Articles and links. Discover a wealth of information about the role buyers agents play in the Adelaide property industry.
Purchasing a home is a big deal, and it can be a bit overwhelming. The last thing you want is to make costly mistakes that can haunt you in the future.
As Buyer’s Agents, it’s our job to help our clients avoid mistakes on their homebuying journey.
Here’s a list of 25 avoidable mistakes that buyers can make:
So there you have it, a comprehensive guide to avoiding the most common mistakes when buying a home. Remember, it's a journey, not a sprint. Take your time, do your homework, and you'll be on your way to home sweet home!
Thinking of Buying at Auction?Auction is a method of selling a property where interested buyers gather at a specified time and place to openly bid on the property. During an auction, a licensed auctioneer oversees the proceedings and facilitates the bidding process. The property is advertised in advance, and potential buyers are provided with relevant information, such as property details and necessary documentation. The auction itself can take place on-site at the property or in a designated auction venue, and is subject to specific terms and conditions set by the seller.
Bidders in a real estate auction make increasingly higher offers until the highest bid is reached, so long as it exceeds a predetermined reserve price. The highest bidder is then legally obligated to purchase the property, and required to sign a contract of sale and provide a deposit. Once a bid is beyond the reserve price, the seller must proceed with the sale.
Real estate auctions are known for their transparency and can result in a fair market price as buyers openly compete to secure the property. However, they also involve certain risks to buyers.
Auctions are a popular method for selling property in Australia for several reasons. Both sellers and the Sales Agent might prefer an auction because:
Fair and transparent
The bidding process is straight forward, and the property is sold to the highest bidder. You see what everyone else is bidding and there's no negotiations happening privately behind closed doors.
The market is there, and a new market value is set for everyone to see.
When you’re negotiating privately with an agent for a non-auction property, you never quite know if there are other buyers, how much they’ve actually offered and what their offer is subject to. All buyers are ‘flying blind’, and the agent isn’t able to tell them much.
No risk of being gazumped
Gazumping occurs when a seller accepts an offer on the property from one potential buyer, but then accepts a different offer from someone else before the contract is signed.
Auctions are legally binding on the seller, so once the hammer falls, if you’re the highest bidder the place is yours. It does not matter if the Sales Agent finds someone else willing to pay more the next day.
In a Private Treaty sale, unless you have a signed contract of sale, you can be gazumped anytime.
Fast
Auctions are substantially quicker than a long-drawn negotiation process that usually takes weeks.
You’re not nervously waiting for the agent to tell you if the seller has accepted your offer.
Market-determined price
Buying at auction gives you comfort for the future that you paid fair market value and weren't ripped off. At auction, the highest bidder pays just above the second highest bidder to secure the property.
Buyers' remorse can occur when you offered a record-breaking high price when negotiating privately with the Sales Agent because you’re not sure what the second highest offer was.
At auction, the market tells the seller the price, instead of the Sales Agent setting an arbitrary price during a ‘for sale’ campaign. The seller is protected by the reserve price, however the Sales Agent will manage the sellers expectation to ensure the reserve price is relatively reflective of market sentiment.
Negotiation continues if Auction is ‘held over’
If the reserve price is not met, the Auction is either ‘held over’, or ‘passed in’.
Sales Agents may or may not decide to continue further negotiations with potential buyers. If the auction is ‘held over’ and a deal is reached before midnight the same day as the auction, the contract is the same as if you bought it during the auction – ‘under auction conditions’.
You might get a reasonable deal
Since many buyers are hesitant to bid at auction, there can sometimes be fewer active buyers. When you’re up against less people, the final price of the property can be lower.
The seller is protected by the reserve price they choose, but if it’s not reached during the auction, immediately afterwards, and even until midnight that day, buyers can enter into negotiations with the Sales Agent, under auction conditions. Sales Agents will use the low market demand, and relisting marketing costs to suggest the seller lowers their price, which might result in a reasonable deal for you.
No Cooling-Off period
With a regular non-auction property sale (Private Treaty etc), as a standard consumer protection in South Australia, the buyer has a 2-business day cooling off period.
This right is forfeited for auctions, and the highest bidder when the hammer falls must proceed with the purchase.
There is no ability to change your mind, and there is significant legal complexity if you can’t proceed with the purchase for some reason.
