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Private Sale

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1

I'm looking at a private sale on my house, I've done my due diligence of appraisal and a house sold down the road. Anything I need to be aware of with the contract? Its a cash offer, no conditions, can't get any easier, so I just think all I need a deposit, settlement dates and no real need to worry about a lawyer. Of course, its done a sales and purchase agreement. The guy is a real estate agent friend and he said we state that it will contain the wording of "private treaty". I think I have it all covered but thought I'd ask here anyway....

knoxy2006 - 2021-05-14 14:24:00
2
knoxy2006 wrote:

I'm looking at a private sale on my house, I've done my due diligence of appraisal and a house sold down the road. Anything I need to be aware of with the contract? Its a cash offer, no conditions, can't get any easier, so I just think all I need a deposit, settlement dates and no real need to worry about a lawyer. Of course, its done a sales and purchase agreement. The guy is a real estate agent friend and he said we state that it will contain the wording of "private treaty". I think I have it all covered but thought I'd ask here anyway....

Stop stop stop. Get a flipping lawyer for god's sake.

sparkychap - 2021-05-14 14:36:00
3
knoxy2006 wrote:

I'm looking at a private sale on my house, I've done my due diligence of appraisal and a house sold down the road. Anything I need to be aware of with the contract? Its a cash offer, no conditions, can't get any easier, so I just think all I need a deposit, settlement dates and no real need to worry about a lawyer. Of course, its done a sales and purchase agreement. The guy is a real estate agent friend and he said we state that it will contain the wording of "private treaty". I think I have it all covered but thought I'd ask here anyway....

What could possibly go wrong?

Immediate thoughts: How did the agent discover the property was for sale?

Do you understand the vendor warranties and your disclosure obligations?

About 101 other things too.

johnston - 2021-05-14 14:42:00
4
johnston wrote:

What could possibly go wrong? Sales doesn't go through, but I have a deposit.

Immediate thoughts: How did the agent discover the property was for sale?Best friend to a work colleague.

Do you understand the vendor warranties and your disclosure obligations?
yes to vendor warranties but not sure about the disclosure obligations, I'll review and discuss them.
About 101 other things too.

yeah that why I'm working through it. Lawyer at a grand might be easier.....

knoxy2006 - 2021-05-14 14:56:00
5
knoxy2006 wrote:

yeah that why I'm working through it. Lawyer at a grand might be easier.....

Get the purchasers lawyer to draw up the contract and submit it to your lawyer, best $1000 you will invest in your own security.

jeffqv - 2021-05-14 15:15:00
6

This real estate agent "friend"... is he / she expecting to be able to "clip the ticket" as the transaction unfolds ???
Assuming the buyer is using a lawyer, they will want the deposit to go into some sort of trust account, pending settlement.. you say "no conditions".. is this the buyer saying this, or has there lawyer said they will not be adding / insert any clauses to the standard S&P or deleting / changing any ??

onl_148 - 2021-05-14 15:17:00
7
knoxy2006 wrote:

I'm looking at a private sale on my house, I've done my due diligence of appraisal and a house sold down the road. Anything I need to be aware of with the contract? Its a cash offer, no conditions, can't get any easier, so I just think all I need a deposit, settlement dates and no real need to worry about a lawyer. Of course, its done a sales and purchase agreement. The guy is a real estate agent friend and he said we state that it will contain the wording of "private treaty". I think I have it all covered but thought I'd ask here anyway....

So, so, so many alarm bells in one little post.

desi1969 - 2021-05-14 15:42:00
8
onl_148 wrote:

This real estate agent "friend"... is he / she expecting to be able to "clip the ticket" as the transaction unfolds ??? NO NOT AT ALL - THIS WAS OUTLINED AT THE START BEFORE PRESENTING A VERBAL OFFER FOR OUR CONSIDERATION.
Assuming the buyer is using a lawyer, they will want the deposit to go into some sort of trust account, pending settlement.. NOT SURE UP FOR DISCUSSION you say "no conditions".. is this the buyer CORRECT saying this, or has there lawyer said they will not be adding/insert any clauses to the standard S&P or deleting / changing any ??

I EXPECT A CLEAN CONTRACT AS WE WORK THROUGH IT. I HAVE MY CONTRACT FOR THE HOUSE I JUST PURCHASED, I EXPECT THEM TO BE IDENTICAL APART FOR THE OBVIOUS CHANGES.

knoxy2006 - 2021-05-14 16:15:00
9
desi1969 wrote:

So, so, so many alarm bells in one little post.

