{"id":25210,"date":"2015-05-15T12:00:09","date_gmt":"2015-05-15T02:00:09","guid":{"rendered":"http:\/\/realestatetalk.com.au\/?p=4466"},"modified":"2015-05-15T12:00:09","modified_gmt":"2015-05-15T02:00:09","slug":"avoid-first-time-buyer-mistakes-negotiating-tips-never-buy-a-property-sight-unseen-what-to-look-for-at-an-open-home-2","status":"publish","type":"post","link":"https:\/\/channels.realty.com.au\/realtytalk\/avoid-first-time-buyer-mistakes-negotiating-tips-never-buy-a-property-sight-unseen-what-to-look-for-at-an-open-home-2\/","title":{"rendered":"Avoid first time buyer mistakes | Negotiating tips | Never buy a property sight unseen | Strategy"},"content":{"rendered":"<p>&nbsp;<\/p>\n<p>In today\u2019s show we get some first time buyers mistakes from <b>Chris Gray<\/b> and buyer negotiatiomn tips from <b>Josh Masters.<\/b><\/p>\n<p>Also<a href=\"http:\/\/realestatetalk.com.au\/featured-channel\/michael-yardney\/\"><b> Michael Yardney<\/b><\/a> explains why he thinks buying a property sight unseen is a recipe for disaster and then\u00a0Kevin talks to <strong>Mark Armstrong<\/strong> about strategy.<\/p>\n<p><b>Bryce Holdaway<\/b> the host of Location, Location, Location Australia believes professional investors need to focus on becoming borderless investors. He talks about what you need to do to prepare.<\/p>\n<p>Many owners planning on renovating or building a new home are new to the entire building and contractual process. Today we talk to someone who entered into a building agreement naively assuming the contract was fair and that she would be protected. She was wrong. <strong>Hear Samantha\u2019s story today.<\/strong><\/p>\n<p>&nbsp;<\/p>\n<h4><strong>Transcripts:<\/strong><\/h4>\n<h3>Chris Gray<\/h3>\n<p><b>Kevin<\/b>:\u00a0 It\u2019s a shame, but when it comes to mistakes, we find that there\u2019s some uniformity especially when it comes to first-home buyers. I guess it\u2019s a very, very nervous time. A man who is used to talking to them and helping them through this process is Chris Gray. Chris is a buyer\u2019s agent. He works at Your Property Empire and is also the host of Sky TV\u2019s show of the same name, <i>Your Property Empire<\/i>, Friday nights on Sky TV at 6:30.<\/p>\n<p>Chris, thanks for your time.<\/p>\n<p><b>Chris:<\/b>\u00a0 My pleasure.<\/p>\n<p><b>Kevin:\u00a0 <\/b>How do you go about helping first-home buyers, and what do you find are the most common mistakes they make?<\/p>\n<p><b>Chris<\/b>:\u00a0 I think the biggest mistake for first-home buyers is they are gathering their information; it takes them so long to get their heads around it. I understand it, because it\u2019s daunting having such a big mortgage and these days you\u2019re spending $500,000 at least just to get into some of these suburbs.<\/p>\n<p>They go around talking to their friends and family, taxi drivers and God knows who else, and all of these people aren\u2019t necessarily qualified to give them any reasoned advice, but they get so many differing messages that they end up doing nothing.<\/p>\n<p>Most of Australia is in the rising market at the moment, apart from certain pockets, and the big thing is you just have to get in. I\u2019m definitely a fan of learning stuff, getting education, but you\u2019re never going to know everything, so I really try to push people to get some knowledge but then just get in the market.<\/p>\n<p><b>Kevin<\/b>:\u00a0 It\u2019s interesting when you talk about taking advice from family and friends. My experience is that normally family will err on the side of being super-conservative and think it\u2019s their role to actually talk you out of it.<\/p>\n<p><b>Chris<\/b>:\u00a0 They\u2019re not doing it for malice; they\u2019re just trying to protect you. They don\u2019t want you to get ripped off. They don\u2019t want you to make a mistake. But mistakes in property over time \u2013 even if you overpay for a property or it falls down almost and has some rising damp or something\u00a0 \u2013 in time, it\u2019s generally going to be okay.<\/p>\n<p>I understand where they\u2019re coming from, but people just need some encouragement and a kick up the backside at times.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Indeed they do. Other mistakes, mate? Anything else you\u2019ve come across?