Unconditional: no contract termination clauses or rights
At auction, you can access to the contract of sale and Form 1 before the Auction day. Clauses or terms that buyers might often include can’t usually be added, such as:
Effectively, you are buying the property ‘as is’, and if you win the auction, there is no ability to terminate the contract if you’re subsequently unable to obtain finance.
If there are any issues you’re unsatisfied with, after auction there’s nothing you can do. It’s critical you work closely with your Buyer’s Agent, building inspector and conveyancer prior to auction in order to:
Some Auctions can attract competitive bidding
In the ‘heat of the moment’, the following types of buyers can get carried away at auctions and pay unusually high prices:
It’s important to attend an auction with a walk-away price, which is determined by data from a real estate professional, and grounded in your personal financial capacity.
The Auctioneer and Sales Agent might employ high-pressure tactics
The entire purpose of an auction is to draw out the highest possible price from the market. Auctioneers and Sales Agents work for the seller, not for the buyer, and its their job and fiduciary responsibility to get the best price from you.
Always stick to your pre-determined walk-away price.
Your finance has to be dependable
When the hammer comes down at Auction, if you’re the highest bidder, you’ve bought the property and there’s no backing out.
If you are borrowing money to pay for the property, it’s critical that before you go to Auction, you’ve worked very closely with your mortgage broker or lender to be prepared. Ideally, you have a fully assessed pre-approval.
People buying at auction that rely on finance need to be particular careful if:
Learn more in our article about Pre-Approval.
You may pay for Building and Pest Inspections a few times
When you’re bidding at Auction, there’s certainly no guarantee you will be the highest bidder. However, you should be prepared to be the winning bidder, which means paying for a Building and Pest inspection prior to Auction. At $500-$800 per property, this can potentially cost you thousands before you win at an Auction.
The property can sell prior to Auction
You might have fully prepared for the Auction, having paid for a Building and Pest Inspection and spent hours evaluating the property. The agent then informs you the property has sold before Auction, just days prior to the scheduled time. This can be highly frustrating and does happen occasionally. It’s important you’re communicating with the Sales Agent regularly.
The deposit must be paid on auction day
If you win the auction, you must transfer the deposit stated in the contract of sale the day of the auction. You need access and facility to transfer that full amount in a single day.
Auctions can seem overwhelming and complex, but with the right team supporting you, Auctions are actually a transparent method of purchasing your next property. You’ll need to be more researched and prepared than submitting conditional offers during a Private Treaty negotiation, but you might actually face less competition at Auction, since they can scare off some buyers.
Embarking on the journey of purchasing a property can be an exciting yet complex endeavour, often accompanied by a myriad of industry-specific terms that might seem like a language of its own.
To demystify the real estate experience and empower property buyers with knowledge, we've compiled a comprehensive glossary of terms. Whether you're a first-time homebuyer or a seasoned investor, understanding the nuances of property-related lingo is crucial for making informed decisions throughout the buying process.
Agent: A licensed professional authorized to facilitate property sales or purchases. Otherwise known as, Sales Agent or Property Consultants.
Appraisal: An appointment or discussion with a Sales Agent to assess the value and sales process of a residential property. During an appraisal, agents may suggest strategies to enhance property value, such as updates or renovations.
Auction: A public sale conducted by an auctioneer, typically (but not always) at the property, where the highest bidder acquires the property once it reaches the reserve.
Auctioneer: A licensed professional conducting an auction. The auctioneer may be the listing agent or a separate licenced agent.
Auction conditions: This generic terms generally refers to there being no cooling off period for buyers when purchasing at auction. Other conditions, such as subject to finance, are also not present in auction sale contracts.
Bidder registration: A buyer or their proxy (representative bidding on their behalf) must be registered with the sales agent to legally submit bids at Auction.
Building Inspection: An examination by an independent party to investigate the property condition and check compliance and safety. Usually done within the 48-hour cooling-off period or before an auction.
Buyer’s Agent: A licensed professional engaged by and paid for by a buyer to represent them in negotiations with a vendor or their agent.
Buyers’ Market: A market trend where prices are lower, primarily due to abundant property availability, benefiting buyers.
Buyer Manager: A role within some agencies managing a database of active buyers, matching them with properties. This service, not paid for by the buyer, lacks a legal relationship and is not comparable to the services of a Buyer’s Agent.
