All Topics / Help Needed! / Long Settlement

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  • Profile photo of MacphersonMacpherson
    Participant
    @jimmymac
    Join Date: 2015
    Post Count: 2

    Help please!
    I have a house for sale and I have a prospect wanting to place a contract on it for the asking price. However he is going through a divorce and has asked for a long settlement and in the mean time he pay market rent (420pw) on a 12 month lease.
    He was looking at 21 days finance but my bank said it was not worth the paper it was written on as NK bank would lend with a 9 month window. He is offering $10k deposit. My real estate seem to think it is a genuine proposition
    I have not had heaps of interest in the place and was going to rent it out anyway at ($420)
    It’s a bit of a long shot but better than where I was a week ago.
    Thoughts please

    Profile photo of aussieguy2000aussieguy2000
    Participant
    @aussieguy2000
    Join Date: 2010
    Post Count: 81

    At best you sell the house in the long term and get a tenant for the short term if that is what you were intending to do anyway, it’s a bonus, perhaps it might be worth having the agent manage the property to keep the separation, and get checks to make sure he is going to be a suitable tenant.

    I am assuming your bank meant that he could not secure finance this early for the property, so if it had a subject to finance clause for a long term than in 9 months time if he can’t secure finance the sale falls though. He probably just has to wait for the proceeds of sale or transfer of his existing property, so it is something you have to decide on.

    As long as a formal sale contract is finalised you should have a claim for some costs, though this could also be a headache to go through court if it gets to that so is it worth it?

    One final thing I can suggest is to find out more information on why he wants the long settlement, if it is due to a pending transfer from his marriage breakdown, perhaps suggesting a “sunset clause” could be a better option. Essentially this allows you as the seller to continue to take offers on the property whilst it is under contract, and the buyer isn’t locked into buying until his other property settlement is completed. In the event you get a suitable offer or better offer (if the price goes up over 6 months you may get a better offer), you simply give notice to terminate the contract and the first buyer has the days stipulated (3 or so) to go unconditional on the contract or forfeit the property.

    Then you can simply tenant the property as a separate matter from the first sale contract to him if he so wishes, but if you do get an offer the following week, it is now with a 12 month lease, so you cannot sell it with vacant possession.

    Profile photo of Corey BattCorey Batt
    Participant
    @cjaysa
    Join Date: 2012
    Post Count: 1,010

    If you are happy with the long settlement window, take it on as an unconditional contract (no finance). If he doesn’t complete, you keep the 10k. Issue being you have to pay the agent in the meantime.

    9 months is quite a while, I’d want 10% deposit to take on such a long length at a minimum.

    If you do go down this path and he rents the property, be sure to draw up a proper lease agreement and have an agent manage the property – the last thing you want is the guy to think the houses is now ‘his’ and damage the value of your asset, only to pull out before the 9 month settlement date.

    Corey Batt | Precision Funding
    http://www.precisionfunding.com.au
    Email Me | Phone Me

    Investment Focused Finance Strategist - servicing Australia-wide

    Profile photo of MacphersonMacpherson
    Participant
    @jimmymac
    Join Date: 2015
    Post Count: 2

    Thanks for your input
    I have seen my solicitor today and he has advised to run a million miles from it!

    Appreciate your help though- onwards and upwards hopefully get a normal contract shortly!

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