<\/p>\n<p><b>Chris<\/b>:\u00a0 Again, one of the big things that I find is that they spend so much time trying to research a mortgage. Obviously it\u2019s a big part of the cost of the property, and it is essential to try and get a good rate and there are lots of differences between the banks, but most of the time, a mortgage broker can do this for you.<\/p>\n<p>What they\u2019re trying to do is save a few hundred dollars or a few thousand dollars, but then they go out and just buy a property because they get fed up with looking because it\u2019s boring after a while, and it costs them tens and tens of thousands because they either buy at the wrong price or they buy the wrong type of property.<\/p>\n<p>I\u2019m an advocate of almost go to any mortgage broker \u2013 especially if you\u2019re an employee, there\u2019s not a lot of difference between most of the banks \u2013 and then spend 90% of your time trying to find the right property at the right price and doing the research on what it\u2019s worth rather than concentrating on those hundreds and thousands of dollars.<\/p>\n<p><b>Kevin<\/b>:\u00a0 I love what you say there. Those mortgage brokers can also become quite good consultants in helping you as well, can\u2019t they?<\/p>\n<p><b>Chris<\/b>:\u00a0 It\u2019s good. While I am a fan of going to the banks at some point, a lot of the time I\u2019m preferring to go to mortgage brokers, because at a classic bank, you\u2019ll get a 20-year-old telling you what to do. They\u2019ll say, \u201cRight, buy a home and get a principal-and-interest mortgage and pay it off,\u201d whereas mortgage brokers are more entrepreneurial \u2013 they deal with investors all the time.<\/p>\n<p>Look, it\u2019s fair enough to buy a home and pay principal and interest, but quite often, it\u2019s not the ideal home so they\u2019ll end up renting it as an investment later on and going interest-only. I worked out my figures years ago and the repayments are the same for $500,000 principal and interest versus $600,000 interest only.<\/p>\n<p>I would much rather buy a $600,000 property now that gets me a better suburb and a better property \u2013 even though I\u2019m not paying it off \u2013 than buying a $500,000 property and paying it off, and you\u2019re not really paying much money off it anyway.<\/p>\n<p><b>Kevin<\/b>:\u00a0 As a buyer\u2019s agent, how often have you seen young people come to you with a huge shopping list and then miss out on what would be their classic property because the list is just too long?<\/p>\n<p><b>Chris<\/b>:\u00a0 That\u2019s what I was going to get into. I think the next biggest mistake is that they buy something beautiful \u2013 they love it; they can show it off to their mates \u2013 whereas typically, as a buyer\u2019s agent, I buy ugly properties. But I might buy for the same price, something a kilometer closer to the beach that\u2019s ugly, but I know I can change that. Whereas the beautiful property that is one or two kilometers away, there is nothing you can do to improve it and you can\u2019t physically move it.<\/p>\n<p>It\u2019s trying to get away from the cosmetic, beautiful things and look to see \u201cHas it got parking, has it got double bedrooms, is it small block, has it got low maintenance, and what is the physical location?\u201d rather than those other things that really don\u2019t make that much difference.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Wow, there\u2019s a wealth of experience coming through there, Chris. I appreciate you sharing that with us, too. Chris, of course, is from Your Property Empire, also on Sky TV Friday nights 6:30, <i>Your Property Empire<\/i>.<\/p>\n<p>Chris, thanks so much for your time.<\/p>\n<p><b>Chris<\/b>:\u00a0 Thanks for having me on.<\/p>\n<p>&nbsp;<\/p>\n<h3>Samantha Powers Part 1<\/h3>\n<p><b>Kevin:<\/b>\u00a0 Many others owners<b> <\/b>planning on renovating or building a new home are new to the entire building and contractual process. They have little or no knowledge of contractual matters and can be easily intimidated by the builder.<\/p>\n<p>My next guest entered into a building agreement na\u00efvely, no doubt the same way most newbies enter into these projects. Samantha Powers assumed the contract was fair and that she\u2019d be protected \u2013 Reasonable, I would have thought. Like you and I, she had seen those horror stories on <i>A Current Affair<\/i> and never thought that her experience in fact would be one of them. She was wrong.