Hi everyone, i am a Qld investor and found a property in W.A that i want to put an offer on. I called the agent and was told that all offers must be made on a contract, and it must be the original. Hence am i to assume that i have to post a contract over to Western Australia in order for them to think about my offer? If there is negotiation, and the offer is made higher etc, do i then have to keep posting offers over until we have an agreement? I am looking at a couple of days postage each offer which means i could miss out on the deal. Is this normal? Any insight would be great. Thanks
Matt R (Gold Coast)
a fax would be acceptable. it is correct that if it is not on paper it is not an offer.
http://www.megainvestments.com.auJohn Carroll
Sounds like the Agent is trying to sucker punch you. I would not make an offer on the contract of a property I have not seen. Just writing it down on paper and signing this is a suitable offer.
If you do it on the contract, the vendor can then sign it and you will be bound. It is a recipe for disaster unless you are certain you want to purchase at the price you offer.
I would also include an expiry date for the offer if submitting it on the contract.
The Mortgage Adviser
http://www.themortgageadviser.com.au
[email protected]
Essential Links“I would also include an expiry date for the offer if submitting it on the contract.”
I hear this often but it really isn’t necessary. You can quite legally (in WA) verbally withdraw any written offer up until the point that acceptance has been communicated to you. The only benefit I can see is that the Seller may get a psychological kick up the backside when they see it written down.
http://www.megainvestments.com.auJohn Carroll
“sucker punch” I would slap an agent that tryed to “sucker punch” me.[angry2]
Ouch!Spoke to the agent. Faxing is not acceptable. Must be the original. I am thinking about ringing another agent in the same town and getting the low-down.
Matt R (Gold Coast)
“Proxy”is it poserble to purchase using a proxy?????????
Ive always faxed O & A contracts back & forth in WA Find out if the property is listed with any other agents and go thro them instead. Let them fight it out for their share of the commission.
JodieRing the Agents principal and explain your concerns. If they are stuck on this contract requirement, just say goodbye and contact the owner directy and tell them what happened.
The Mortgage Adviser
http://www.themortgageadviser.com.au
[email protected]
Essential LinksWe too have been using Faxes on our O & A’s.
As long as the original is signed in the end, there is no reason you can’t negotiate in writing and fax it thru.
Our originals are handled by our Settlement agents so in the end you sign the original anyway.
Sounds like the agent is either wet behind the ears or doesn’t believe in you as a viable customer! Perhaps you should go to the Principle and express your concerns. If they tell you the same, then you know who not to deal with. Once a letter is then sent to the owner (get some of the info from the Governor Generals Office) explaining what is going on, you may get what you want or you’ll discover who is behind the request for “signing original only”.Wish you all the best!
Cheers
C@34Our greatest weakness lies in giving up. The most certain way to succeed is to always try something one more time.
– Thomas EdisonHi Matt
It is an accepted WA law that a fax is a legal document when signed by all parties. It needs to have a witness. If it is faxed through so many times it becomes illegible then the settlement agent may require that signatures are done on the original offer and acceptance contract so that the stamp office (tax dept) can read said documents. I asked my agent for the legalities to your query so they have come first hand.I have a fab settlement agent that I fully trust and can give you the name and a phone number. Also if you like I can physically have a look at the property and get back to you on the condition of it.cya
Sue Hall
you can email me direct on [email protected]
Agree, i’ve had no problems at all with contracts here in WA and faxing O&A paperwork.
do your research about what to include though, there is a great post ion this in the Forum..think it started with “subject to…”
REDWING
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorGrr soo annoyed. i swear this agent has it in for me for some unknown reason. I faxed though an offer, and she rung me and said “this is not how we do things here”. i feel like slapping her.I am guessing that she does not deal with investors very much, as she does not understand that i can not walk into her office and sign her already prepared offer sheet. She faxed me through a copy of what her “i prepaed one earlier” offer sheet looks like. It has the agencies name on it, and all these other things which should not matter. I can not comprehend why she would not want to help me, rather than push me away. I asked if there is anyone else in the agency i can deal with and she said no because its her listing. They are also the only agency with this property.
Matt R (Gold Coast)
Matt,
Have you called the Principal? No point in getting your knickers-in-a-knot over some agent being difficult.
Allow them to state the relevant law to you over the phone, that states that a faxed offer is not acceptable/illegal. If you don’t get satisfaction just go up the ladder, find the owner and tell them some-one is bound to end this frustration, one way or the other. Best of luck! Hope you win.Cheers
C@34Our greatest weakness lies in giving up. The most certain way to succeed is to always try something one more time.
– Thomas EdisonHi,
I bought just recently in WA (a couple months ago). Being in VIC I hadn’t even seen the place in person and didn’t meet the REA involved. I used faxed documents to buy the land, no worries. Actually I made the offer over the phone and was given a verbal agreement (one I was made aware meant nothing until a signed contract was exchanged). So after the phone negotiation the REA faxed the contract over, I filled in my details and the offer amount. The offer was shown to the seller who signed, they faxed it bakc and I signed. I appointed a representative and left the rest to them.You can always ring another agent, tell them the house you are interseted in and they may still be able to sell it to you and share the commision with the listing agent.
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