Signing a Contract

Hi all,

Brand new to this website and have just registered so please bare with me. My partner and I are thinking of purchasing our first investment property. I am aware of signing a contract "subject to" but was wondering if anyone can assist me with other clauses I may include when signing. Two clauses that come to mind are;

1. subject to finance approval, and
2. subject to building inspection.


Can anyone provide further? Your help would be much appreciated.

Sean
 
Hi Sam,

May I suggest a variation on your "finance" idea ?

Subject to finance suitable to the purchaser

Another option, depending on the circumstances, might be,

Subject to approval by the Business Partner of the purchaser

That way, you and your better half can bounce your ideas around together after signing, but you can defer your final decision to your cat / dog / pet bumblebee.

Thanks,

BDM
 
I recently had an experience where the agent was actively seeking looser terms - even to the point of saying that a lower cash unconditional offer would win over a higher offer subject to finance, building and pest etc...

I would have loved to be in a position to offer cash, but unfortunately not!
 
Subject to approval by the Business Partner of the purchaser

Hehe reminds of me Robert Kiyosaki. In one of his books he wrote "always include get out clauses in your contract such as 'Subject to approval by the Business Partner' but little do they know that my business partner is my cat".
 
Brand new to this website and have just registered so please bare with me.


G'day Sean - welcome,

I'd suggest having a good long hard think about loading up your offer contract with all of these really clever little sneaky "get out" clauses....cos most reasonably intelligent Seller's see straight through the charade that the guru's peddle as really swisho.

Make it subject to your pet goldfish approving if you so desire, but don't be surprised if, after considerable time, due diligence and cost to evaluate and sort the properties down to a level where you feel strong enough to get the pen out and start making a written offer, all of that is wasted as the Seller screws up your offer and chucks it straight into the bin.

Fantastic and no worries if you don't care and you are simply dropping hundreds and hundreds of offers around the place, but the agent's will soon catch on what's up. If you do actually value your time and due diligence effort, then I'd suggest you get fairly serious and sort out all of your subject to's before you offer.

At the end of the day, the Seller is looking for an offer that is as high as possible, cash unconditional with a short a settlement period as possible. That's attractive to them. Anything less is commensurately more unattractive. Loading up the offer with finance clauses, pest clauses, building inspection clauses, subject to partner clauses, start renovating before settlement clauses, long delayed settlement times, little or no deposit, subject to your own home selling first clauses, which way the wind blows clauses and a few more thrown in, will obviously get you a huge pat on the back from all of the guru's teaching you how to not be pinned down and never commit......but.....in the real world it'll be such an ugly unattractive offer, the Sellers will probably wipe their a$$ with your offer, screw it up and then throw it straight in the bin. Meanwhile, you'll probably be there biting your fingernails hoping they accept your offer, sitting by the phone waiting for that phone call to announce "It's yours !!!!"

Oh well. Didn't work as per the lecture / book / seminar. What's plan B ??

We have recently been involved with quite a few offers, and found it's pretty hard to compete with cash unconditional offers from other buyers. If the Seller signs, that's it....the deal is complete. That's the way they like it, and frankly the only way I'd sell a property as well.

When just starting out, I'd be looking to do my due diligence on the property as much as I could, and try and contain the clauses to just a finance clause. Have a real good squizz at the place before you write the offer up. At some point you have to commit.

Hope I haven't waffled on too much.
 
Hi and Welcome.
Dazzling has made excellent points.
At the end of the day, you can put subject to any conditions you like...any!
But like Daz' said, do enough due dilligence! Try to offer the best contract with the most attractive terms to the vendor if you want the property (that also suit you of coarse!) as you may not be the only offer on a property. Again as Daz' said, a vendor will pretty much take a cash unconditional contract over any other on offer.
Good luck!

Cheers,
 
i have just run into trouble where i had "subject to finance" clause in a contract. The valuation of the property came in 50K less than I had expected. so i can not get a loan for 80% of the contract price. now technically i have the finance because i can just put in more of my own money, i have 110K in equity, however this would not be a good thing for me to do financially. but the subject to finance clause does not actually get me out of this contract. in the future i will be putting subject to acceptable valuation as well as subject to finance.