<\/p>\n<p>As a result of the experience, Samantha has written an e-book that\u2019s designed to be a guide to make sure that others learn from her experiences, and I\u2019ll tell you how you can get a copy of that e-book in just a moment. In the meantime, Samantha joins me.<\/p>\n<p>Hi, Samantha.<\/p>\n<p><b>Samantha:<\/b>\u00a0 Hi, Kevin. Thank you for having me on your show.<\/p>\n<p><b>Kevin:<\/b>\u00a0 Thank you for sharing the experience with us. I\u2019m looking forward to you being quite frank about it. Tell me how bad was it? What exactly happened?<\/p>\n<p><b>Samantha:<\/b>\u00a0 It was a pretty shocking, terrible experience for me. It lasted a number of years. My contract and everything started in 2010, and it\u2019s only in January of this year that it actually finished up completely.<\/p>\n<p>I hired a builder thinking that everything was going to be all right. It was a really simple build, supposed to be a single-story, nothing exceptional, not on a cliff face or anything, standard ground. It should have taken about seven months but at the one-year mark, he\u2019d only just hit the brickwork stage.<\/p>\n<p>He mismanaged all the money, because he had a whole bunch of projects on the side and during the economic downturn, it just didn\u2019t pan out very well. In the end, he terminated the contract with me and he took a whole bunch of my money with him.<\/p>\n<p>The subsequent attempts to rectify it was through the VCAT, the Victorian Civil Administrative Tribunal, and that lasted about a year and a half. Eventually, we had to go to the liquidation stage and then ASIC deregistered his business. Then we had to go through the builders warranty insurance. That all lasted about years.<\/p>\n<p><b>Kevin:<\/b>\u00a0 What a nightmare! In about a minute and a half, you\u2019ve taken us through a process that no doubt involved you in a lot of angst over a long period of time. The e-book is a result of all of that. You\u2019ve documented basically where you went wrong. Did you have a solicitor onboard helping you through this process?<\/p>\n<p><b>Samantha:<\/b>\u00a0 Towards the end, I did. I had a wonderful solicitor, but I must say that even the best solicitors \u2013 and particularly the good ones \u2013 do cost quite a bit. They\u2019re on average about $450 an hour, and even then further on to go down the liquidation path, they are even more expensive than that. Prior to that, I\u2019d gone through the Building Commission for advice, we\u2019d sought conciliation and all that during the process before the lawyers. But very costly process to get to the end.<\/p>\n<p><b>Kevin:<\/b>\u00a0 What are the tips that you\u2019d have that you\u2019d give someone who\u2019s looking at taking on a building or renovation project like this? Have you got some tips along the way?<\/p>\n<p><b>Samantha:<\/b>\u00a0 You can protect yourself before and during the contract. To protect yourself before the contract, find a good builder. A good builder is somebody who\u2019s familiar with those projects, he knows what your upfront costs are going to be, what the potential pitfalls are, and he\u2019s going to be pretty upfront with it. Sometimes that builder is possibly not going to be the cheapest builder.<\/p>\n<p>The first step prior to any contract, definitely try and get a good builder in. On my website, you can download a checklist. It\u2019s free; you don\u2019t even have to sign up for a mailing list. Just a questionnaire on how to get a good builder.<\/p>\n<p><b>Kevin:<\/b>\u00a0 That website, by the way, is NewHomeContracts.com.au.<\/p>\n<p>Stay with us, Samantha. We\u2019ll get you back later in the show and we\u2019ll continue this chat with you. Stay with us. Lots more to come, and Samantha will be back a little bit later in the show with more of those great tips.<\/p>\n<p>&nbsp;<\/p>\n<h3>Michael Yardney<\/h3>\n<p><b>Kevin<\/b>:\u00a0 From time to time, I have heard some people say that you can actually buy property sight unseen. Of course, with things like the Internet, it\u2019s made it very, very easy for us to get a lot of information right at our feet, so we can actually do as much due diligence as we need to do. But really, is it wise to buy sight unseen? You can have people on the ground for you, but I sometimes really like to see it myself.<\/p>\n<p>Michael Yardney is from Metropole Property Strategists. Michael, I\u2019d just like your opinion on this. Is it something you would do?