Three common ways to buy an established property
1. Auctions
A real estate auction is a public sale of property, advertised at a specific place and time.
Auctions are governed by strict rules which are explained at the start and usually overseen by a real estate agent acting as an auctioneer. People who want to buy the property place bids, and the property is offered to the highest bidder at the seller’s discretion.
It is recommended that you conduct comprehensive due diligence before bidding.
- Due diligence means inspecting all different aspects of the property, including the physical attributes as discussed in the previous section.
- Beyond the inspecting the physical attributes, due diligence can include conducting property valuations, checking the property boundaries are correct and checking the title for any easements, zoning restrictions or outstanding building permits.
- Doing professional inspections (e.g. pest, building and asbestos) in advance of the auction can also help to identify any structural or non-visible issues.
Discuss the auction process and the specific property with the real estate agent or your financial or legal advisors prior to participating in an auction. It is important to understand your legal obligations prior to participating in an auction.
You can also request a copy of the vendor's statement and the auction contract from the estate agent to obtain information about the property and see if legal advice is needed.
2. Private Sales
Unlike properties that go to auction, in a private sale, the property is advertised and prospective buyers are invited to make an offer to the seller or their estate agent without a public competitive process.
If purchasing through a private sale, you need to follow similar due diligence process as for an auctions, including doing property inspections.
The main difference between auctions and private sale is in the negotiation and offer process.
Once you've inspected a property for private sale, if you're satisfied, you can choose to submit an offer to the seller or their real estate agent. Included in your offer will be the proposed purchase price, settlement terms and any special conditions or requests.
There are two kinds of offers:
- Unconditional offer — an offer to buy which becomes a binding contract if it is accepted by the seller. This is approach more commonly recommended if you have a pre-approved home loan (finance) and are sure about the property.
- Conditional offer — an offer to buy which becomes a binding contract to buy, if certain conditions are met (e.g. valuation, finance approval, inspections). This is the approach to take when, for example, you don’t have a pre-approved home loan, you want to get the property inspected or you need to sell your existing home before buying the new property.
Once you have made an offer, the seller may accept your offer or come back with a counteroffer. Be prepared to negotiate on price, settlement period or other terms until agreement is reached. Working with a legal practitioner, like a conveyancer or solicitor, throughout the offer and negotiation stage may be necessary.
See our Connect section for more on legal supports.
Once you and the seller have agreed on the sale terms, the seller's real estate agent will prepare the Contract of Sale. If both parties sign the contract, it becomes legally binding. This requires the homebuyer to pay the agreed deposit.
In Victoria, there is a standard 3 business day ‘cooling-off period’ for private sales on properties of less than 20 hectares. During these 3 business days, you can withdraw from the contract, although you may forfeit a percentage of the deposit.
3. Buying off-the-plan
Buying off-the-plan involves buying a house or unit before the building works have been completed.
In Victoria, buyers do not pay land transfer (stamp) duty on off-the-plan purchases.
Typically, off-the-plan buyers enter into a contract with the developer or builder. This contract will contain the sale of the land (the block) and a commitment to build the house, based on the property plans and specifications.
If you have found an off-the-plan property that you like and it fits your budget and requirements, the next step is to review and sign a contract with the developer or builder. This will stipulate your obligations, and details such as the deposit required.
In the contract there will be information about when the building is to be completed, including the date of the 'sunset clause'.
- The sunset clause allows the developer or builder to terminate the contract if building has not started after a specified period.
- The seller must give the purchaser 28 days (about 4 weeks) notice and obtain the buyers written consent to stop the build before a sunset clause can be used to terminate the contract.
- The sunset clause protects buyers if construction takes longer than the seller intended.
- If the buyer does not want to stop the build, the sunset clause requires the property construction to be finished.
- If the buyer accepts termination of the contract, the seller will typically provide a refund, or partial refund, of the deposit.
For more information on the buying process, explore the Consumer Affairs Victoria summary of the process for each buying type, each with links to more information about legal terms.