Hi guys,
I am new here, living in Perth WA.
Thinking to buy properties in QLD for a while, got finance pre-approval by ING Bank through one finance broker in Perth WA and thought she is very experienced and she told me she could do nationwide finance after I told her I was going to buy in QLD, not WA.
Then I saw a house in QLD late March this year and contacted one seller's agent A of the house, I asked her why the house had been sitting in the market for over 4 months under such hot market, she explained that the house had a seller's agent B before, he did not do a good job for the owner, also there was a very bad property manager not looking after the property well either, made the house look not good enough for buyers, now she took over and fixed some problems for the owner, now the house looks very good, should be able to get tenants in right away. I told her I was going to put an offer on it but the price was a little bit high, she did not want to negotiate prices, so I said ok, please sent me a form of your contract, but I need to do building and pest inspection first. She agreed, after I fund out quite a few problems from the building and pest report, I tried to negotiate the purchase price with her again, but she looked like reluctant to talk to me and did not return my phone calls. Of course I did not sign anything with her and did not return the form of contract to her either.
I was still interested in the house, accidentally noticed another seller's agent B for the same house had exactly same home open date on real estate website, so I rang him and asked him if he was still the seller's agent for the house or not, he confirmed me yes, he was still, A & B was joint seller's agents for the house in the same time.
I told him I had already contacted seller's agent A and done building and pest inspection for the house, lots of issues showed me the asking price should not be so high, I requested a reasonable offer so I can use the rest funds to fix the problems around the house.
After several days negotiation with the seller and the seller's agent B, this early April we signed a contract. This mid April I flew back to Perth from my regional working place, went to see my finance broker to sign some documents in her office first and took a few documents back home with me as well, because my finance broker told me I must get those documents witnessed and signed by an eligible person and certify my ID and also she printed out one piece of paper with the whole list of who is eligible to do those. In the meantime, she sent me an email to remind me there was a post office and chemist not far from her office as well, I could pop in and get them to certify and witness my documents.
So I went to a post office and asked the manager to witness and certify my documents, then mailed them back to my finance broker on that day too.
The end of April I flew back to work in regional WA again, contacted my finance broker and asked her if my finance officially approved or not, she replied yes, early April already approved, then I asked if they notified my settlement agent and the seller's agent B about it, she replied yes, notified them already, I said because I should pay $500 to the seller's agent B after signed the contract, the rest deposit $8500 should pay to the seller's agent B after the finance officially approved, so I clicked my mouse button and paid the rest deposit $8500 to seller's agent agent B after confirmation of finance officially approval from my finance broker.
The settlement date was supposed to be 13th May 2014.
05 May 2014, my finance broker sent me an email and told me that LNG Bank required me to redo my loan documents witness and certification because in QLD the documents must be witnessed by a JP or solicitors, not a manager of post office.
I said to my finance broker what I did was exactly following her instructions and I had proof of her email as well, but she kept saying the lady from ING Bank confirmed her on the phone that a post office or chemist is ok for the witness, but the lady from ING Bank now denied what she said and only requested me to redo my witness then she would approve my settlement agent to book settlement date.
I told my finance broker that I am now still working in regional WA and we do not have JP or solicitors in the camp and we are not allowed to go outside of the camp, I will not be able to redo the documents witness until I get back to Perth home in the end of this May, also I only have a driver's license with me, my ID certification cannot reach 100 points requirements by ING Bank either.
So my finance broker sent my settlement agent an email requesting extending settlement date to be 30th May, after several days, the settlement agent told me that the seller only could accept it on a condition of extra payment of $10,000 on top of my purchase price
I forwarded such an email to my finance broker, she asked my settlement agent what kind of scenarios in QLD, and it is too rare to hear to charge so much.
After several days, I knew I could not get anything from my finance broker and told my settlement agent to say no to the seller, because it is ridiculous to ask for so much.
15th May 2014, my settlement agent sent me an email that the seller terminated the contract, which means the seller is going to take my deposit money $9000 away by law in QLD.
Now I will lose my deposit $9000 and I do not think it was my fault to cause such lose, can someone tell me what I should do next? How can I get my deposit money $9000 back?
