Paid Deposit for Land. Lost My Job. Settlement in Jan 2019

Hello,

Been reading and observering a lot here but a first time poster.

Will try and keep it short even though I really need some life saving advice. I had put $44k deposit for a block of land south east of Melbourne in one of the very talked about estates in Melbourne. It was supposed to title in June July 2019. I lost my job early Nov 2018 and still searching.

Now my conveyancer contacted me advising that the developer is titling the land in Jan 2019. I am in no position to settle the land as no bank will approve my loan without a job. I can't nominate anybody because of the no nomination clause in the contract. Plus with the current property market scenarios I am not too sure if buying this was the biggest mistake I made in May 2018. As per my research I bought at the peak.

I am really really stressed as I can't afford to lose $44k(3 years worth of saving).

I want to hear from the property/finance gurus. What are my options? Really looking for some constructive advice.

Much appreaciated,

Comments

      • I just googled to see where it is, and I'd have thought you would be right, but that's not the prices I saw.

        • I think OP said land only. You sure you're not looking at land and house pack?

          • +2

            @[Deactivated]: Property Type: Land
            Location: Lyndhurst
            Price range: $361,000 - $574,900

            Aquarevo by Villawood Properties
            https://www.oliverhume.com.au/personal/project/192-aquarevo

            So this isn't representative??

            I used to live at Seaford which doesn't seem any further, and it was cheap because so far from city.
            I don't think I'll be returning to Melbourne if these prices are indicative.

            • @SlickMick: Holy moly call me shit faced.

            • +2

              @SlickMick: @SlickMick Seaford has the beach though… I wouldn’t touch anything in Cranbourne/Clyde/Lyndhurst

              • @Fake News: Pretty sure that's where they covered a land fill but not to spec and now it's offgassing into the open.

                You can smell it when driving through, even with windows up.

              • @Fake News: Seafood also has bikies for all your Ozbargain arguments requiring settlement!

      • +1

        Thanks, I don't know the area at all.

        So the OP should be able to at least reduce his/her losses by onselling it (I'm sure that'll be possible) for a reduced price, if they can't settle the contract somehow.

        • I'd be seriously considering defaulting as I don't think OP is going to come up on top of the $44k by on selling.

          • @[Deactivated]: Defaulting on the contract is likely (I haven't read the contract) to make you liable for the loss of the other party, which sounds like it is likely to be more than $44K.

        • Imho $1000 per square metre for Lyndhurst is an outright blackmail.

  • +13

    Have no solutions, just want to extend my sympathy. This could have been me except that I bought an established house and settled in about a month. Lost job after that but luckily was able to cover a few months until I got a new job.

  • +16

    I had a similar issues with my unit being settled. They sent a letter saying june/July this year which put me in panic mode but in reality it took till october. Contact the real estate agent as they would have a better indication than your solicitor. They could be sending out a letter extra early so people have time to prepare for their finances.

    Also as long as your job is in the same industry/ similar profession as your old job you only need 2 paysilps. About 90% of banks and lender will waive the 3 months of this is the case.

    I was in a very similar situation to yours so don't panic till you talk to the real estate agent and broker. Feel free to pm me but I'm sure it'll sort itself out :)

    • I agree that developers are notorious for giving early date estimates that they just don't deliver but it certainly could be possible if the original settlement estimate was the max time allowed. Go out to the development yourself and see how far advanced it is. If all the boundary pegs, roads, kerbing, street lighting etc are in place, you'll know then that they are just waiting for Council to seal the plans and then lodge for titles.

    • +4

      This is true. As an ex banker I can confirm that if you are able to secure a new job in the same industry or profession you generally have a better chance of acceptance with a bank.
      It probably won't be due to settle in January like Bettina44 says. However, definitely talk to a solicitor and also the developer about a delayed settlement option.
      But most importantly get yourself into employment asap.
      Good luck.

      • The cheap banks I use have always required me to be off probation, so usually 6 months in same job.

    • Agree with Bettina44, settlement in January is almost impossible, Council is taking about 1.5 months to issue title at the moment and always exceptionally slow during X'mas/NY.

      Another thought, have you reached out to the developer and see if they can delay your settlement? When China stopped outflow of capital and many purchasers couldn't get money out, the developers allowed them additional time to come up with mezzanine funding, some were delayed by 2-3 months. The slowing market could work to your benefit in this instance, if the lot goes back onto the market it may not achieve the same value as what you paid for, or it may take longer than your grace period.

      Good luck! I hope it all works out for you.

  • pls contact the developer and explain your situation as they may able sell it in the market and refund the deposit . Some of the developers were able to help with these kind of situations

    • +1

      The ability to snatch 44k deposit is a huge carrot that most sellers won't just wan't to wave off on a default by a Buyer. Certainly try it as an absolute last resort, but I just don't see it happening, least of all with a dev and even more so if sales are slow/ing, numerous lots remain unsold or land prices dropping.

  • You have 2 choices as i see it, get a job, or get a girlfriend with a good paying job and savings.

  • +17

    Broker here.

    Assuming all other factors are OK (credit history, genuine savings, borrowing capacity etc) there are lenders that will issue an approval based on an employment contract, even if you have a probationary period in the new role.

    If you can find a new role that is in line with your previous employment you might be able to settle this in time.

    • Agree with this. It is possible. This happened to me earlier this year in Jan 18. I resigned from my previous job in Dec and took up an offer in a similar role in the same industry which started in early Jan.
      Signed contract for a property I really liked on my second day at the new job.

      Probation per the employment contract was 3 months, but the bank (BOM) still conditionally approved my loan. The house settled in early March and by then I had two paylips for Jan and Feb which were requested by the bank.

      However the differences are the following: - I bought an existing semi rural property instead of land, which was to be rented out
      - My contract said subject to finance
      - I paid 20% deposit of around $80k
      - I wasn't out of work, just transitioning however the risk of being terminated during probation made me stress quite a bit. The bank asked for a copy of the new employment contract when they conditionally approved my loan

  • +1

    Not sure whether it has been suggested but a community legal centre may be able to give you some advice or possibly same from a financial counselling service, like the one Anglicare operate. Can't hurt to ask. Very sorry to hear of your situation.

  • Very sorry to hear.

    The only option imo is to on-sell the land. While the market is a bit down at the moment, there are still buyers out there.

    Check out gumtree listings, there are a lot of people doing the same thing currently.

    Out of interest - what line of work were/are you on?

  • +2

    Got to feel for you bloke, but look at it this way you have probably lost >44k in value over the property slide that has happened the past 6 months. Based on what im seeing here;
    https://www.realestate.com.au/buy/in-lyndhurst,+vic+3975%3b/…

    Land that is bigger then your 450m2 going for less then you paid

    So either

    Cut you losses or get another job talk to a broker see if they can cut you a deal so you get a loan from someone it will probably be a crap rate but you can always refinance when your situation improves.

    It sucks but that is the risk of investing

    • +4

      WOW! I am surprised with what I am seeing in your link. Cannot believe my eyes seeing those absurd prices for suburb like Lyndhurst. I really cannot understand people's obsession with brand new houses.

      • +2

        you know well how it's going to end from here , i mean the fate of entire Australia economy

        • As a general rule it doesn't really matter how much it costs as long as it holds/appreciates its value over time the problem is when you are in the rare but unfortunate time property down turns you can lose a load of cash in the short-to-medium term

    • +6

      It looks like OP will have dodged a bullet by only losing his 10% deposit.

      • If the builder can't resell the block for a similar price, they may be able to pursue OP for the loss as well.

  • -7

    That sucks, I assume you got laid off or fired? Who does this to someone near Christmas. Maybe you can name and shame that company.

  • +1

    Sorry, nothing useful to add. A similar thing happened to me but I had added "Subject to finance" to the contract and a letter from the bank was enough for me to get the deposit back from the developer.
    Fingers crossed you get a new job and manage to settle in time like Sweefu suggests. Good luck.

    • I didn't know you could amend the contract especially to favour the buyer

      • +2

        Of course you can! The contract is an agreement between two parties and either side can mandate what's on the contract.
        The solicitor/conveyancer who reviews the contract can advise you on this.
        The difference is maybe the vendor might favour someone who can sign without the clause vs someone who needs the subject to finance clause. However in saying that the off the plan sale might be a bit different as you're probably not able to negotiate with the developer

        • Solicitor should have provided a better guidance IMO.

  • -1

    As above - speak to a broker which may be able to provide you with possible financing given your situation. likely at a higher interest rate, which you could refinance in the future.
    2nd - what type of job/are you in good terms with the boss? Maybe they can help you out if you explain the situation to them.

    • +2

      2nd. Read the post ffs…

  • -4

    There is always a finance clause in the contract, unless you asked your conveyance lawyer to remove it. Bring a letter from the bank, to say that you have communicated with them, even better if you get the rejection letter from bank.

    If the conveyance person did not add the clause in the contract, then you can sue them in the court.

    I got out of a similar situation, after having paid extra for a lot (and real estate person hiding some details) and got my full deposit returned.

    • Most of what you’ve said is completely incorrect.

      • +1

        I'm pretty sure that does exist, i remember seeing it in my contracts for previous houses. It is supposed to protect you if the bank won't give you the unconditional approval. No idea what it does to your deposit?

        https://www.finder.com.au/subject-to-finance-clause

      • Buddy, unless you are paying the entire amount yourself, you will always have a Finance clause (unless your conveyance person is an idiot). Even if the OP had a job bank loan is never guaranteed. That is why the clause "subject to finance" is always added in the contract.

        • +1

          Bro! your usual new/subsale conveyancing is different from, Off the plan / House Land Package / New estate release

        • +2

          Curious, given your experience seems to be limited to one or two conveyancing transactions, it is probably better that you don't make blanket statements about what clauses contracts 'always' have in them.

          Contracts can vary greatly from state to state, as well as even from matter to matter.

        • +3
          1. Subject to finance is not always included in a contract. You must request it, and the vendor has the right to refuse your offer.

          2. New land sales rarely have a finance clause, because the lead time is too long for the finance clause to be actually useful.

          Claiming you can sue your conveyancer if there isn't a finance clause is completely incorrect and baseless, and given the seriousness of this post you should not be making this claim.

  • Have you tried talking to the estate developers? They may try to re-sell the land and let you off if they can find a buyer. I had similar experience where I bought an apartment off the plan through a developer where the initial buyer couldn't go through with the deal. Because I purchased it they gave the original buyer his deposit back.

    I'm not saying this will definitely be the case but it's worth having a chat to them.

    • I would imagine they won't bite. If the housing market hadn't just taken a dip, maybe could have negotiated that, and they'd have sold on for a higher price. But since the property may not be worth quite the same as what he was going to pay…………

  • -1

    Ammm,,,, did you write in the purchase agreement subject to banking valuation/fiances?

    This is very simple, either your contract had these clauses or not?

    • You will find most sales contract no longer have this clause as evident on my last 2 purchases

      • Mine did, I wouldn't of handed over 42K as a deposit without the clause being in the contract as the guy is finding out.

        • +7

          Clauses to have in a house purchase

          Subject to finance
          Subject to bank valuation
          Subject to building inspection

          • @doodo477: except this is not your usual house purchase

        • Even if they did, the finance clause is rarely longer than 14 or 21 days.

          So in this case it wouldn't be useful.

          • @sweefu: The finance clause is what-ever you and the seller agree to. I think you're confusing fiance clause with settlement clause within a purchase contract.

            • @doodo477: In theory yes, a finance clause is whatever term you and the seller agree to.

              In practice you would never have a finance clause in place until settlement accepted.

    • +5

      Too simplistic mate. You can't have your cake and eat it too.

      If it's subject to anything for you to get out of if the price falls, most likely there will be a million things that let the developer get out of the contract and sell to someone else if the price rises.

  • +1

    So, forgive me if this advise has already been said but I had a similar experience.

    I had purchased land and paid the deposit, and while I didn't lose my job, my situation changed with my relationship to a point where i could not have afforded to do it alone.

    I contacted the land developer, and they said no worries - they would put it back on the market and assuming it sells they would give me my deposit back.

    1 week later they had a new buyer and I got my full deposit back.

    • +2

      Yes but that was probably in a rising market. What we have here is a falling market. The land value has most probably already dropped by at least 10%, so the developer won't be able to re-sell it for what OP paid.

      • -1

        Even if the op gets back 70-80% of what they paid thats still a win in my book

        • +2

          how is he going to get 70%-80% back ??… land value decreased by 10%.

          10% means he get nothing back….if he paid $444.

