Signing on the Dotted Line

...Oops I Changed My Mind

There has been quite a bit of discussion around our office this week because one of the staff repeated something he had heard about breaking a contract. It turned out to be be wrong but it got me thinking how we often have an idea, more of an urban myth than fact, and we continue to believe it for a very long time. It can be to our detriment.

We have various Consumer Laws that try to give us some protection when we are a signing a contract. This week I took the time to research ‘cooling off’ periods for residential real estate sales in each of the States and they vary greatly. This could be why people are not always clear on their rights.

For each type of contract there may be completely different protections. If you are buying a car is there a cooling off period? I don’t know. Signing for a new expensive sound system? Small purchases have different rules.

What I did realise when I talked about this with our staff is how important it is to know BEFORE you sign your name on the dotted line. You need to ask and see it or have it put in writing BEFORE you sign. Most contracts will have rules about cooling off printed on the contract. If you can’t see them ask. Sometimes the print is so small on the back of contracts you can barely read it. Take the time to do so.

Different circumstances for the same type of sale may differ. A sale at auction of a home has no cooling off period for a specified number of days before and after the auction. A private sale next door will have the cooling off allowed in that State.

Be clear on when the cooling period actually ends. We see in movies people rushing in at 5 minutes to midnight – NO. It is usually at the end of the business day. Is that 5.00pm or 5.30pm? Ask. To whom should you send your written decision to not go ahead with the sale. It has to be in writing to protect yourself.

As a finishing thought real estate sale contracts, understand there will be some kind of financial cost of cooling off. That will be explained in the written rules of cooling off. The termination fee can be as high as 0.25% which doesn’t sound that high until you do the sums. On a $500,000 property that is $1,250. Ouch!

So do your deep thinking before you sign.

This applies for signing a residential lease as well. There is no cooling off on a lease. So ask your questions before you sign. Make sure any assurances about what the landlord has undertaken to do are written down and signed by appropriate parties.

Contracts can be made on a handshake or the back of a damp napkin. All is good whilst each side honours these contracts. However, if one side reneges it is much harder to prove what the contract actually was.

A great example is the verbal contract you have with your teenager about cleaning his/her room. He/she says it’s finished and you look in and are shocked as it is nowhere as clean as you expected. Both sides had a completely different definition of ‘clean’. That’s why we have written contracts so that each side is crystal clear on what is expected from the other side. With my son I had a checklist of 15 items that had to be completed before it could be classified as ‘clean’.

So be cautious. Ask if you have the opportunity to cool down. Ask what the consequences, financial or other, are if you do cool down. Make ‘the asking’ your habit ‘before signing’.

 

 

One of Our Worst Nightmares …

A drug house

Lots of people were interested in the drug house blog so we have republished it on this new site.

Police Warnings

There are warnings all over the media. Look out for drug houses. The police send information to managing agents like us. At Planinsek Property we have discussed many times the procedure we need to have in place to make sure that this doesn’t happen to one of our landlord’s property. But it did.

The usual checks were done when the tenants, two adults and a baby, applied for the property. All looked good when the tenancy started. Rent was paid on time. The first inspection was conducted at three months into the tenancy.

Routine Inspections

3 month routine inspection

3 month routine inspection

In Victoria, as in other States, it is legislated how often routine inspections can be conducted. For us it is only once every six months and the first one has to be at least three months after the start of the tenancy. We schedule them at the three and nine month mark.

At the three month routine inspection the usual photos were taken. The property was being well maintained by the tenant. The property manager was pleased.

But then we had to arrange another visit to the property by the company which does the annual checkup of the smoke detectors – another legal requirement.

 

Unscheduled Inspection

Surprise. Surprise.

The fire protection company guy was very quick to tip us off it was a drug house.

IMG_9064The photos are amazing  – four months after the routine inspection. What a before and after. Our staff have learned a lot about what these drug growers do to a building with bypassing electricity meters, running wires through the roof and cutting holes in ceilings. Lots of mess and damage.

Imagine restoring this four bedroom home. Imagine the cost.