Thank you very very very much in advance!
flyhere
I am new here, living in Perth WA.
Thinking to buy properties in QLD for a while, got finance pre-approval by ING Bank through one finance broker in Perth WA and thought she is very experienced and she told me she could do nationwide finance after I told her I was going to buy in QLD, not WA.
Then I saw a house in QLD late March this year and contacted one seller's agent A of the house, I asked her why the house had been sitting in the market for over 4 months under such hot market, she explained that the house had a seller's agent B before, he did not do a good job for the owner, also there was a very bad property manager not looking after the property well either, made the house look not good enough for buyers, now she took over and fixed some problems for the owner, now the house looks very good, should be able to get tenants in right away. I told her I was going to put an offer on it but the price was a little bit high, she did not want to negotiate prices, so I said ok, please sent me a form of your contract, but I need to do building and pest inspection first. She agreed, after I fund out quite a few problems from the building and pest report, I tried to negotiate the purchase price with her again, but she looked like reluctant to talk to me and did not return my phone calls. Of course I did not sign anything with her and did not return the form of contract to her either.
I was still interested in the house, accidentally noticed another seller's agent B for the same house had exactly same home open date on real estate website, so I rang him and asked him if he was still the seller's agent for the house or not, he confirmed me yes, he was still, A & B was joint seller's agents for the house in the same time.
I told him I had already contacted seller's agent A and done building and pest inspection for the house, lots of issues showed me the asking price should not be so high, I requested a reasonable offer so I can use the rest funds to fix the problems around the house.
After several days negotiation with the seller and the seller's agent B, this early April we signed a contract. This mid April I flew back to Perth from my regional working place, went to see my finance broker to sign some documents in her office first and took a few documents back home with me as well, because my finance broker told me I must get those documents witnessed and signed by an eligible person and certify my ID and also she printed out one piece of paper with the whole list of who is eligible to do those. In the meantime, she sent me an email to remind me there was a post office and chemist not far from her office as well, I could pop in and get them to certify and witness my documents.
So I went to a post office and asked the manager to witness and certify my documents, then mailed them back to my finance broker on that day too.
The end of April I flew back to work in regional WA again, contacted my finance broker and asked her if my finance officially approved or not, she replied yes, early April already approved, then I asked if they notified my settlement agent and the seller's agent B about it, she replied yes, notified them already, I said because I should pay $500 to the seller's agent B after signed the contract, the rest deposit $8500 should pay to the seller's agent B after the finance officially approved, so I clicked my mouse button and paid the rest deposit $8500 to seller's agent agent B after confirmation of finance officially approval from my finance broker.
The settlement date was supposed to be 13th May 2014.
05 May 2014, my finance broker sent me an email and told me that LNG Bank required me to redo my loan documents witness and certification because in QLD the documents must be witnessed by a JP or solicitors, not a manager of post office.
I said to my finance broker what I did was exactly following her instructions and I had proof of her email as well, but she kept saying the lady from ING Bank confirmed her on the phone that a post office or chemist is ok for the witness, but the lady from ING Bank now denied what she said and only requested me to redo my witness then she would approve my settlement agent to book settlement date.
I told my finance broker that I am now still working in regional WA and we do not have JP or solicitors in the camp and we are not allowed to go outside of the camp, I will not be able to redo the documents witness until I get back to Perth home in the end of this May, also I only have a driver's license with me, my ID certification cannot reach 100 points requirements by ING Bank either.
So my finance broker sent my settlement agent an email requesting extending settlement date to be 30th May, after several days, the settlement agent told me that the seller only could accept it on a condition of extra payment of $10,000 on top of my purchase price
I forwarded such an email to my finance broker, she asked my settlement agent what kind of scenarios in QLD, and it is too rare to hear to charge so much.
After several days, I knew I could not get anything from my finance broker and told my settlement agent to say no to the seller, because it is ridiculous to ask for so much.
15th May 2014, my settlement agent sent me an email that the seller terminated the contract, which means the seller is going to take my deposit money $9000 away by law in QLD.
Now I will lose my deposit $9000 and I do not think it was my fault to cause such lose, can someone tell me what I should do next? How can I get my deposit money $9000 back?
Thank you very very very much in advance!
flyhere