Buying in WA What are the things to look out for legally ?. No one seems to want to use layers over here. just exchange agents. Contracts are I think far more binding. We are here now – Any tips anybody ????
One thing that I noticed in WA was that the standard contract does not have anything about being subject to building inspection. Only Finance and Termite infestations. If you have already signed a contract, and you are concerned at all about the place structurally, get a building report done within the cooling off period.
If you haven’t signed stick the condition in the contract.
As a buyer I would generally go with a settlements agent/ conveyancor. But as a Seller setting up a contract with specific conditions, I’d use a solicitor.Mal
Getting out of your comfort zone, can help you become comfortable
There’s quiet a lot you can put into your O&A documents and a lot thats negotiable..
REDWING“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorYes, as per Redwing.
You can put in annexures to your hearts content, anything from ‘Strucutral Integrity’ to dancing girls when you move in, but do you do that over east?
WA just uses, to my mind, an easier format, just as binding (just try and get out of one) and just as flexible. You can, for instance, cross out the subject to finance without it voiding the contract – if that is how you want to go about it.
The beauty for us is that you don’t incurr Solicitors fees!
Cheers
C@34Our greatest weakness lies in giving up. The most certain way to succeed is to always try something one more time.
– Thomas EdisonShwing, we don’t have cooling off periods over here so if the building inspection hasn’t been written into the offer and acceptance document and it’s been accepted then it’s too late to do anything about it.
I quite like our process as you know exactly where you are at all the time. You can put anything you want on the offer and acceptance document (if not sure of terminology then see a solicitor) but otherwise jsut write you conditions into the offer. The seller views the document and either accepts by signing or they counter offer ie: they change whatever they don’t like about your offer and send it back to you, you can then either sign all the changes to accept the offer or you can counter offer again by changing anything you don’t like. It can go back and forth many times but that’s the fun of the negotiation.
The usual conditons on an offer and acceptance are the finance clause and the termite inspection. I usually also write in that all electrical, gas and plumbing must be in working order at settlement. If it looks like there’s been handyman add-on rooms then I’ll usually write in that all additonas must be council approved or I reserve the right to withdrawal from the contract. Or if you have been concerns then write in the building inspection.
Whenever you put anything like this is, specify who is paying the cost of the checks ie: I usually state that I will pay the cost as the contractor doing the checks will by my choice, but if anything needs the current owners signature to be able to obtain the information then the seller must complete any paperwork required. Make sure you have a date that this is to occur by ie: 7 days prior to settlement or something like that and what action can occur if you are not happy ie: if the buildig inspection shows any fualts that the purchaser is not happy with then the purchaser reserves the right to withdrawal form the contract by giving notice in writing etc.
I’ve included all sorts of things in the past from the painting job the sellers were doing being completed to my satisfaction, to the pricky pear plants in the back yard being removed. Usually these weird ones get approved as it’s tings that the seller can do themselves wihtout it costing them any money but saves my pocket and energy later.
Basically like everyone else has said, you can put what you wnat on the offer, then wait and see if the seller accepts it.
Settelment agents are quite satisfactory and they do refer you to a solicitor is things go bottom up and you need that kind of help, but why pay for it if you don’t need it.
Regards
PKToo many states, too many differences in contracts. Thanks for the correction on the cooling off period in WA PurpleKiss. Thank for the idea in the dancing girls calvin34, your way ahead of me.
I like the WA contract. I’m not really a fan of the cooling of thing, being able to get out of a contract for no reason at all. If you really think you might want to get out of it, don’t get into it, or put into the contract the conditions that may allow you to get out of the contract.Mal
Getting out of your comfort zone, can help you become comfortable
We use CS LEGAL in WA to do our settlements, bonus is they are a solicitors firm as well.
they’ve also given us documentation on the properties that other agencies have not done in the past, giving us some great info.
REDWING
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorWe also use CS Legal.
More than happy with their service.
Regrow
You are a fool for 5 seconds if you ask a question, but a fool for life if you don’t.
CS LegalC’mon – don’t hold back. Blow their horn….
If that is advertising just PM me please. What do they charge?? How do I get into contact with them?
Sorry, just being nosey. We have been using VIP Settlements very very nice ladies and very helpful!
Cheers
C@34Our greatest weakness lies in giving up. The most certain way to succeed is to always try something one more time.
– Thomas EdisonOriginally posted by calvin@thirty4:CS LegalC’mon – don’t hold back. Blow their horn….
If that is advertising just PM me please. What do they charge?? How do I get into contact with them?
Sorry, just being nosey. We have been using VIP Settlements very very nice ladies[gorgeous][heart][love] and very helpful!
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 Calvin,
Initially we used CS Legal because my wife knows one of the girls there (netball team-mate) however, I was happy with the work they did, reports given and thier reputation so we’ve stuck with them..
I’ll give anyone a wrap if i’m happy with the service..why not, word of mouth is a powerful tool,..ditto for someone thats scr*w*d you badly..
REDWING
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow Calculatorredwing,
Didn’t your mother ever tell you “if you have nothing to say, then don’t say anything at all!!” ?I’ll have to try CS or VIP next time. I wasn’t happy with Foc…. “Sorry Mum”
Mal
Getting out of your comfort zone, can help you become comfortable
Cheers redwing,
where are they located (CS that is)?
and where do you get those funky emoticons? Being a troglodite and a slo learner – I’d just love to find where you get them. They don’t look to be part of the forum……
Cheers
C@34Our greatest weakness lies in giving up. The most certain way to succeed is to always try something one more time.
– Thomas Edison*click* on “Show Entire Smile List”..Loads of Fun to be had Calvin
[bandana][biker][bobby]
[elvis][elvis][elvis][evil2]
[gossip]Keeps me amused..
REDWING
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorRedwing..
Hehehehehe – something about us simple minds isn’t it!?
Cheers
C@34Our greatest weakness lies in giving up. The most certain way to succeed is to always try something one more time.
– Thomas Edison[agro3][angel][angry][
!][angry2][annoyed][anxious][^][argue][army][arrowhead][arty][axe][baby][bandana][beady][beatnik][biggrin][][bawl][bigeyes][bike2][biker][][blank][blink][blush]Far out!, I’m not even thru the ‘B’ listing! I should have known this before – put one of these in each post – would have used up to 395 so far!
…can’t stop, must keep going!
[blush2][bobby][bomb][bonjour][borg][bow][bucky][build][builder][buz][buz2][buz3], now for the ‘C’s……[mickey]Cheers
C@34Our greatest weakness lies in giving up. The most certain way to succeed is to always try something one more time.
– Thomas Edison
!][angry2][annoyed][anxious][^][argue][army][arrowhead][arty][axe][baby][bandana][beady][beatnik][biggrin][
][bawl][bigeyes][bike2][biker][
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