<\/p>\n<p><b>Michael<\/b>:\u00a0 Kevin, I would never do that. Now, that doesn\u2019t mean that I would not buy something if I had somebody I trust looking after it for me. But I guess what I\u2019m saying is a bit different to what some people recommend.<\/p>\n<p>I think buying a property sight unseen \u2013 which is touted as good advice because you take the emotions out \u2013 is really a recipe for disaster. Advocates of this strategy say, \u201cIt opens up your investment search to locations out of your backyard,\u201d and I accept the fact that you should be doing that, and as they say, \u201cIt takes the emotions out.\u201d<\/p>\n<p>The trouble is that properties vary so much. It\u2019s not like buying shares. Even from one side of the street to the other, prices can vary and properties can vary, so no, I wouldn\u2019t be buying sight unseen.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Michael, You alerted to something there about having a trusted advisor on the ground. Is that a solution if it\u2019s just not practical for me to get there?<\/p>\n<p><b>Michael<\/b>:\u00a0 Yes, it is, Kevin. Let me give you an example. I remember looking, a couple of years ago, at a property. I did my virtual tours on the Internet and I downloaded all the statistics to the area. I did the Street View because that\u2019s so easy now, and I looked at all the photos. But then when I actually got out to look at the property itself, right next door was an electrical substation \u2013 right physically next door. If you actually could look up in the air, which you couldn\u2019t on the virtual tours, there were high-tension power cables there, so definitely this devalued the property I was looking at.<\/p>\n<p>Similarly, I know properties in Sydney where if you\u2019re on the north side of the street, you have magnificent views of the city water, the harbor, and the bridge. If you\u2019re on the south side of the street, you have magnificent views of the houses on the north side of the street that have views of the harbor and the bridge. There\u2019s a 25% difference in price from one side of the street to the other, and that\u2019s why you need somebody with a level of perspective on the ground.<\/p>\n<p><b>Kevin<\/b>:\u00a0 What always troubles me, Michael, is that you and I talk all the time about the amount of education we put into selection of a property and educating ourselves, but I just don\u2019t know that I\u2019d be all that confident that the person I\u2019m trusting is as educated as me. Maybe I\u2019m a bit of a control freak. I don\u2019t know.<\/p>\n<p><b>Michael<\/b>:\u00a0 So am I, Kevin. It is important to work out who you trust. That\u2019s why at Metropole, for example, we have our own team of area experts, and even in Melbourne, we have four buyer\u2019s agents \u2013 in Sydney, four, and in Brisbane, three \u2013 because they don\u2019t even know the whole of Melbourne.<\/p>\n<p>You need somebody who has a level of perspective, and, Kevin, that\u2019s something that you can\u2019t put in a spreadsheet and you can\u2019t download from the Internet. Somebody who can walk down that street and know what the history has been, know what the school zonings are, understand what else is coming up in the market in the future years, and why one property is more attractive to owner occupiers and tenants from the other.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Would that apply also if I\u2019m working with a buyer\u2019s agent, Michael, that I shouldn\u2019t just blindly follow what the buyer\u2019s agent says?<\/p>\n<p><b>Michael<\/b>:\u00a0 The buyer\u2019s agent has to be an area expert and most of them are. Many of them are experienced estate agents who\u2019ve now gone to help buyers, and that\u2019s fine. What I\u2019m finding uncomfortable at the moment is <a href=\"http:\/\/melbournebuyersagent.com.au\/\" target=\"_blank\" rel=\"noopener noreferrer\">Melbourne buyer\u2019s agents<\/a> flying up to Brisbane, seeing 25 properties in a day, putting an offer on three and thinking they know the market.<\/p>\n<p>Sure. I think there are a lot of very proficient, very experienced buyer\u2019s agents, but get somebody who has on-the-ground knowledge, and in my mind, somebody who\u2019s a property investor themselves, Kevin.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Always good talking to you. Michael Yardney from Metropole Property Strategists.<\/p>\n<p>Thanks for your time, mate.