Use or misuse of Deposit Bonds

I noticed in last weekend’s newspapers that Deposit Bond applications may be registered and recorded on the same day as they are issued and developers, builders, solicitors, financiers, bankers etc., may search and note if any other application has been submitted.

The reason being that many issuers of bonds are now only permitting one bond per applicant to be in existence at any time unless the applicant can satisfy the bond issuer that they can later complete the sale when required.

The purpose of deposit bonds was to allow a purchase to be secured for a nominal fee and the purchaser not to find cash or borrowings against equity to provide the 10% often required as deposit.

A scheme promoted by a number of organisations was to sell the concept of purchasing many properties, often off the plan and secure them with deposit bonds for 0.1% of the sale price of the property. The properties would then increase in value with inflation and the purchasers would sell and cash in on the Capital Gain. Instant millionaires.

Now that the market has gone soft, this scheme is no longer working. Even the Governor of the Reserve Bank has expressed reservations with the technique and has indicated that some investors now may be in trouble. And they are.

One investor was reported in the media to have invested $3,000 in bonds, (1% of deposit value) and secured $3M of property. They were told they would be millionaires in 18 months. In my thinking, they were either stupid or greedy or both.

This also says as much for those insurance companies who issued the bonds. The reputable companies required as stringent an application for the bond as one would expect for the total loan and rightly so.

And what of the vendor companies urging this type of investment?

I will continue to use deposit bonds as a means of securing a property with a 10% or whatever deposit. I will always ensure that I can continue to settle at the appropriate time without relying on an increase in capital gain to survive.

Regards

Ross
 
There is some degree of risk in any investment, so on the one hand some of these people are perhaps taking said risk in hoping that their property appreciates sufficiently during the settlement period to permit the sale to proceed. In some ways this is no different to someone who invests in negatively geared property *today* anticipating future capital growth.

On a smaller scale, however, are those who buy a rental property on the expectation that they will get an immediate tenant without ever considering (or not feeling that they need to consider) how they will cope with the payments if there is no tenant.

Speak to any property marketing company and vaguely mention you are thinking about buying as an investment and most will be quick to "whip out" their simplistic cash flow worksheet which shows that you can hold $X property for $20 per week. (I happen to like the catchcry of one guy: "That's the cost of a Pizza").

I don't see this as much different to the deposit bond, because:

In the case of buying a property that cost $20 per week, you need to realise that if there is no tenant your cost rises to possibly $200 or $300 per week.

In the case of the deposit bond, the $1000 or whatever you spent on a deposit bond could leave you liable to contributing $30,000 or $60,000 as the deposit on the property.

In other words, your real costs may rise significantly above what you anticipated.

The insurance companies should take some responsibility here and get real about how many deposit bonds they issue to any given person.

Property marketers should take some responsbility here and get real about what happens if there is no tenant. Many don't even allow vacancies in their calculations, etc.

It would not surprise me if we might see litigation in the coming years against property marketers who sell these ideas but only provide "half" the information.
 
Hi Kevin

The difference I was trying to make was to say that if a person purchases and secures a property with a deposit bond, and then onsell towards the end of the construction, that’s fine but they must be prepared to settle at the end of the contract if they can’t onsell. That is the simple fall back position. I don’t believe that it should be one roll of the dice only.

If the purchaser is encouraged, urged or otherwise sold on the basis of, if one is good more is better, then they could be in trouble.

The article in the paper indicated something like, the person was on an income of about $75,000, owned a home valued at $300K or $400K (can’t recall the details), no mortgage and invested $3,000 in deposit bonds to secure $3M of property.

Now these people had no hope of being able to borrow $3M in funds nor service the debt, so they just had to sell to survive or go under.

The market has gone soft. They can’t sell, and the media is making great coverage of the fact that they are in trouble. The media is blaming the “housing market” or the “use of deposit bonds” or “boom and bust” or similar to push their story.

In fact, the truth is misuse of deposit bonds brought about by greed or stupidity on the part of the potential investor. I am also critical of the “promoters” for pushing this style of investment scheme.

Responsible investors who have a fall back position are less likely to be caught. We can all miscalculate and be in trouble but if we approach the use of deposit bonds as a means of securing a property and have the fallback position of borrowing and servicing the debt if we can’t onsell, then we can’t blame deposit bonds for our misfortune.

Regards

Ross
 
I guess the point to be made here is that there is a distinct difference between "investing" and "speculating" (or gambling).

And the guy who has secured $3M of property with $3K of deposit bonds is in fact speculating rather than genuinely investing. He is on the get rich quickly track rather than the get rich slowly track.
 
Kevin

I think you have put your finger on the button.

Too many speculate and then blame other factors as the reason for the mess they find themselves in. Facing up to responsibility is the key to the story.

I also agree with your earlier comments that we may see, in the future, some litigation involving unscrupulous marketers, insurance companies and others in this area.

Regards

Ross
 
Hi Ross
You are right about the deposit bond concept not being the one to blame.

In Melbourne,when I enquire about deposit bonds I am told that in order to qualify for a DP,I must have one of the following:
1. A pre-approval from a lender.So if I cant get a $3 mill offer of finance there is no way that they will give me a 10% DP on $3mill worth of property!!
2.If I dont have a pre approval,I must show that I have 5 times the asset cover of the value of the DP!!


It is absolutely amazing.

SR.
 
What happens though if you apply for many deposit bonds in quick succession. Are these entered on your credit reference report or similar?

Can one deposit bond "lender" see bonds supplied from other organisations?
 
Hi Kev,

I think thats the point Ross was making with his first post.

Deposit Bond applications may be registered and recorded on the same day as they are issued and developers, builders, solicitors, financiers, bankers etc., may search and note if any other application has been submitted.

A couple of years ago, this was not the case. You could apply for numerous deposit bonds on the same day, and if they were processed at the same time each bond issuer would not know about the others.

Now, with the way the market is going and the publicity about misuse/overuse of bonds, issuers are covering their bases. In most deposit bond applications now you have to inform the issuer if you currently have bonds issued by other insurers, or are in the process of seeking a bond from another insurer. They want to know about any current applications you have pending. IMO, this is an attempt to stamp out the practice of applying for multiple bonds on the same day. Most deposit bond issuers I have spoken to have said that 2-3 bonds are the maximum that they will allow any applicant to hold at any one time. Im sure there are exceptions to this rule, but its certainly a bit different to the stories we have heard of people holding 10 deposit bonds at once.

Jamie
 
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