POSSIBLY ON THE FACE OF IT, BUT WITH AN AGENT VIEWING, THEN WITH THE WIFE ALSO VIEWING, SMALL TALK ON BOTH CAMPS WITH A VERBAL OFFER PRESENTED THE NEXT DAY, IT SEEMS ALL GENUINE. I GET A CLEAN CONTRACT WITH ALL THE RIGHT BOXES FILLED IN. I SHOULD BE FINE. I HADNT THOUGHT OF THE DEPOSIT GOING INTO A TRUST, I HAD ASSUMED MY OWN ACCOUNT, BUT A TRUST PROTECTS BOTH PARTIES. IF IT GOES INTO MY ACCOUNT THEN YOU GOT TO SAY ALL PARTIES ARE TRYING TO DO IT BEST FOR EACH OTHER. TIME WILL TELL.

knoxy2006 - 2021-05-14 16:21:00
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I thought it was NZ Sign Language week not NZ Shouting Week.

sparkychap - 2021-05-14 16:33:00
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sparkychap wrote:

I thought it was NZ Sign Language week not NZ Shouting Week.

Gone deaf!

jeffqv - 2021-05-14 16:35:00
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How did the agent know you wanted to sell?

sparkychap - 2021-05-14 16:36:00
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jeffqv wrote:

Gone Mutt ‘n Jeff!

there fixed that for ya

sparkychap - 2021-05-14 16:38:00
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sparkychap wrote:

there fixed that for ya

Sooo kind! Have a great weekend

jeffqv - 2021-05-14 16:40:00
15

Nah, this be a trolling thread.

apollo11 - 2021-05-14 17:03:00
16

Good on ya knozy2006, if your happy with the price then very simple, get your lawyer to cover your ass for the paper work, 2 heads better than one, we did this 20 years ago, was no problems, read and read again.

msigg - 2021-05-14 17:19:00
17
apollo11 wrote:

Nah, this be a trolling thread.

no, recent threads on commission and how to sell a house…

sparkychap - 2021-05-14 17:34:00
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knoxy2006 wrote:

I'm looking at a private sale on my house, I've done my due diligence of appraisal and a house sold down the road. Anything I need to be aware of with the contract? Its a cash offer, no conditions, can't get any easier, so I just think all I need a deposit, settlement dates and no real need to worry about a lawyer. Of course, its done a sales and purchase agreement. The guy is a real estate agent friend and he said we state that it will contain the wording of "private treaty". I think I have it all covered but thought I'd ask here anyway....

You don’t need a sales and purchase agreement. The back of an envelope will be fine.

committed - 2021-05-14 17:38:00
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apollo11 wrote:

Nah, this be a trolling thread.


From Rotorua?

orphic1 - 2021-05-14 17:51:00
20
sparkychap wrote:

no, recent threads on commission and how to sell a house…


I wish them luck. You know the rest.

apollo11 - 2021-05-14 17:53:00
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apollo11 wrote:


I wish them luck. You know the rest.


.

orphic1 - 2021-05-14 17:59:00
22

A private sale can work well but NOT WITHOUT LEGAL ADVICE. We bought a house privately a few years ago and our lawyer plus the seller's lawyer worked together to make sure all was above board. Well worth the money.

kitty179 - 2021-05-14 18:01:00
23

do you know how to do a title search? and the million other things a lawyer checks in the background? no? please, please do yourself a favour.

kittylittle - 2021-05-14 18:04:00
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knoxy2006 wrote:

I'm looking at a private sale on my house, I've done my due diligence of appraisal and a house sold down the road. Anything I need to be aware of with the contract? Its a cash offer, no conditions, can't get any easier, so I just think all I need a deposit, settlement dates and no real need to worry about a lawyer. Of course, its done a sales and purchase agreement. The guy is a real estate agent friend and he said we state that it will contain the wording of "private treaty". I think I have it all covered but thought I'd ask here anyway....

when you actually go to sell the property and buy another property how is that going to happen for you. Do you think you can do this somehow.?

gabbysnana - 2021-05-14 18:20:00
25
orphic1 wrote:


From Rotorua?

No Awapuni

sparkychap - 2021-05-14 18:29:00
26

I'm pretty sure the OP is just asking around legal advise around the contract - don't think they actually hoped to discharge their mortgage and register a change of ownership with LINZ on their own....