<\/p>\n<p><b>Michael<\/b>:\u00a0 My pleasure, Kevin.<\/p>\n<p>&nbsp;<\/p>\n<h3>Mark Armstrong<\/h3>\n<p><b>Kevin<\/b>:\u00a0 There is a new website I want to tell you about, too. It\u2019s not so new \u2013 it\u2019s been around for a while \u2013 but boy is it getting some publicity. It\u2019s called RateMyAgent.com.au, and one of the men behind that is Mark Armstrong, who joins me as my guest.<\/p>\n<p>Good day, Mark.<\/p>\n<p><b>Mark<\/b>:\u00a0 Good day, Kevin.<\/p>\n<p><b>Kevin<\/b>:\u00a0 You must be delighted with the way Rate My Agent is working. How does it work for the consumer?<\/p>\n<p><b>Mark<\/b>:\u00a0 What Rate My Agent does is it allows consumers to search every suburb in the country and find out which agents are selling the most property, by total sales value or by the number of properties sold, and then they\u2019re able to read consumer reviews, consumer feedback about the agent\u2019s performance.<\/p>\n<p>It\u2019s a completely independent website. So far, we have around about 27,000 or 28,000 reviews that have been posted on the website, and we\u2019re getting around about 1200 new reviews posted every week. It\u2019s a great resource.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Yes. Of course, it is. One of the key things, of course, in selling or buying property is your review of the agent. It\u2019s a great tool. It\u2019s called Rate My Agent. Check it out for yourself.<\/p>\n<p>Mark, I\u2019m keen, with your insight as to what\u2019s going on in the industry, if maybe you could give us a few tips for new property investors, people who are wanting to get into this market and not missing out on it while it\u2019s going so well.<\/p>\n<p><b>Mark<\/b>:\u00a0 Yes. I think the biggest mistake a lot of investors make is they hear about a whole lot of different investment strategies in the marketplace and they just try to pick a strategy. They also often get quite confused about which strategy, whether it\u2019s positively geared or negatively geared, or whether they should develop, value add, or a whole range of strategies.<\/p>\n<p>But the advice that we always give investors is to say, \u201cLook. Let\u2019s just take your eyes off the market for a couple of minutes and let\u2019s focus on you. Let\u2019s focus on the individual. Let\u2019s focus on how old you are, let\u2019s have a look at your family situation, let\u2019s have a look at your cash flow and how your cash flow is going to look into the future, let\u2019s look at what you\u2019re trying to achieve, let\u2019s look at your risk profile, and let\u2019s develop the strategy around your individual requirements, not the other way around.\u201d<\/p>\n<p>I think a lot of people get sold strategies, but we\u2019re more about helping people work out what strategy is right for them.<\/p>\n<p><b>Kevin<\/b>:\u00a0 I think some people get confused between strategies and outcomes, too \u2013 like negative gearing and positive gearing; they\u2019re outcomes of an investment strategy. To have a strategy, you\u2019ve got to have all of those pieces in place, which is what you\u2019re talking about, Mark.<\/p>\n<p><b>Mark<\/b>:\u00a0 Absolutely, and I\u2019ve spoken to many people over the years whose strategy has been \u201cI want to buy ten properties.\u201d<\/p>\n<p>I say, \u201cWhy do you want to buy ten properties?\u201d If one property makes you as much money as ten, do you want to make money or do you want to buy property?<\/p>\n<p><b>Kevin<\/b>:\u00a0 Yes.<\/p>\n<p><b>Mark<\/b>:\u00a0 Invariably, they come back and say, \u201cWell, actually no. We want to make money,\u201d and I say, \u201cThe number of properties has got nothing to do with it.\u201d The idea is we want to attain financial security, or buy a home, or whatever the case may be.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Yes. What are some of the other tips you might have for people wanting to start out, Mark?<\/p>\n<p><b>Mark<\/b>:\u00a0 I think the next one is once they\u2019ve developed their strategy, they then need to really lay the foundation. They need to look at the structure they\u2019re going to use, taking into consideration tax benefits, taking into consideration financing options, looking at trusts or company structures, or personal name or partnership.