what happens on Settlement day?

Discussion in 'Legal Issues' started by Mindplay, 27th Jan, 2018.

Join Australia's most dynamic and respected property investment community
Tags:
  1. Mindplay

    Mindplay Active Member

    Joined:
    6th Nov, 2017
    Posts:
    37
    Location:
    Sydney
    Hi All we bought a house in NSW in December. Our settlement is on Fri 2nd February. Our loan is approved from westpac, we created the accounts and received loan papers etc. Already deposited the 10% to the real estate agent at the time of contract exchange.

    Now we want move in to the house on Sat 3rd February. Is it possible to finish all the formalities on the day of settlement on 2nd February and get the keys on the same day? Or does it take a few more days? I already booked removals on 3rd February, next day of the settlement date, Should i reschedule the removalist? I am so worried now.

    Thanks in advance
     
  2. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Yes, if it settles, you go and get the keys etc and start doing as you planned.

    but

    There can be things that delay settlement.

    If you have booked removals, and place does not settle, most removalists will have options such as keep it in truck till next day, or put in storage.

    No matter who you are, things can go wrong, but the sun will keep setting and rising :)
     
  3. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,169
    Location:
    03 9877 3000
    Settlement isn't the big deal that people tend to think it is. A few clerks meet, exchange some paperwork and some cheques, then it's done. Usually about 5-10 minutes. It's usually done in a large room with multiple standing tables and multiple settlements are happening all at the same time. Fridays are especially busy.

    Assuming all the paperwork and cheques are in order, the settlement is completed and you're notified shortly afterwards. You can then pick up the keys from the agent and start moving that afternoon.

    Sometimes things do go wrong for all sorts of reasons. It's usually not a big deal and the property settles later that day or the following day. For this reason I generally suggest not to settle on a Friday. Tuesday or Wednesday tend to be the best days to settle.
     
    Mindplay and kierank like this.
  4. kierank

    kierank Well-Known Member

    Joined:
    20th Jan, 2016
    Posts:
    8,415
    Location:
    Gold Coast
    +1

    Yeah, I always aim for a Wednesday settlement.

    Mondays and Tuesdays for the vendors to vacate, final clean-up, for me to conduct the pre-settlement inspection, ...

    Wednesdays for settlement.

    Thursdays in case something goes wrong.

    Thursdays/Fridays to do what I need to do.

    I hate Monday and Friday settlements.
     
    Westminster and Peter_Tersteeg like this.
  5. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,983
    Location:
    Australia wide
    Best to assume settlement won't happen on Friday.
    I have seen many people's plans stuffed up because settlement was delayed. Imagine you have a removalist booked but cannot access the property till Monday or Tuesday

    Legal Tip 45: Avoid Agreeing to Settle a Property on a Friday https://propertychat.com.au/community/threads/legal-tip-45-avoid-agreeing-to-settle-a-property-on-a-friday.2320/
    .
     
  6. Mindplay

    Mindplay Active Member

    Joined:
    6th Nov, 2017
    Posts:
    37
    Location:
    Sydney
    Oh God, this is horrifying. at the time of exchange we asked the RE agent, our lender, solicitor and everyone that can we move in on the next day of settlement and everyone said yes go ahead and book the removalist. This is so concerning. I will have to get our staff in a storage and that will be a nightmare. I will try to move the settlement 1-2 days early. The seller is moving out this weekend and adviced us to connect NBN etc from Mon 29th. They also informed us that the property will be vacant and available for inspection from Wed 1st Feb.

    I have had no idea that settlement could go wrong! i dont know what to do!!
    I spoke to my lender. said they had everything ready but things can go wrong from solicitor end/ sellers mortage issue and so on :(
     
  7. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

    Joined:
    18th Jun, 2015
    Posts:
    2,025
    Location:
    Brisbane
    It's usually the bank that goes wrong, often the seller's bank. They are often losing a client and just don't seem to care about complying with deadlines. Banks on the way in can be bad also. We do hundreds of settlements are month, and would have 1 or 2 a day that are extended
     
    Mindplay likes this.
  8. 738

    738 Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    131
    Location:
    Melbourne
    Having worked in real estate for 10 plus years I can say in my experience 95% of my settlements have gone through as scheduled.
     
    Mindplay and Terry_w like this.
  9. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,983
    Location:
    Australia wide
    If they are moving out they might let you in even though settlement hasn't happened. Speak to your lawyer about moving in without permission too!
     
  10. Mindplay

    Mindplay Active Member

    Joined:
    6th Nov, 2017
    Posts:
    37
    Location:
    Sydney
    Thanks Terry I will ask our solicitor on Monday
     
  11. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,169
    Location:
    03 9877 3000
    If your settlement is already booked and you've got the remaining funds where they need to be, odds are you're fine.

    Given a choice I wouldn't settle on a Friday, but that doesn't mean the sky is falling.
     
  12. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,245
    Location:
    Sydney or NSW or Australia
    Then they head off to the pub. If you're lucky, they'll come back to the office with the paperwork and cheques.:oops: