All Topics / Help Needed! / Letter of Offer

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  • Profile photo of CootaCoota
    Participant
    @coota
    Join Date: 2012
    Post Count: 49

    Have emailed a letter of offer to an agent  for x dollars which is valid until 5pm Jan 30th,true to form agent has come back with reply below

    We will need to provide your offer to the vendors for their consideration as it is below asking price.

    In order for your offer to be given the very best chance of acceptance we suggest presenting it in a signed contract of sale accompanied by a cheque.

    Now am I correct that this would only give me a 3 day cooling off period once this has been signed?

    I was thinking of offering say a $2,000 holding deposit until building inspection,finance approval and bank valuation has been completed as I don't want to go unconditional until this has been all completed which of course will take longer than the 3 day cooling off period.

    Am I on the right track?

    Appreciate any feedback

    Michael

    Profile photo of RPIRPI
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    @rpi
    Join Date: 2012
    Post Count: 308

    Hi Michael

    Which state.  There are very different systems in each.

    Regards

    RPI | Certus Legal Group / PRO Town Planners
    http://www.certuslegal.com.au
    Email Me | Phone Me

    Property Lawyer & Town Planner

    Profile photo of Jacqui MiddletonJacqui Middleton
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    @jacm
    Join Date: 2009
    Post Count: 2,539

    Wow a $2000 holding deposit is very generous.  $500 would be more than ample.

    Jacqui Middleton | Middleton Buyers Advocates
    http://www.middletonbuyersadvocates.com.au
    Email Me | Phone Me

    VIC Buyers' Agents for investors, home buyers & SMSFs.

    Profile photo of jmsracheljmsrachel
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    @jmsrachel
    Join Date: 2012
    Post Count: 711

    They do it to me all the time! I tell them to get stuffed, If i wasn't serious  in purchasing the property i wouldn't be wasting my time making an offer.

    Profile photo of CootaCoota
    Participant
    @coota
    Join Date: 2012
    Post Count: 49

    Sorry all property is in Melbourne

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

    Michael yes you are on the right track.

    Get your broker to order the valuation up front and then at least you can see whether your offer is within the ball park.

    We did one for a Melbourne forum client last Wednesday which came in at $385,000 and the client offered $365,000 and had the contract accepted.

    Admitedly the valuers report will now be changed to reflect the lower purchase price but the buyers knows he has inbuilt equity from day 1.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

    Profile photo of jmsracheljmsrachel
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    @jmsrachel
    Join Date: 2012
    Post Count: 711

    Richard, just out of interest why would the valuers report be changed to the lower price?

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213
    Coota wrote:
    Have emailed a letter of offer to an agent  for x dollars which is valid until 5pm Jan 30th,true to form agent has come back with reply below

    We will need to provide your offer to the vendors for their consideration as it is below asking price.

    In order for your offer to be given the very best chance of acceptance we suggest presenting it in a signed contract of sale accompanied by a cheque.

    Now am I correct that this would only give me a 3 day cooling off period once this has been signed?

    I was thinking of offering say a $2,000 holding deposit until building inspection,finance approval and bank valuation has been completed as I don't want to go unconditional until this has been all completed which of course will take longer than the 3 day cooling off period.

    Am I on the right track?

    Appreciate any feedback

    Michael

    This is a vague offer as all the terms are not included. An agreement to agree maybe.

    Having a proper signed contract submitted would make it a serious offer – but if accepted you would be locked in to a contract so seek advice.

    You can also agree on many htings such as extending the cooling off period or having it subject to finance. Get your lawyer to add some clauses before you make your offer.

    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 wilko1wilko1
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    @wilko1
    Join Date: 2010
    Post Count: 510
    jmsrachel wrote:
    Richard, just out of interest why would the valuers report be changed to the lower price?

    The bank would go with the contract price and not valuers valuation. He could of bought extremely undervalue say paid 300k for a house that gets valued at 400k. The bank would go that is nice heres your loan for 300k.

    But if he knew he bought undervalued he might be able to wait a few months, not sure what the minimum is 3 months, 6 months time even 1 year and go refinance with another bank. New bank would value at 400k and he could refinance out his own equity if he wanted to.

    Profile photo of CootaCoota
    Participant
    @coota
    Join Date: 2012
    Post Count: 49

    Terry for the purpose of the post I didn't put in all the detail that I included in my Letter of Offer to the agent which of course included-finance approval,building inspection,bank valuation,settlement of 30 days and offer expiry of 2 business days.

    As has been mentioned in this post its just frustrating that agents think you can be bullied into signing a contract and that the offer is close to vendors asking price also so the agent can see I am making a very genuine offer

    Michael

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