I hope.

sparkychap - 2021-05-14 18:32:00
27
sparkychap wrote:

I thought it was NZ Sign Language week not NZ Shouting Week.

They had to shout because the warning bells were so load.

gamefisher - 2021-05-14 19:11:00
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gamefisher wrote:

They had to shout because the warning bells were so load.

very good game fisher, very good

Edited by sparkychap at 7:17 pm, Fri 14 May

sparkychap - 2021-05-14 19:17:00
29
sparkychap wrote:

very good game fisher, very good

Was until the last word

superdave0_13 - 2021-05-14 19:20:00
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superdave0_13 wrote:

Was until the last word

everyone’s aloud to make one spelling error

sparkychap - 2021-05-14 19:27:00
31
sparkychap wrote:

everyone’s aloud to make one spelling error

groan.

pcle - 2021-05-14 19:33:00
32
pcle wrote:

grown.

That would have been better.

sparkychap - 2021-05-14 20:05:00
33
sparkychap wrote:

No Awapuni

But will a fire truck be able to fit through the folly.

trouser - 2021-05-14 23:17:00
34

I smell a rat with this agent. Possibly going to resell for a big profit.

ginks - 2021-05-15 10:18:00
35
ginks wrote:

I smell a rat with this agent. Possibly going to resell for a big profit.

I asked the question at #3 but it remains unanswered.

johnston - 2021-05-15 11:28:00
36

OP may have lost potentially tens of thousands of dollars by not using an agent, especially with prices going up so fast, and then tries to 'bare bones' the paperwork side. There is a point where frugality becomes it's own worst enemy.

apollo11 - 2021-05-15 12:04:00
37

Saving 41,000 against potential losses of $XX,000. Sounds sensible?

amasser - 2021-05-15 13:57:00
38
jeffqv wrote:

Get the purchasers lawyer to draw up the contract and submit it to your lawyer, best $1000 you will invest in your own security.

But do read through the contract thoroughly yourself - don't just rely on 'your' lawyer looking at it and saying 'all good'. If you have any questions about anything ask your lawyer to explain even if it is just a definition of a term in the small print - to easy to assume everything is fine, until something turns a little pear shaped and you find that no - you don't have any comeback.

brouser3 - 2021-05-16 13:52:00
39
kittylittle wrote:

do you know how to do a title search? and the million other things a lawyer checks in the background? no? please, please do yourself a favour.

Doing a 'title search' is the easy bit. Knowing how to read it and understand what things like caveats, easements, etc etc mean is the hard bit - and honestly most 'simple residential sale' practitioners don't pay much attention to researching the backgrounds of that stuff - and do even less research into District Plan stuff and how it can all tie in and effect the property.

brouser3 - 2021-05-16 13:57:00
40
ginks wrote:

I smell a rat with this agent. Possibly going to resell for a big profit.

That was my first thought also

familiadude1 - 2021-05-17 10:06:00
41

As Johnston said further up the thread......re this private sale.

'What could possibly go wrong?'

shanreagh - 2021-05-17 10:15:00
42
knoxy2006 wrote:

POSSIBLY ON THE FACE OF IT, BUT WITH AN AGENT VIEWING, THEN WITH THE WIFE ALSO VIEWING, SMALL TALK ON BOTH CAMPS WITH A VERBAL OFFER PRESENTED THE NEXT DAY, IT SEEMS ALL GENUINE. I GET A CLEAN CONTRACT WITH ALL THE RIGHT BOXES FILLED IN. I SHOULD BE FINE. I HADNT THOUGHT OF THE DEPOSIT GOING INTO A TRUST, I HAD ASSUMED MY OWN ACCOUNT, BUT A TRUST PROTECTS BOTH PARTIES. IF IT GOES INTO MY ACCOUNT THEN YOU GOT TO SAY ALL PARTIES ARE TRYING TO DO IT BEST FOR EACH OTHER. TIME WILL TELL.

OMG the wife’s know

travlr - 2021-05-18 16:44:00
43

Ordinarily if an agent wants to buy a home they have to get a registered valuation to ensure a fair independant market value, you would hate for them to buy it, change their minds and remarket it for more.

shorebee - 2021-05-19 13:29:00
44
shorebee wrote:

Ordinarily if an agent wants to buy a home they have to get a registered valuation to ensure a fair independant market value, you would hate for them to buy it, change their minds and remarket it for more.

Only if listed with their agency but ...

johnston - 2021-05-19 13:37:00
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