          • -6

            @bugman: Bugman. IF the land cost him 44k, and then the land value dropped 20%, and the developer sells it for 35200, then the OP is only down 8800. For example.

            • +1

              @Quagles: what….the land was $444,0000 - on your example if went down 20% would be $355,0000. So the developer has lost $89K.

              In other words they would use his deposit to make up the difference. Which would still leave the developer $45K worse off. and the OP with $0

              • +1

                @bugman: I had a brain fart. Ignore me haha. More coffee needed obviously.

  • Is it big enough for a duplex? Might help in selling it.

    • nope. 450sqm!

      • +2

        I've seen duplexes built on that size of land easily.

        • in Lyndhurst Vic?

          • @ykwon10: Can't say I've ever been there. But has anyone ever tried to build a duplex there?

            • @serpserpserp: don't think so. it is a brand new development area. Aquarevo estate according to OP. feel free to do some research

              • @ykwon10: Mertion and the like seem to offer duplex builds in the area. So you probably can.

                It isn't really the size of the land that is the issue, it would be the willingness of the buyer to pay more for a duplex. Given the types of people that are buying out there and the potential resale value of a duplex, that probably isn't a likely scenario.

  • For those "Experts" that bought couple of established homes, while pounding on OP stupidity for not having finance clause.

    You'd be real naive to think OTP/New estate development has buyers finance clause on them.

    Use your common sense and you'll realise all banks/developers/builders would've gone bust by now, as no buyers would in their right mind proceed with settlement in a falling market without repercussion of losing their deposit for contract signed long ago.

    These OTP/Estate release projects have hundreds of buyers and if all bailed on finance clause, all settlements for highrise apartments or new estate would crashed with no buyers left and there would be no banks/developers/builders left as well, only thing left is ghost tower/land.

    • The developments wouldn't get built at all if the contracts had subject to finance clauses - banks don't/wouldn't accept subject to finances sales as qualifying pre-sales so the developer wouldn't be able to get funding.

    • Exactly, even if you buy at auction these days you don't have subject to finance clauses. In the bigger markets you'd barely get this in a "for sale" scenario.

  • +18

    Hi all,

    First of all i cant thank each and everyone of you for sparing time and helping me with any possible solution/advice. Really means a lot. Couldnt reply earlier as i had a hospital appointment (another hassle since aug this year).

    At this stage it seems that my only option is to forgo my deposit. The thought of it shakes me to the core because as many of you would relate I gave up on so many things to save this money and now it feels like I am real hard cash.

    I will give my contract a read again but I doubt there is any way I can get out of it as I did discuss it my conveyancer and the sales guys at developers end and both suggested there is no way for me to get my deposit back.

    I am a novice in the property market and quite unsure about how the market is going to behave in next 6-9 months and even if my some miracle i am able to get a loan approved I am unsure if i will be able to onsell it for the price I have bought it for. Bear in mind this particular estate was in news some 18 months back where people camped outside the sales office overnight just to book the lot.

    I am incredibly thankful to all of you for your comments so far and welcome any more constructive suggestions you may have. Every bit of information will help me. Cheers,

    • +1

      Don't be too defeatist just yet, you've got some time to research more. Like other's said, just talk to everyone you can

      Definitely feel your pain, it would be soul crushing to think of losing that much money

    • +1

      You will be OK.

      When you get another job - then you maybe be able to pick up a similar piece of land for what you were going to pay less the deposit.

      Who knows what the market will be like in a years time.

      Good luck pal!

    • +1

      Wait… So did you just buy this land as a speculative investment? With no plans/finance to actually build something on it?

    • +5

      not sure why you keep talking about losing your deposit.

      you're in breach of contract and will need to pay the other party for any losses .. this could be more or less than $40K.

      • +3

        This is important.
        Ask our conveyancer to confirm if you loss is limited to the deposit, or if you will be liable for whatever the difference between what you paid and what the developer can sell the lot for now. If the block only sells for $360k you might owe another $40k (plus possibly marketing costs).

      • This is true and why he needs to approach the developer again to see what options they are willing to give him. They might give him squat, but OP needs to try.

      • … and unfortunately it is going to be a headache for you for the next 6 to 12 mths.

