{"id":9781,"date":"2016-11-07T01:00:31","date_gmt":"2016-11-06T14:00:31","guid":{"rendered":"http:\/\/realestatetalk.com.au\/?p=9781"},"modified":"2016-11-07T01:00:31","modified_gmt":"2016-11-06T14:00:31","slug":"beware-of-rent-to-buy-schemes-eileen-webb","status":"publish","type":"post","link":"https:\/\/channels.realty.com.au\/realtytalk\/beware-of-rent-to-buy-schemes-eileen-webb\/","title":{"rendered":"Beware of &#039;rent-to-buy&#039; schemes &#8211; Eileen Webb"},"content":{"rendered":"<p>&nbsp;<br \/>\nThose looking to get a piece of the Australian dream of buying a home are still falling victim to a shadowy scam commonly called rent-to-buy deals.\u00a0 So why \u2013 if the prices are over inflated and there is no legal security over the property \u2013 are these people shelling out thousands upon thousands of dollars and more importantly is nothing being done?\u00a0 Great questions that we try to get answered today by Associate Professor of Law at Curtin University <strong>Eileen Webb<\/strong>.<\/p>\n<h4><\/h4>\n<h4><strong>Transcript:<\/strong><\/h4>\n<p><b>Kevin:<\/b>\u00a0 Well, here\u2019s a timely warning for you. I read a brilliant piece that was written recently about how many Australians are still falling prey to the rent-to-buy schemes that we see plastered all over telephone poles and in the classified section of the newspapers. The article was written by Associate Professor of Law at Curtin Law School at Curtin University, Eileen Webb, who joins me.<br \/>\nAssociate Professor, thank you very much for your time. Tell me a little bit about how these schemes work.<br \/>\n<b>Prof. Webb:<\/b>\u00a0 The easiest way to look at them or understand them is to compare them to a regular bank loan. With the standard bank loans, you have land being transferred to a purchaser upon settlement. The mortgage is noted as a charge on the title but the purchaser is acknowledged as being the owner of the land.<br \/>\nNow, this never happens with these fringe lending schemes. The land won\u2019t be transferred to the purchaser until it\u2019s paid off in full, and you allegedly pay off your home by simply paying rent for that period or until the property is refinanced.<br \/>\nThe problem is that the so-called purchaser never actually has an interest in the land. You\u2019re like a renter, and so if they default, the vendor can simply say, \u201cOh, you\u2019re in breach of your contract.\u201d They lose everything that they\u2019ve paid and the opportunity to buy the house.<br \/>\n<b>Kevin:<\/b>\u00a0 Is there a record of the deal anywhere that it shows that the renter is, in fact, buying the home.<br \/>\n<b>Prof. Webb:<\/b>\u00a0 No. This is one of the big issues with this. Everything is done via contract. And again, it depends on the particular arrangement. Some are quite well documented, but as you would imagine, the contracts are all in either the vendor\u2019s and often the broker\u2019s favor.<br \/>\nThe basis of the agreement is the contract, so there\u2019s no transfer of title. Arguably, the perspective purchaser could lodge a caveat, but it seems nobody ever does, and there simply is no interest in the title.<br \/>\nWhat you could do is you could rely on that contractual right and you could try and proceed in a court, but who has the time and the energy and the money to do that? Particularly when the people who were targeted by these schemes are often challenged economically to begin with.<br \/>\n<b>Kevin:<\/b>\u00a0 Exactly. That\u2019s the point I\u2019ll come to in just a moment. In the article, you also say the Consumer Action Law Center has seen no examples of successful rent-to-buy deals anywhere. How can this be legal?<br \/>\n<b>Prof. Webb:<\/b>\u00a0 It\u2019s legal because it hasn\u2019t been made illegal. Basically, they\u2019re operating in this twilight zone. Where the problems arise with the law is that these sorts of things are regulated, if you like, across a smorgasbord of state and national law. Within each state, you have the state government being responsible for property laws and the carriage of much of the consumer law relevant to that jurisdiction. Then you have the national credit law, so you have national laws in relation to responsible lending and the National Credit Code.<br \/>\nNow, what is happening is that first of all, many of these transactions are falling through the cracks. Just a quick example: many of the brokers who are involved in this area are not licensed and therefore, if they\u2019re not licensed, they\u2019re not being caught by the national credit laws. Similarly, other transactions just simply fall through the cracks, so they don\u2019t fit within the particular state legislation, they don\u2019t fit within the national legislation.<br \/>\nOf course, it\u2019s inconsistent across the country because one of the joys of being in a federation is, of course, we have a lot of different state laws. In some states, the consumer protection authorities have actually been quite proactive, so I\u2019m very happy to say in Western Australian they\u2019ve been very proactive with going after these guys, but in other states, there isn\u2019t as much opportunity to do so.<br \/>\n<b>Kevin:<\/b>\u00a0 How widespread is it? Do we really know?