If you are an investor the first question I ask you is “Do you have landlord insurance?” The second question is “How much will your policy cover? Is there a shortfall?”

Check Your Insurance

We are not insurance brokers and cannot give advice IMG_9084but we have learned that not all policies are equal as we do many different type of claims on behalf of our landlords and some policies exclude things that other policies cover. So understand your insurance policy.

In this drug house they were growing plants. Had it been the drug ice they were making the house may have had to be destroyed as apparently ice is so toxic it permeates the walls and ceilings.

Freebie to Help You Play It Safe with Blinds

Consumer Affairs Victoria will give you a free safety kit. Give them a call or visit them on the link below.

screen-shot-2016-10-27-at-3-55-51-pm

https://www.consumer.vic.gov.au/shopping/product-safety-for-consumers/curtain-and-blind-cord-safety#free-safety-kit

Tragically, at least 15 Australian children have died in strangling incidents related to blind and curtain cords since the early 1990s, including two Victorian infants late last year.

Wooden and slimline Venetians have been very popular in renovations over the past ten years so there are lots of these cords about.

Children – particularly infants – can become entangled in looped curtain and blind cords. This includes cords they can reach from furniture, beds or cots.

Although safety standards now apply to new curtain or blind cords, you should check all cords in your home to make sure they are safe.

What Property Managers Are Saying …

VCAT is not about justice

Around the office: Lately I have had a couple of very distressed property managers on behalf of their landlords. It seems a tenant can continue to live in a property without paying rent for up to three months just by knowing the system and using it to their  advantage.

My advice to property investors is to  understand how VCAT works and what can  happen there. In that way you are prepared for  the worst and will  understand what your  property manager is doing on your behalf.  Read on to understand what can  happen with rent arrears.

When I first came into real estate  after being school  principal at MLC Junior  School it seemed I was a bit  naïve when it came to VCAT. At the end of the first hearing I attended the member gave his decision and asked if I wanted to add anything. I said that I thought my landlord had not received justice. He smiled and said very politely, “Mrs Planinsek, what makes you think this has anything to do with justice.”

Property Manager - JaydenWhen a tenant doesn’t pay their rent our property managers follow correct procedure and issue a Notice to Vacate as soon as they are legally allowed to. They then apply for a hearing date at VCAT. This can be two to three weeks away (and occasionally longer). So the day of the hearing arrives.

By now the tenant has been living in our landlord’s property for five weeks without paying rent. A couple of times recently the tenants didn’t attend the hearing. We (on behalf of our landlords) were granted possession of the property (i.e. the tenant has to move out). We followed correct procedure with the warrant and police.

This can take one to two weeks depending on the availability of the police. Then surprise, surprise the day the property manager had arranged to attend the property with the police officer the tenant contacts VCAT. They plead their case and VCAT postpones the warrant and sets a new hearing date, which can add an extra couple of weeks. Remember meantime our landlord is still not receiving rent.

One of worst experiences so far is when the tenant did attend the next hearing and was granted a payment plan. The tenant didn’t follow the payment plan and so we had to reopen the file at VCAT and go back again, and again and again. Each time there is a warrant, a time arranged with the police and so on.

One tenant recently made up sicknesses, a death in the family and a couple of other tall tales. She phoned Vcat on the day of the hearing and was granted an extension several times. Not only is the landlord out of pocket until the insurance claim is lodged and paid but we are also wasting so much time going to VCAT with no result. Our managers have also attended a property with the police and a warrant for possesion then discovered the tenant had managed another extension at the 11th hour. Grrrr ….

We have had 3 and 4 appeals by some tenants. They stay in the property the whole time not paying rent. Eventually they will be evicted but in the meantime all the time and money spent on the process is huge. Where is the justice for the landlord? I forgot, VCAT is not about justice! BUT my advice for the prudent property investor is make sure you have landlord insurance which covers all or part of loss of rent.

I am happy to discuss this or other landlord issues or answer questions. Give me a call on 0413 740 917 or drop me an email at toni@planinsekproperty.com.au