Melkp Member

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    Thanks for reply, sorry I was not clear before. It's private sale, not auction.
     
  5. Melkp

    Melkp Member

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    Sure, definitely, This question was more from offer perspective, I am going to take the advice of a conveyancing solicitor before signing the contract please.

    Thanks
     
  6. The Y-man

    The Y-man Moderator Staff Member

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    Even a "subject to finance" clause needs to be worded very carefully to be effective.

    The Y-man
     
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  7. Terry_w

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

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    Be very specific in your finance clause. Go for an amount of 90% of the purchase price so that even if the valuation comes in low they won't be able to approve at 90%.

    seek specific legal advice on the wording
     
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  8. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    There's a few problems with a 'valuation' clause.

    Firstly it's quite rare for there to be a valuation problem. I have had more cases where the lender decided not to honour the pre-approval.

    Secondly what if the vendor tells you to get a valuation with a different lender? That valuation might be fine, but that's no guarantee that they'll approve the finance.

    In essence a valuation clause doesn't protect you very much.
     
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  9. Melkp

    Melkp Member

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    Thanks for your time and opinion
     
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  10. Melkp

    Melkp Member

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    Thanks for your inputs and advice