Capital Gain: The increase in the value of a capital asset upon sale, occurring when the selling price surpasses the original purchase price.
Capital Gains Tax: Tax payable on capital gains from the sale of an investment property. Refer to current Australian Taxation Office (ATO) requirements.
Caveat: The instrument by which a person who claims an equitable estate or interest in land may prevent the registration of any dealing with the land or a registered interest in the land - eg a caveat may be lodged against the registered proprietor of land, or the mortgagee of a registered mortgage, or the lessee of a registered lease.
Conditional offer: Submitting an offer that requires the contract of sale be written with conditions that must be met, in order for the sale to proceed. Conditions requested by the buyer are often ‘subject to finance’ or ‘subject to building inspection’.
Commission: A fee paid to an agent for services, typically a percentage of the contract amount as specified in the sales agency agreement. Buyers Agents can also charge a commission fee structure instead of flat-fee.
Community Title: A community title is evidence of ownership of a lot in a community plan. There are two types of community titles depending on the nature of the scheme, which can be a Community Scheme or a Community Strata Scheme. Community Scheme lot boundaries are determined by surveyed land (the physical boundary of the land, for example the fence). In a Community Strata Scheme the lot boundaries must be defined by reference to parts of the building, similar to a strata title. For example, the edge of the building wall for a block of units. Both types of schemes must have an area of common property for which the Corporation is responsible.
Contract Of Sale: A legal agreement formalizing the terms and conditions of property sale.
Conveyancer: A registered conveyancer is a licensed person qualified to advise and prepare documentation pertaining to property transactions.
Cooling Off Period: A short statutory period after a contract is made, allowing the buyer to terminate the agreement within 2 clear business days for any reason, except in the case of auctions.
Counteroffer: A new offer made in response to a prior offer that was not accepted, proposing different price or terms.
Deposit: A monetary commitment by the buyer, usually a percentage of the total sales price, potentially paid in installments at the end of the cooling-off period or per the auction contract.
Development Approval: Approval from the relevant planning authority to alter or construct a property.
Due Diligence: Investigation before a real estate transaction, encompassing legal, financial, and physical assessments. This includes reviewing property titles, conducting financial analyses, and inspecting the property's physical condition. The process aims to identify potential risks, ensure legal compliance, and provide the buyer with comprehensive information for informed decision-making.
Easement: The right to use another's land or prevent the owner from using it in a specific manner.
Encumbrance: Frequently, an encumbrance will contain restrictive covenants aimed at controlling the future use or development of the land. In the generic sense, a claim, lien or liability attached to the land, including a mortgage, lease and warrant of sale.
Emergency services levy: (ESL) a charge imposed on property owners to fund essential emergency services such as fire and ambulance services, collected annually by local councils.
Equity: The interest or value an owner holds in an asset beyond the debt against it.
Expressions of Interest: a method of sale where potential buyers are invited to submit written offers or expressions of their interest in purchasing a property. Unlike traditional methods with an advertised price or auction, EOI allows buyers to propose the price and terms they are willing to pay. The seller then reviews the received expressions of interest and may negotiate with prospective buyers to finalise a sale.
Form 1: A required document disclosing property particulars and cooling-off rights, usually prepared by the conveyancer and provided to buyers.
Form 3: A document waiving cooling-off rights, signed in front of a solicitor.
Form R3: A buyer education document created by the government and supplied by Sales Agents to inform buyers of things they should investigate prior to purchasing a property.
Form R4: A buyer education document created by the government and supplied by Sales Agents to all registered bidders at Auction, educating the buyer on Auction process and requirements.
Form R5: A buyer education document created by the government and supplied by Sales Agents to all registered bidders at Auction, educating the buyer on Collusive Practices at Auction.
Holding Over: At auction, if the highest bid has not met the reserve price, an Auctioneer may ‘hold over’ a property over, which means the auction is effectively paused. If the seller and buyer can agree to a price before midnight on the auction day, then the property can still be sold under auction conditions.
Land Agent: The licencing term for a registered real estate professional.
Land Tax: An annual tax paid to the state government based on property value. Exemptions apply that reduce this cost for many households.
Land Services SA: An Australian company that manages the Property Title Registry and Valuation Roll, appointed by the SA State Government with respect to land services.
