All Topics / Help Needed! / Have i made the right decision? very nervous….exchange of contracts before final finance approval.

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  • Profile photo of mimimiamimimia
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    @mimimia
    Join Date: 2008
    Post Count: 8

    Hi All!
    My husband and i just exchanged contracts on a 2 bedroom unit in the Eastern Suburbs of Sydney.We settled on $560 000 and waived our cooling off period-we are serious buyers and there are no problems with the unit. However, we have one thing which makes me question my decision….we have pre approval of $420 000 with CBA. We only need finance of $360 000 which my mortgage broker is processing now.I exchanged contracts before getting final approval of finance with the advice of my mortgage broker who assured me that i would get it 100%. The bank has requested a valuation inspection as part of approval.What happens if the valuer decides i have paid too much? what if they dont approve my finance? Do you think they will approve my finance? Is this normal practice to exchange before getting full approval of finance? Because i have waived my cooling off period what should i do in worst case senario-i dont get full approval of finance?
    I can feel the grey hairs….worry worry worry…..:-)
    regards
    Mia

    Profile photo of herbpetersonherbpeterson
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    @herbpeterson
    Join Date: 2008
    Post Count: 10

    Was the contract subject to finance approval?

    Profile photo of newbi2newbi2
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    @newbi2
    Join Date: 2008
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    Oh dear, if you have waived you cooling off period and are unable to secure finance, my understanding is you would be in default unless you make some alternate arangement with the vendor. The fact that you have waived your cooling off also suggests that you did not have a finance clause in your contract. (Actually, in NSW that seems to be being actively discouraged by solicitors at the moment. I am noticing more instructing their clients to keep it on the market until the contract can be signed unconditionally, well at least in my regional area.)

     If it falls over, you may need to look at another lender. Be proactive in chasing your approval so that you have time to look elsewhere if you need to. If your contract isnt settled by the due date, you will be up for penelty rates which are listed on the contract, but these shouldnt be much higher than interest rates so if thats what you need to do then so be it. Try and keep the vendor in the loop if it is cutting it fine, as they may then be less inclined to impose the penalties and may grant you a little more time to get you finance.

    I do hope you get your finance approved and all goes well.

    All the best
    Mick

    Profile photo of mimimiamimimia
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    @mimimia
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    Thanks Mick,that eases my mind a little,i am fairly confident il get finance one way or another but the rigmarole scares me.I was inclined to wait until i had approved finance but i was advised by my broker to exchange-that these things are standard practice.Im a fairly conservative decision maker so was hesitant.Lets see how it goes…..i never know who to trust in these situations.

    Profile photo of Boshy888Boshy888
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    @boshy888
    Join Date: 2007
    Post Count: 154

    I ditto  what Mick said.  You have a $60K margin so it should be ok.  The banks are very slow at processing loan apps at the moment so just make sure your broker doesn't let things lag.  Let us know how you go.

    Profile photo of Richard TaylorRichard Taylor
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    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Did you or your Broker not undertake a private valuation before proceeding to Contract f not i think you ave been badly advised.

    Would never say to a client in the current market to go unconditional purely on a pre-approval especially from the CBA who are notorious in down valuaing their properties to redce the LVR's.

    Also find the CBA a strange choce for a PPOR as they dont have a fully transactional 10% offset account but i guess they do stil pay overrde commssion so maybe that was the reason for the Brokers recommendation.

    Obviously i hope the deal goes thru for you but stil think the decision to go unconditional without a valuation is unwise.
      

    Richard Taylor | Australia's leading private lender

    Profile photo of TerrywTerryw
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    @terryw
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    Hi Mia

    I don't want to alarm you, but you have done a very dangerous thing.

    You are locked into a contract when you are not sure if you have a loan. I would never advise my clients to exchange until you have full approval in writing. Usually things are ok, but with pre-approvals banks often do only very preliminary checks. Various problems can pop up and sometimes finance is not approved.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Boshy888Boshy888
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    @boshy888
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    Terry and Richard – what do you suggest Mia do now?  I am sure you are right but as she has already exchanged and is anxious about that decision, what course of action do you think she take besides waiting and hoping?

    Profile photo of TerrywTerryw
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    @terryw
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    There is nothing she can do but hope. If it isn't approved, she should find out why, and then go to another bank, or 2 depending on time.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Tony BTony B
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    @tony-b
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    Mia
    Im sure when your are playing with that sort of money, you took the contract to your solicitor first, I feel you did not, because they would have advised you to go subject to finance.  As the purchase is subject to finance.  The above comment are all good ones. When a brocker tells you to go unconditional on a contract and they have not approved you finance yet, I would be asking why. Valuation my be a concern as mentioned some of the valuations are not comming up the the price paid. 

    Any way  you cant undo what you have done, if the finance falls over with that broker, give them a peice of your mind. And start looking for the money fast as you can.   Im sure you will be fine.

    Best of luck.