<\/p>\n<p>A lot of people neglect those sorts of things, but the foundation of a portfolio is really, really important, so we naturally take people to that next step and say, \u201cWell, now you\u2019ve got your strategy, the structure that that strategy will be built on may vary from a different strategy.\u201d<\/p>\n<p>For example, if you\u2019re looking at a positive cash flow strategy, a trust structure might be a better option because you can distribute the income through that structure. But if you\u2019re looking for a capital growth focus strategy, you might be better off buying in a personal name because you can get the negative gearing tax benefits.<\/p>\n<p>Laying that foundation and giving very serious thought to how that strategy works and the best foundation for it is a really good next step.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Yes, that\u2019s been some good advice. I guess it comes down to being professional about this, putting it together like a business and taking out the emotion, understanding that it is a business.<\/p>\n<p><b>Mark<\/b>:\u00a0 Yes, absolutely. It\u2019s a plan. It\u2019s a property plan or a business plan. Whatever you want to call it, it\u2019s going through it in a very professional manner.<\/p>\n<p>I think the next tip is making sure that the strategy that you\u2019re trying to implement or you\u2019re going to implement not only works today but also works into the future. I think the biggest mistake that we see people make is they buy properties and the mistake they often make is not that they\u2019ve bought the wrong property, but they\u2019ve worked out that they actually can\u2019t afford to hold onto it \u2013 because their circumstances change, whether it\u2019s because they need to upgrade their family home, or whether they\u2019ve had another child, or whatever the case may be. Buying properties, in most cases, is a long-term strategy, so we need to look at how our lives are going to change down the track.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Very good. Great talking to you Mark. Mark Armstrong. Check that website out, too. It\u2019s called RateMyAgent.com.au. It\u2019s a great tool if you\u2019re looking around to get the best agent.<\/p>\n<p>Mark, once again, thanks for your time, mate.<\/p>\n<p><b>Mark<\/b>:\u00a0 Pleasure, Kevin.<\/p>\n<p>&nbsp;<\/p>\n<h3>Josh Masters<\/h3>\n<p><b>Kevin<\/b>:\u00a0 An old saying that I love to reflect on from time to time is that you\u2019ll make money out of real estate when you buy, not when you sell. That all comes down to being a good negotiator. Even if you are using an agent, you have to understand the negotiation tactics that are used and how you can use them to your own best advantage. A man who does this all the time, Josh Masters, is from BuySide.com.au. They are buyer\u2019s agents, so obviously, they do negotiation; that\u2019s part of the business.<\/p>\n<p>Josh, I wonder if you\u2019d give us some insider secrets here. What are some of the best ways to be a good negotiator?<\/p>\n<p><b>Josh<\/b>:\u00a0 That\u2019s an excellent question, Kevin. I probably do have to stress that the most power you\u2019ll have as a negotiator \u2013 especially as you\u2019re buying \u2013 is when you\u2019re in a buyer\u2019s market or a softer market. It is very difficult to do it in a seller\u2019s market.<\/p>\n<p>But when you\u2019re a buyer, and it is a softer market and there is some leniency on negotiations, there are a range of things that you can get into that a lot of people overlook but can be really valuable to the seller and also to you in terms of interest rate payments and the like.<\/p>\n<p>One of the things that can be available to you is decreasing the deposit. That is quite common these days. So, taking it from 10% down to 5%. Why that\u2019s an advantage is that it means that less of your money is locked up in someone else\u2019s bank account, essentially, so you can still have access to it, you can spend it on whatever you need to, and when settlement time does come, then you can obviously put in the remaining fee from the bank loan itself.<\/p>\n<p><b>Kevin<\/b>:\u00a0 That\u2019s a good point too. As long as you\u2019re covering<b> <\/b>off on the agent\u2019s commission, because mainly what the agents are concerned about is having their commissions in that trust account.