I dont understand how your dog can be classified as a business partner? surely in the subject to business partner clause if you acutally want to terminate based on this you need to name the business partner. or show proof. i dont see how a dog can be a legal entity. can someone please clarify if this is actually legal to do.

thanks
 
Hi all,

Brand new to this website and have just registered so please bare with me. My partner and I are thinking of purchasing our first investment property. I am aware of signing a contract "subject to" but was wondering if anyone can assist me with other clauses I may include when signing. Two clauses that come to mind are;

1. subject to finance approval, and
2. subject to building inspection.


Can anyone provide further? Your help would be much appreciated.

Sean

Hi & welcome.

First question is why do you even want to include those clauses? In case you change your mind? Are you sailing close to the wind on servicability?

Second is which city/town are you looking at buying in, and whether it might be an auction or a private sale? Depending on the answer to this will determine whether it's plain impossible to include those kind of clauses, simply unwise, worth a shot, or absolutely a must :)

Cheers.
 
My opnion on this ssubject is that if your unsure of things about the property, whether it be finance, pest inspections or sewer lines you shouldnt be making an offer in the first place.
 
Splade, can´t you get the bank to issue you a letter saying that finance has been declined? Surely they can do that for you?

If not I would be asking another lender to do that for you so you can get out of the contract (if that is what you wish to do)
 
My opnion on this ssubject is that if your unsure of things about the property, whether it be finance, pest inspections or sewer lines you shouldnt be making an offer in the first place.

One of the most intelligent replies I've seen on this site :D

My only recommendation is if you are buying an old home in Qld I'd add subject to electrical inspection. Building insp doesn't account for wiring and I'd highly recommend having it checked prior to purchase.

Kev
www.gogecko.com.au
 
May I suggest a variation on your "finance" idea ?

Subject to finance suitable to the purchaser

Also in the middle of filling out a contract/offer.

With the finance area I have put in as above that it needs to be suitable to purchaser, there is a spot for a % rate on the loan (ie is not to exceed this), if I have put the finance needs to be suitable to the purchase does it really matter what I put here? The RA agent briefed this quickly and mentioned 8.5% which I sure as hell wouldn't pay, looking at part fixed part variable, both which will be under 7.5%, is it unreasonable just to put 7.5% there?

I will be putting in 'subject to receiving paperwork for council approval documents on buildings' as that is one thing I have been promised but not yet seen. Is that unreasonable?

Also I see a lot on the site put subject to pest/building inspection, while I will get these done it will be during the cooling off period so do they really need to go into the contract as a condition?

I can't think of anything else that I would need to put on there and am not looking to scare the vendors away by loading up the contract with conditions, any other tips/recommendations/views on the above wording/conditions?
 
Hi,


I'm a little confused at what stage these clauses are used.
I am just buying my 1st IP now and wouldn't know where to use these, is it at the offer stage?

After negotiating with the agent/vendor and agreeing on a price, we put down a 0.25% deposit and got a 10 day cooling off period. So any time in that period we can pull out of the deal, but would lose our 0.25% holding deposit.

Does everybody else have to put down a 0.25% holding deposit which is non refundable?


Thanks
 
Hi,


I'm a little confused at what stage these clauses are used.
I am just buying my 1st IP now and wouldn't know where to use these, is it at the offer stage?

After negotiating with the agent/vendor and agreeing on a price, we put down a 0.25% deposit and got a 10 day cooling off period. So any time in that period we can pull out of the deal, but would lose our 0.25% holding deposit.

Does everybody else have to put down a 0.25% holding deposit which is non refundable?Thanks


Purchasing property in NSW is a completely different process to Qld. You will lose the 0.25% deposit only if you pull out of the contract on the basis of the cooling off period.

Kev
www.gogecko.com.au
 
How do you get these clauses into the contract? Do you just write/attach them yourself to both copies before signing? Or do you have to get your lawyer to insert them? Sometimes, the agent might push for an 'authority to exchange' which may be to my advantage to close the deal, but I want to add "just one little itty-bitty clause". :D
 
i have just run into trouble where i had "subject to finance" clause in a contract. The valuation of the property came in 50K less than I had expected. so i can not get a loan for 80% of the contract price. now technically i have the finance because i can just put in more of my own money,

I've heard of the "subject to finance satisfactory to the purchaser" clause which allows you the discretion to say whether you're satisfied with the clause. I'm not sure of the exact wording; I'm not a lawyer. :)

I've argued with bank valuations before during the settlement period. Valuers can be lazy sometimes. If you've done your research and can prove that the price is reasonable for the area based on recent relevant sales, then they may reconsider. It may help to get the agent involved too if they have historical data as well.
 
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