<br \/>\n<b>Prof. Webb: <\/b>\u00a0No, we don\u2019t, because as Consumer Action actually noted in their report there\u2019s very little usable data because the thing is the property doesn\u2019t change hands, you don\u2019t pick that up, and you don\u2019t get anything from the consumer protection agencies unless they\u2019re following up a complaint. You don\u2019t get anything from land titles. You don\u2019t get anything stamp duty offices because, again, you haven\u2019t got these things changing hands.<br \/>\nWhat we do have is evidence that legal services and consumer organizations and the consumer regulators are seeing more and more of these transactions. So I guess you\u2019d say we have anecdotal evidence of an increase in these types of transactions.<br \/>\nAlso, too, there is an unhealthy interest in getting involved in these schemes. People are actually encouraged to become brokers within these rent-to-buy schemes by very high-profile promotors, and they tout it, if you\u2019d like, as a way of getting rich quick. People get attracted by this and they go into these schemes, and if even a small proportion of numbers of people who do these courses actually go out there and become brokers, that will lead to a very significant number of these transactions.<br \/>\n<b>Kevin:<\/b>\u00a0 Is it only a matter of time before this does become illegal?<br \/>\n<b>Prof. Webb: <\/b>\u00a0One of the recommendations of Consumer Action Law Center\u2026 And I can\u2019t speak, obviously, on behalf of Consumer Protection in Western Australian but I\u2019m sure that given our experiences over here, they would be applauding this. Look, they really should be banned. They\u2019re of no discernible consumer benefit. We haven\u2019t seen any successful rent-to-buy schemes and most vendor finance schemes fall over.<br \/>\nThe idea behind the rent-to-buy is that at the end of the rent-to-buy period, the potential purchasers refinance. They simply are not able to refinance because they\u2019ve paid too high a price for the property, they\u2019re in low-growth areas, so they haven\u2019t got any equity to offer a mainstream lender, and so after the five-year period, they pretty much lose everything they\u2019ve paid and have to walk away.<br \/>\nNow, the other alternative is if we strengthen regulation of these contracts. So basically, we should ensure that if these transactions are brokered by intermediators for profit \u2013 which is a fancy name for brokers, obviously \u2013 the law should be amended to make sure that the National Credit Code will apply and we don\u2019t have these unlicensed people falling between the cracks and us not being able to prosecute them.<br \/>\nAlso, too, what we need is that the monies that are paid by the prospective purchaser should be held securely. At the moment, it\u2019s just going to the broker and back to the vendor or going directly to the vendor, and it can be used as that person wishes. Basically, it needs to be held securely on behalf of the buyer until such time as the property settles \u2013 which it invariably doesn\u2019t \u2013 or that if things go wrong, the buyer can recover any amount that they\u2019re entitled to if the deal is not completed.<br \/>\n<b>Kevin:<\/b>\u00a0 Well, it certainly is an area that needs to have some legislation to protect people, I think, because you rightly said, the people who are attracted to this are those who probably aren\u2019t best equipped to handle it.<br \/>\n<b>Prof. Webb:<\/b> \u00a0It\u2019s tragic, and I think what\u2019s going to happen, too, is that we have this perfect storm, if you like, because housing affordability is decreasing because you have increasing casualization, we have rising defaults, job losses, and so on. You have problems with people financing loans and actually being able to get mainstream loans but you also have decreasing home values, so you have vendors who are really worried about selling their own house. They\u2019re attracted to these schemes, as well, because brokers will say them, \u201cWell, look, we can get you more than you could selling it through the regular market.\u201d<br \/>\nOne thing I should emphasize is that often vendors in these situations aren\u2019t necessarily the bad guys; the brokers in the middle are often the ones who are causing the most trouble and are causing us the most concern.<br \/>\n<b>Kevin:<\/b>\u00a0 Absolutely. We\u2019re going to continue to look into this, as well, but I want to thank you for joining us, Eileen. Thank you very much for your time.<br \/>\n<b>Prof. Webb:<\/b>\u00a0 My pleasure. Thank you.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>&nbsp; Those looking to get a piece of the Australian dream of buying a home are still falling victim to a shadowy scam commonly called rent-to-buy deals.\u00a0 So why \u2013 if the prices are over inflated and there is no legal security over the property&#8230;<\/p>\n","protected":false},"author":176692471,"featured_media":9782,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[10,11,13,36,17,22,25,27],"tags":[101],"class_list":["post-9781","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-kevin-turner-sponsored-channels","category-kevin-update","category-latest-story","category-property-investment-topic","category-property-investment","category-research-topic","category-sponsored-channels","category-trends-topic","tag-podcast"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.5 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Beware of &#039;rent-to-buy&#039; 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