<\/p>\n<p><b>Josh<\/b>:\u00a0 Very true. Another things I would definitely look at is settlement terms. These are key. The settlement term for us is really important as an investment, especially coming up to periods like December or June\/July where we might be coming into a very soft tenant market. That means that there\u2019s not a lot of tenants around, especially around Christmas time \u2013 a terrible time to rent out.<\/p>\n<p>Usually we\u2019ll want to push that settlement time past that period into a period where tenants are really back in the market, like late January \u2013 a key time. Rather than going for your standard six weeks, you might push it out to 12 weeks. That can be quite a good little strategy to get hold of, as well.<\/p>\n<p><b>Kevin<\/b>:\u00a0 I like that one in particular. That\u2019s a good one. What else have you got?<\/p>\n<p><b>Josh<\/b>:\u00a0 One of the key ones that we like to use \u2013 it\u2019s often just one that we like to throw in there but it\u2019s really valuable to us \u2013 is early access to the apartment. What that means is that before settlement comes \u2013 let\u2019s say you have a six-week settlement \u2013 we might ask for two weeks early access. We get our property manager in there. We allow that property manager to show people through so that when we do come to settlement, we can have a tenant in there from day one.<\/p>\n<p><b>Kevin<\/b>:\u00a0 That\u2019s fantastic. I love that. Do you have to do anything special in the contract to allow you to have that early access?<\/p>\n<p><b>Josh<\/b>:\u00a0 It\u2019s always good to talk to the agent and get something in writing when you\u2019re dealing with the solicitor and trying to close the deal up. You don\u2019t want to have to rely on he said\/she said when you go back into the negotiation room. I always like to have a little bit of a clause in there, or even an e-mail, confirming from the solicitor that you can have early access prior to show clients through. Generally, if you\u2019re amenable with the sales agent, they will let you do it.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Of course, you\u2019re always better off having it done properly \u2013 especially if you\u2019re a seller \u2013 because effectively, you\u2019re really giving possession prior to settlement.<\/p>\n<p><b>Josh<\/b>:\u00a0 I wouldn\u2019t go as far as saying possession. God, I hope not.<\/p>\n<p><b>Kevin<\/b>:\u00a0 Well, the moment you hand the keys over and allow access is effectively what you\u2019re really doing. Isn\u2019t it?<\/p>\n<p><b>Josh<\/b>:\u00a0 That\u2019s true. We always like to have the sales agent there, though. They will arrange it with the property manager, and again, that\u2019s why I say it\u2019s really good to be amenable with the sales agent, because they\u2019re taking their time out of their day and if they don\u2019t want to do it, they\u2019ll just say no.<\/p>\n<p>It is good, I guess from a personal perspective in the negotiation, to get on side with the agent. Don\u2019t make an enemy out of them. There\u2019s no point in burning bridges. You never know when you\u2019ll need to call on a favor from them in the future.<\/p>\n<p><b>Kevin<\/b>:\u00a0 That\u2019s very good advice, as we always expect from you, Josh. Josh Masters from BuySide.com.au.<\/p>\n<p>Great talking to you again, mate, and we\u2019ll catch you again real soon.<\/p>\n<p><b>Josh<\/b>:\u00a0 My pleasure, Kevin. Thanks for having me.<\/p>\n<p>&nbsp;<\/p>\n<h3>Samantha Powers Part 2<\/h3>\n<p><b>Kevin:<\/b>\u00a0 Getting back to our conversation with Samantha Powers and the e-book that we\u2019re talking about \u2013 and you can get more information on the website, NewHomeContracts.com.au \u2013 we are helping you to make sure you choose the right builder if you\u2019re going to go into a building contract. Learn from the experiences of Samantha.<\/p>\n<p>Samantha, earlier in the show, you were giving us some tips on selecting a good builder. You\u2019ve given us one. What\u2019s the second one?<\/p>\n<p><b>Samantha:<\/b>\u00a0 Thanks, Kevin. Like I said, there are many tips that you can do, but I\u2019ll touch on another one at this point. The second is to make sure that the liquidated damages are sufficient for your contract.<\/p>\n<p>At this point in time, the standard default rate is about $250 a week, and liquidated damages is just the cost if the builder goes over the contracted time and everything. Now, $250 a week is not much if you are building, say, three townhouses or something like that. If you\u2019ve already drawn 80% of your construction loan, $250 a week is definitely not going to be anywhere near your actual costs.