The estate agent’s responsibilities to the buyer

The estate agent’s responsibilities to the buyer

As a buyer, you will not pay an agent for services provided in selling the property.
Buyers may deal with several agents or agent’s representatives, depending on who is handling the sale of the property they are interested in.
You can leave details with one or more agents indicating the type of property you are seeking and an approximate price range. The agent may contact you when suitable properties become available.
As a buyer, you can expect an agent to:
•    take your details and provide advice about relevant properties for sale
•    answer your questions about listed properties
•    arrange inspections
•    provide you with a copy of the vendor’s statement and contract of sale when available
•    communicate genuine offers from you to the seller
•    organise the signing of the contract of sale.

Buyer’s advocates

A buyer’s advocate is a licensed estate agent who, for a fee or commission, acts for a buyer instead of a seller. They can source properties, bid at auction and generally represent a buyer throughout the buying process.

Advertising

An estate agent must not misrepresent the price of a property for sale or lease. The advertised price must be fair and reasonable and reflect the instructions of the seller and the opinion of the agent of the property’s selling price.
Any changes to the seller’s instructions or agent’s opinion during a marketing campaign likely to affect the selling price must be reflected in the advertised price. For example, if a higher offer is made for a property and rejected, the advertised price must be updated unless the seller changes their mind.

The agent-principal relationship

The relationship a seller has with an agent is different to the relationship the agent has with a buyer. Agents must act responsibly and ethically when dealing with both buyers and sellers. But buyers should be aware that the main responsibility of the agent selling the home is to the seller.
Conveyancing, vendor’s statement (section 32), owners corporations and buying off the plan
The transfer of ownership of land from the seller to the buyer is called a conveyance of land. This is usually undertaken with the help of a legal practitioner or conveyancer. Buyers and sellers should engage their own legal practitioner or conveyancer.
Conveyancers
A conveyancer is someone, other than a legal practitioner, who is licensed to undertake property conveyancing work and to do legal work or give legal advice about the transfer of title.
Conveyancers can be engaged by a seller to prepare the vendor’s statement and other legal documentation, such as the contract of sale. They can be engaged by a buyer to check the vendor’s statement, advise on the terms and conditions in the contract of sale and conduct searches.
Licensed conveyancers must have professional indemnity insurance.
Get written quotes before choosing a legal practitioner or conveyancer.


Buyer’s tip

Before you make an offer on a property or bid at an auction, have a legal practitioner or conveyancer carefully check the vendor’s statement. You should also consider getting a building inspection from a qualified building inspector.
Owners corporations
If you buy a unit, flat or apartment, you will be provided with your own certificate of title. However, you are not just purchasing the individual property but also the shared ownership of, and the right to use, common property as set out by the plan of subdivision.
Where a plan of subdivision creates common property, there must be an owners corporation. The owners are referred to as lot owners or members.
As a member of an owners corporation, you have the right to vote on decisions about its operation. You will be required to contribute to costs for repairs, maintenance and insurance for the common property shared with the other lot owners.

Before buying, make sure you carefully check:

•    the cost of being a member of an owners corporation
•    how the owners corporation operates, including whether it uses an owners corporation manager
•    the vendor’s statement
•    the owners corporation certificate, attached to the vendor’s statement, which states whether there are any proposed works, fee increases or potential or existing legal claims affecting the property
•    the plan of subdivision, to determine lot boundaries and common property
•    the contents and conditions of the contract of sale
•    the owners corporation rules
•    any leases or licences of common property
•    minutes of previous annual general meetings.
Buyer’s tip
Buying in an owners corporation means living with common property– and certain rights and responsibilities apply.

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