    T……………

    Profile photo of mimimiamimimia
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    @mimimia
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    Ok guys,ive got to say a HUGE thankyou first of all,i got on to my solicitor this morning and the emailed the real estate agent last night and reversed my decision to exchange-the contract is still in transit in the post (thank God).
    My first decision was to tell them to go to hell-we will wait for finance,then my broker strongly advised me to go ahead,so,stupidly i did.Lesson learned….
    We did go to a solicitor first of course- we needed strata reports etc and she only said that the decision is up to us,i feel we are getting bad advice from all fronts and that this little situation has illuminated that for us :-(. Thank goodness for propertyinvestor.com.
    However,T…. i will be giving my Broker a peice of my mind,as well as my solicitor and the real estate agent.
    Also,because i may be dropping my broker like a hot stone-what financial group is giving the best deal at present?
    We have a deposit of $220 000 and are looking to borrow around <$380 000.Variable essential,normal doc loan?
    Also,what is an LVR?

    MANY thanks
    Mia

    Profile photo of Boshy888Boshy888
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    @boshy888
    Join Date: 2007
    Post Count: 154

    Hi Mia

    Sounds like you are experiencing the same things as me.  My broker said to exchange before we got the final approval although it was approved in principal.  And yes, the contract was unconditional. 
    I was told I should trust them but … I just couldn't and have not yet exchanged. My conveyancing isn't very concerned about things either and my partner and I feel as though the only people looking after us, is us.  The bank is taking its sweet time (tap, tap, tap) and the real estate agent is pressuring us to exchange but seeing as we would be the only ones out of pocket if it all goes pear shaped we simply refuse to proceed until finances are guaranteed.

    Great to hear you were able to reverse your decision in the nick of time.  You'll be able to sleep a little better tonight. 

    Profile photo of mimimiamimimia
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    @mimimia
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    Post Count: 8

    Thanks Boshy,what a nightmare! but it all turns out good because now i have the real estate agent calling me at 7.45pm wanting to 'just ask a question',im avoiding his calls as there is nothing for us to say to each other-it is all in the hands of solicitors. I am eagerly awaiting valuation now because im sure they will undervalue the property,i have spoken to another MB and she said CBA are notorious for doing so,in which case we will adjust our contract to $25 000- $20 000 less :-) and start the whole game again,and in the meantime keep looking at other units and making offers there. If they say no to our lower offers then BYE BYE give us our deposit back,and the real estate agent also looks like the uncouth,unprofessional he is. Weeeee! NOW we playing the real estate game!
    Good luck to you,when it comes to money noone is your friend.Play hard-ball.

    Profile photo of herbpetersonherbpeterson
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    @herbpeterson
    Join Date: 2008
    Post Count: 10

    "and waived our cooling off period-we are serious buyers and there are no problems with the unit. However, we have one thing which makes me question my decision….we have pre approval of $420 000 with CBA. We only need finance of $360 000 which my mortgage broker is processing now.I exchanged contracts before getting final approval of finance with the advice of my mortgage broker"

    "My first decision was to tell them to go to hell-we will wait for finance,then my broker strongly advised me to go ahead,so,stupidly i did."

    Thats like wiping your butt before you go. You can do it, but it just don't make any sense.


    ",and the real estate agent also looks like the uncouth,unprofessional he is."

    Why blame the realestate agent,? He /She didn't sign unconditionally. You should have had this put in the contract yourself, if you wanted this protection.

    Are you going to be the landlord of this property if it succeeds?

    LVR  = Loan to value ratio.

    Profile photo of mimimiamimimia
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    @mimimia
    Join Date: 2008
    Post Count: 8

    Thanks Herb for your feedback,no need to highlight,i came here because i realised(before it was too late) i had made a bad decision.
    What you don't know is that i was strongly advised by a trusted professional who is friends of the family to go unconditional on my loan.Also, the real estate agent who im dealing with has been instructed by mail by both the vendor and my solicitor because he has been harrassing me and my husband and nearly lost us as buyers and has actually lost previous buyers of this property due to his behaviour.Calls to me at 7.45am to urge me to go to my solicitor that morning even though we told him i couldnt make it for 4 days,calling me on sunday afternoons to call his vendor a 'cocksucker'  and an '85year old aresehole' for not wanting a strata inspection,abusing my solicitor verbally on the phone for insisting on a strata inspection even though there was one done just 2 months prior.Maybe you think this behaviour is ok judging from what you wrote to me?
    Unlike you herb, im not  "a new investor" i have got 2 other properties and have never had this experience before,i have also used the same solicitor and broker so both are trusted.I have been very successful and happy with my dealings with all these people. But not anymore.
    Also,i never blamed the real estate agent or anyone else for my decision,i blamed only myself.But thanks again for highlighting the STUPID bit.
    May i remind you that this forum is supposed to be a place of support and advice…so forget about giving me your thoughts unless it is going to be anything but that THANKS.

     

    Profile photo of herbpetersonherbpeterson
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    @herbpeterson
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    mimimia,

    Respectfully, You asked some questions regarding this transaction, I replyed with a question in order to see what the details of the contract were, in order to try to help you.