        … in your position, I would:
        a) understand the basic of your legal rights and obligations and make your preferred decision
        b) then try to meet the owner and start talking to develop a solution .. see what they have to say .. maybe the land are all fixed prices and they'll be happy for you to pay interest to them until it sells to the next person .. that was just a random idea .. see what you can come up with
        c) hopefully negotiate a reasonable outcome without needing to waste and stress for the next 12 mths with writing formal letters to each other threatening court action for him to recover his costs

        by the way, the statue of limitations is 7 years, so the other party has 7 years to pursue his case against you .. hope that doesn't stress you out too much.

  • Hi Tinahz, sorry to hear about your unfortunate financial situation.

    I can't help you with financial advice (hopefully someone here will) but after a quick read I just hope you don't let it get to your spirit and hang in there.

    Life always has it's shit points for all of us but just know you are not alone!

  • +1

    sorry but if you are in default of the contract, then you'll probably lose a lot more than your $40K deposit .. it will depend on the loss of the other party.

  • Considering Melbourne property prices are down approximately 6.5% since when you've purchased, your remaining valuation you have left in the land is only 3.5% or about $15,400. Doesn't look like there's a massive difference between getting the loan and walking away.

    • +1

      No idea why this was down-voted - it's a statement of fact.

      Honestly OP I think you may look back on this and think it's the best thing that ever happened to you. A 45k loss is nothing compared to the declines the property market is headed for. You have breached the contract and in theory you owe them the remaining sum, however they can't get blood out of a stone and if you're genuinely employed they will not pursue you for it. They're far more likely to go after someone that intentionally forfeited their deposit because they see the writing on the wall.

  • +4

    I'm sure plenty of people want land next to a landfill.

    • +2

      People negging this comment, this is bit rude but absolute truth.

      • 100% - i googled the suburb and noticed that is 50% a tip.

  • +2

    Don’t just give up yet OP. Sorry to hear your position but I believe you have two options to try/consider:

    1. Find a job ASAP and try for loan , there is almost more than 50% chance than you will be granted a loan if all other factors are clear

    2. If you cannot nominate another person, check with your developer to see whether you can include anyone else in the contract along with you,if they are fine then check with your friends/circle to see if anyone wants to join you in owning that propert for a investment purpose. If they are not ready to pay the actual price you can reduce their share and given them some discount, but I am not sure whether bank will have problem in granting the loan to two people who are not related.

    Apologies if i have given any incorrect suggestion just sharing my thought, but apart from the above I strongly believe that settlement normally gets delayed especially with the Christmas holidays you have a good change that it will get delayed.

    Hope you find some solution and get your money or property.

  • I would seriously recommend to speak to some mortgage brokers and tell them your situation, they know how the banks would process your loan application. And every mortgage broker got some or the other solution of your problem, so please do it early and see if this works out for you as they won’t cost you any money (hopefully) and if that works please save your deposit. And also see if you can add any shareholder of that property who can contribute to that loan application.

  • +1

    Dear OP, I'm sorry to hear this. Such an unfortunate position to be in. 40 odd thousand is a lot to many people and to lose it could mean like it's all gone down the drain no where to be seen. My best advice is to find employment as soon a possible to increase your chances of getting the place.

    I'll tell you my experience with off the plan townhouses i was interested in back in January this year. I was lured in to these townhouses and the sales person was very very pushy. This rang multiple alarm bells, I asked for the contract as I sought legal advice before signing anything. She was reluctant at first to give it to me and said why? Why? Why?

    My solicitor gave me heads up and went through all the clauses and gave me possible scenarios if this or that happened (for example sunset clause - which I had no idea about). It was my $250 well worth spending and decided not to go ahead with the contract. I had a gut feeling that prices would drastically fall and it was just a matter of time. I'm so glad I made that decision as the house I'm living in at the moment is great and well built from the 1990s.

  • +1

    I’m an agent in Melbourne and happy to answer questions and give advice. Whilst there are a lot of people here with good intentions, some are giving you bad advice.

    Feel free to DM me 👍

  • +6

    Without offending individual Ozbargainers much of what has been written in this thread is very bad, flawed in some way or absolutely wrong and misleading advice. My advice, get legal advice (from a lawyer who charges a fee), initial consultations are sometimes at lesser or no cost and based on this initial advice you can then determine your next course of action.

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