cimWell if you haven't already done so;
We usually send our clients ALL the required 'wet-ink' paperwork with our initial postal package. Sometimes we need to allow for the other party to complete certain forms first, so thanks for your patience and understanding if you receive more than one form requiring 'wet-ink' execution.
That Loan Amount on the Unconditional/Formal approval is usually NOT the exact amount your lender will make Available as Funds (aka funds your lender will bring) for Settlement.
The Lender will usually take their fees and costs out of that approved Loan Amount this effectively reduces the Available Funds at settlement. Which may mean that the Buyer might have a 'Client contribution', or 'Funds to complete', or sometimes misnamed as additional 'Deposit' (Deposit as defined under your contract is to be held by the Deposit Stakeholder).
So if there is a 'Client Contribution', then best become aware of the expected difference on the required balance you will need Contribute towards settlement.
We often are not advised of the exact amount the lender will bring to Settlement, till much closer to settlement -often not till morning of settleemnt. However your broker/banker who setup the loan would have the best idea of that amount, and will have usually calculated to some best efforts the amount you will need to contribute. So the next query;
However some lenders / circumstances will not cater for that, in which case our trust account for your contribution is the only other way, these deposits normally take the banks upto three (3) business days to clear those funds. There is a quicker process referred to as Real Time Gross Settlement (RTGS) which allows for funds to be cleared usually by same or at least next business day- if beating for the transferring bank cut-off.
Attend to conditions especially before any expire. ie Termite or Building Inspections, due diligence clause, etc.. and confirm with both the Real Estate Agent and also A1 Conveyancing, once done.
Sellers; Make Sure that your Discharge Authority has been completed and A1 Conveyancing have been sent a copy.
Complete and obligations under your contract and confirm with both the Real Estate Agent and also A1 Conveyancing, once done.
You might be exempt from the electrical and smoke alarm safety requirements...
DMIRS Bulletin #78
Smoke alarms in dwellings proposed for demolition
Western Australia’s Building Regulations 2012 require owners of residential dwellings to have compliant smoke alarms installed prior to the sale, transfer of ownership, rent or hire of the dwelling.
Changes to the Regulations that come into effect on 22 January 2018 provide an exemption for owners who are transferring ownership to a person intending to demolish the dwelling.
This means the current owner of a dwelling that is subject to transfer of ownership may choose not to install smoke alarms if the new owner has provided a declaration of intended demolition to the current owner before the transfer of ownership.
Bulletin can be view HERE
What you need to know:
Changing the business mindset from Boomer property consumer to Millennial property consumer, is here, Don't lose sleep, this article might be of assistance.
Conveyancers - are you meeting the needs of your Millennial clients? By Bek Hayes, CEO AICSA
One of the largest generations in history is about to move into its prime spending years. Millennials are poised to reshape the economy; their unique experiences will change the way we buy and sell, forcing companies to examine how they do business for decades to come.
What keeps you up at night? For me, one of my biggest concerns is the impact of the Millennial generation on the Baby Boomer formed Association. Running an Association, meeting Member expectations, keeping it relevant, alive, innovative is no easy task – although I love a good challenge and I definitely have one!
The ‘modern’ Association was set up by Boomers for Boomers – and they are a world away from the digital native Millennials. Taking the Association into the future means significant change and change away from the post-WW2 model we are so familiar and comfortable with. Technology has driven change; the millennial generation is the first to have grown up in an always on fully digital world. Their passion for technology shapes the way they live and shop. They live and work by their smart device – the world has shrunk as social media platforms have expanded.
Another successful middle-man-scam in WA- this time on payment of Contract Deposit to Real Estate office…
Would suggest clients ‘Call to verify (only on the known public listed office number -not the one presented in the email-could be altered) before they transfer funds’…
"Another Settlement Agent Posted 1 hr
Another successful hacking! :-(
My client received an email from the Real Estate Agent to transfer the deposit pursuant to the Contract of Sale. Shortly thereafter he received a follow-up email changing the account name and number and unfortunately acted on the second email.
He transferred the 20k deposit as requested and sent a screenshot immediately thereafter to the REA, who unfortunately didn't notice the inconsistencies with the account number or title.
Several days later the REA followed up the deposit with the Buyer and at that point it became apparent that the Buyer had sadly been duped.
The REA (large organisation) contacted their IT Dept. and they feel certain that the breach didn't occur at their end, but feel that it is likely that it occurred via the clients Hotmail account. I'm certainly no expert so I wouldn't have a clue.
The matter was referred to the WAPOL for investigation and the receiving bank have notified, but sadly the funds had already been transferred out of the account. The bank in question have advised that it was a legitimate account. Whether the client has any recourse is currently being investigated, but that will probably take some time to remedy, if at all possible.
We have contacted the REA and their preferred settlement agent and suggested that they consider modifying their practices as most, if not all, settlement agents have already done. They are taking that under advisement.
If you or your organisation have REA's that you are affiliated with, or receive regular work from, you may wish to suggest to them that they also cease to provide trust account details via email to avoid a repeat of this unfortunate incident. :-("
Also worth looking at the options of obtaining BPAY for clients to make payments. At least till the National Payment Platform is ready!
If you suspect your internet browsing systems could get compromised, Bankvault Safe window product is worth ~$199 per year.
Another electronic funds transfer fraud has occurred whereby a client has been emailed by a person they have believed to be their conveyancer.
Otherwise known as “spoofing” the client has assumed the email to be legitimate and has followed instructions to transfer funds.
AICWA recommend all members undertake the following:
Source: AICWA e-alert 3/11/17
Phishing is an attempt to scam or deceive you into disclosing personal and financial information in an email or online. A hoax email may look like it was sent from a reputable organisation, and may ask you to disclose personal information via return email or by clicking a link. These emails often look genuine, copying a company's branding and email layout, and using an address that's very similar to the real company's URL.
Hoax emails may:
Keep me updated, join us here...