<\/p>\n<p>Making sure that your liquidated damages are not zero and quite potentially quite possibly above $250 is another thing, because that deters them from dragging their heels and going over the contracted timeframe.<\/p>\n<p><b>Kevin:<\/b>\u00a0 Do contracts and standards vary much between the states?<\/p>\n<p><b>Samantha:<\/b>\u00a0 The contracts themselves don\u2019t. In each state, they rely on different kind of legislation, but the contracts themselves are just an agreement between two parties, so they can be changed depending on what the parties want.<\/p>\n<p>When it comes to the differences between states, there\u2019s different terminology. Victoria has a building survey that issues and occupancy permit whereas New South Wales, they call it something else and they get an occupancy certificate. It\u2019s more terminology differences, but in general contracts, it all comes down to the cost of the project. Over $500,000, you might require a different contract. Under $500,000, the same story.<\/p>\n<p>Each state has small differences, but ultimately you can protect yourself through implementing fairer terms in your contract.<\/p>\n<p><b>Kevin:<\/b>\u00a0 Is it as simple as making sure that there\u2019s some kind of performance within that contract, that it has to be done within a certain timeframe, and also, whether or not it should be done at a fixed price?<\/p>\n<p><b>Samantha:<\/b>\u00a0 A fixed price contract is never actually fixed because there\u2019s always the possibility that inclement weather could occur or that your bricks might not be available. Fixed contracts are desired but they\u2019re never really fixed. Yes, you can try that, but otherwise, you have to get a good builder who\u2019s going to give you a big overview of what could go wrong, and then it\u2019s not just about having that locked-in price; there are so many more things that you can also do.<\/p>\n<p><b>Kevin:<\/b>\u00a0 I know you cover that in some great detail inside the e-book, and it\u2019s called \u201cThe Essential Guide to Australian Domestic Building Contracts: Save Yourself Thousands.\u201d It\u2019s available through Samantha\u2019s website, which I mentioned earlier, and I\u2019ll do it again now: NewHomeContracts.com.au.<\/p>\n<p>Just in closing, Samantha, what\u2019s the best thing to do if a project does actually come off the rails?<\/p>\n<p><b>Samantha:<\/b>\u00a0 If a project comes off the rails, you need to seek advice from various sources. Each individual state has a place to go or people that you can consult with. For those in Victoria, it\u2019s the Building Commission \u2013 they\u2019ve renamed it now. You can go there. But they all have disclaimers that their advice is advice only and they\u2019re not bound by it legally.<\/p>\n<p>Don\u2019t go to your friends and family and ask them. If they have no clue about building and contracts, then you\u2019re going to get some great opinions, but\u2026<\/p>\n<p>If you decide that maybe the building work has not actually reached the stage and you refuse to give a payment, if you are actually in the wrong, then you are liable for costs in the end. You need to do your research, you need to really understand the terms and what your obligations are.<\/p>\n<p><b>Kevin:<\/b>\u00a0 It\u2019s all covered, as I said, in that book that\u2019s called \u201cThe Essential Guide to Australian Domestic Building Contracts.\u201d It\u2019s been written by Samantha Powers. It\u2019s available on the website NewHomeContracts.com.au. Samantha, we are out of time but thank you so much for sharing this experience with us. I know that it will have helped a lot of people.<\/p>\n<p>Finally, can I ask you, was there a happy outcome?<\/p>\n<p><b>Samantha:<\/b>\u00a0 Yes. I finished the house myself, I learned a great deal throughout, and I will do it again.<\/p>\n<p><b>Kevin:<\/b>\u00a0 Okay. That\u2019s great to hear. Samantha Powers. That website, again, is NewHomeContracts.com.au.<\/p>\n<p>Samantha, thanks for sharing your experience with us.<\/p>\n<p><b>Samantha:<\/b>\u00a0 Thank you for having me, Kevin.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>&nbsp; In today\u2019s show we get some first time buyers mistakes from Chris Gray and buyer negotiatiomn tips from Josh Masters. 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