Listing: An agent’s instruction to sell or lease real estate.
Market Price: The actual price paid for an asset, agreed upon in a contract.
Market Value: An estimate of a property's value on the date of valuation.
Mortgage: Documentation of a property loan.
Mortgagee: Financier or bank lending money against property as security.
Mortgagee Sale: A property sale due to default in mortgage payments.
Offer: Consideration offered to purchase a property.
Off-market: Property available for purchase without public advertising. Not to be confused with a pre-market property.
Open Inspection: scheduled period during which a property that is available for sale is open to the public for viewing. It allows potential buyers or tenants to visit the property, explore its features, and assess its suitability.
Passed-In: At an auction, if the highest bid falls short of the reserve price, the property can be 'passed-in,' indicating that it hasn't been successfully sold during the auction, and the auction has ended. The parties can still continue to negotiate.
Pre-approval: A lender's agreement to loan a particular amount, pending final approval. There are many different levels of pre-approval, some being automatically completed by computer, others being fully assessed by a loan officer.
Pre-market: A property available for sale, that hasn’t yet been widely advertised, but is intended for public advertisement.
Principal: A licensed estate agent overseeing an agency’s legislative compliance.
Private sale: Vendor sells property without an agent.
Private Treaty Sale: A sale negotiated directly between parties or their agents.
Public Auction Terms: A legal document outlining the terms and conditions that apply to purchasing a property at Auction.
Rates: Periodic property taxes levied by local governments. May also refer to ‘water rates’, which are fees levied by SA Water for provision of sewer and water supply or use.
Reserve: The minimum price a vendor agrees to accept at an auction.
Seller’s Market: A market trend where prices are high due to limited property availability, benefiting sellers.
Settlement: The final stage of a sale when a buyer completes payment to the vendor, titles change, and the buyer takes legal possession.
Sole Agency Agreement: An agreement appointing a single agent to sell a property, entitling the agent to commission even if another agent or the vendor makes the sale.
Stamp Duty: State government tax on sales contracts.
STCC (Subject to council consent): A disclaimer indicating potential property changes requiring council approval, such as renovations, extensions, building or subdivision.
Strata: Legal ownership handling of a portion of a building or land. Since 1 June 2009, it has not been possible to deposit new strata plans under the Strata Titles Act 1988 (SA). New divisions now use the Community Titles Act 1996 (SA). Strata corporations existing at 1 June 2009 were not affected by the change and are still regulated under the Strata Titles Act.
Subdivision: The legal process of changing the land allotment, generally by dividing it into more parcels of land that have their own, new title.
Torrens Title: Ownership of land and building solely, registered with the Titles Office.
Trust Account: Legislatively required account holding monies for or on behalf of another person. Buyers will transfer a purchase deposit into the sales agency trust account.
Unconditional offer: An offer without any other conditions. For example, if the offer is subject to finance, or a building inspection, then it is not unconditional.
Under contract: When both parties agree to a contract but conditions are not met yet.
Valuation: An estimate of an asset's value, often part of the loan approval process.
Valuer: A licensed professional conducting property valuations. Note, this is different to an Appraisal, which is a market estimate.
Variation: An alteration to a contract or its conditions.
Vendor: Legal owners of a property for sale in real estate transactions, otherwise known as the sellers.
Zone: designated land-use category within a specific area, as defined by planning regulations, to categorise land for different purposes, such as residential, commercial and industrial, influencing the type of structures that can be built and the activities allowed on the property.
https://www.revenuesa.sa.gov.au/stampduty/calculate-stamp-duty
https://www.education.sa.gov.au/parents-and-families/enrol-school-or-preschool/find-a-school-zone-or-preschool-catchment-area
https://www.sa.gov.au/topics/housing/planning-and-property/property-transfer-fee-calculator
https://www.realestate.com.au/lifestyle/renovation-calculator/
https://www.revenuesa.sa.gov.au/taxpayer-stories/first-home-buyer
https://www.revenuesa.sa.gov.au/homebuilder
https://www.revenuesa.sa.gov.au/FHOG
https://www.nhfic.gov.au/support-buy-home/first-home-guarantee
https://shanty.au/
https://www.property.com.au
https://www.banksa.com.au/personal/home-loans/home-loan-calculators/loan-repayment-calculator