    "What you don't know is that i was strongly advised by a trusted professional who is friends of the family to go unconditional on my loan.Also, the real estate agent who im dealing with has been instructed by mail by both the vendor and my solicitor because he has been harrassing me and my husband and nearly lost us as buyers and has actually lost previous buyers of this property due to his behaviour.Calls to me at 7.45am to urge me to go to my solicitor that morning even though we told him i couldnt make it for 4 days,calling me on sunday afternoons to call his vendor a 'cocksucker'  and an '85year old aresehole' for not wanting a strata inspection,abusing my solicitor verbally on the phone for insisting on a strata inspection even though there was one done just 2 months prior.Maybe you think this behaviour is ok judging from what you wrote to me? How could I think this behavior is Acceptable if its "What I dont Know"?
    Unlike you herb, im not  "a new investor"Where did you get this information from? i have got 2 other properties and have never had this experience before, Were the other purchases cash buys or financed? If financed were they subject to finance approval clauses?i have also used the same solicitor and broker so both are trusted.??I have been very successful and happy with my dealings with all these people. But not anymore.
    Also,i never blamed the real estate agent or anyone else for my decision,i blamed only myself.But thanks again for highlighting the STUPID bit.
    May i remind you that this forum is supposed to be a place of support and advice…so forget about giving me your thoughts unless it is going to be anything but that THANKS".

     I Asked my question as the first reply,obviously not what you wanted to hear, as no response, in order to "support and advise".

    I wish you well and I hope you get it sorted.

    Herb.

     

    Profile photo of mimimiamimimia
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    @mimimia
    Join Date: 2008
    Post Count: 8

    Thanks for your response Herb,i read your previous post last December when you were going to buy in Nerang and  you said yourself you are a new investor. That doesn't mean when you have been through this process you can't still make mistakes or that you deserve disrespect for making what can be an exremely difficult decision. Poor Boshy has had the same treatment as me.
    I purchased both other properties with finance,but both contracts and this one were vastly different in their conditions to the others.My other ones were subject to financial approval but my last property had a vendor that was so relaxed about the whole situation,there is nothing 'usual' or 'normal' about contracts.
    Therefore noone really has this right to comment on 'what they don't know' do they? i never asked anyone to pass judgement on my RA,the jibe was my own opinion.
    Your question was not answered directly because i had a ream of advice from all of the lovely people on this link that satisfied my requirements i.e i was justified in my worry.
    So to the people who spared their time and thoughts….Thank You.
    Il let you know how i go.

    Profile photo of herbpetersonherbpeterson
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    @herbpeterson
    Join Date: 2008
    Post Count: 10

    "Thanks for your response Herb,i read your previous post last December when you were going to buy in Nerang and  you said yourself you are a new investor.Your question was a contractual question….not an investing one. That doesn't mean when you have been through this process you can't still make mistakes or that you deserve disrespect for making what can be an exremely difficult decision. Poor Boshy has had the same treatment as me.
    I purchased both other properties with finance,but both contracts and this one were vastly different in their conditions to the others.My other ones were subject to financial approval but my last property had a vendor that was so relaxed about the whole situation,there is nothing 'usual' or 'normal' about contracts.
    Therefore noone really has this right to comment on 'what they don't know' do they? i never asked anyone to pass judgement on my RA,the jibe was my own opinion.
    Your question was not answered directly because i had a ream of advice from all of the lovely people on this link that satisfied my requirements i.e i was justified in my worry.
    So to the people who spared their time and thoughts….Thank You.
    Il let you know how i go".

    Profile photo of YossarianYossarian
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    @yossarian
    Join Date: 2006
    Post Count: 136

    The best way to start learning from your mistakes is to accept, in the first instance, that they were *your* mistakes.

    Hope it works out.

    Profile photo of Tony BTony B
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    @tony-b
    Join Date: 2008
    Post Count: 130

    Mia   et al

    I think this highlights the importance and necessity of the legal profession. Having someone in your corner to throw a punch and be able to back it up is a great feeling when things go pair shaped.  Sometime things don't go as planned and people get emotional, stressed & frustrated. All normal stuff. However, as mentioned you are spending your money so you are the boss, not the broker, vendor or agent.  When I get a contract Im interested in I go to the solicitor (poor basted I know his is sick of me by now) and I do my best to make sure it 100%.  If there is something I want in the term & conditions we put it in. That's what the T & Cs is for your money your offer your conditions. 

    I in the passed used to go unconditional & 30 days, but the vendor is more concerned with the price not the terms.  The agents bully tactics and other poor behavior are sad don't take it personally its the nature of the beast.  Rule number one protect yourself.   Good luck to you,when it comes to money noone is your friend.Play hard-ball.

    Mia I dont know what state your in but in Vic. if you make a second offer (new contract) for the same place you dont get a cooling off period.
    All the best hope thing go your way and you come out better off.

    Cheers
    T……………….

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