Today shit came to a head.
The woman that came this morning was deadly serious. She loved the apartment at 1st sight. She wanted it and placed an offer, after some haggling, of $450k. She came with her boss, who gave me a cheque for $1,000 as a 'holding deposit'.
I had asked my conveyancer about the holding deposit and it's implications. It is simply a gesture of good faith, and according to my conveyancer, the only legal implication is that "it makes you feel warm and fuzzy inside."
Nobody is obliged to do anything unless a contract is signed by both parties.
So, after they left, I called my wife and gave her the good news. We were happy with the result. It was what I had expected, at least for the last 2 weeks.
But wait, there was more.
Subsequently, I called the other couple who had offered $440k and told them that I was taking the apartment off the market because I had received this offer. She immediately said she would come up to $455k.
I was in a dilemma. Of course, I'd go with the highest bidder, but I also felt terrible as I had reached an understanding with the young lady earlier, although we both knew that legally there was no obligation on either party. For example, if her finance was not approved, I would have had to return the 'holding deposit' and the only thing I would have been left holding is my own dick.
As my conveyancer said, both parties can walk away unless a contract is signed (despite providing/receiving the 'holding deposit') and I would simply have to return the cheque if that had happened.
So I went back to the young lady, apologised and told her that my intention was to inform the other party, as a matter of courtesy, that I had received her superior offer which I intended to take - and I was about to take the property off the market. She shot back with a counter-offer of $458k. I think she said that was as high as she could go, although I can't recall exactly what she said.
So I went back to the older couple, and they came back with their final offer of $460k.
I told them we had a deal. I returned the $1,000 cheque to the young lady's boss (and copped a spray of insults from him for reneging on a verbal contract, failing to keep my word and a whole host of other things).
I emailed my agents and asked them to change the status of my apartment on the online ads to "Under Offer" and told them that the property was off the market.
After speaking to my conveyancer again, I called the couple and had a good chat. I told her that I had been advised to take certain actions by my conveyancer, and emailed her the following:
1. Exchange contracts tomorrow;
2. Contract to be subject to a cooling-off period of 5 working days;
3. Purchaser to provide a cheque made out to "X Conveyancing Trust Account" equivalent to 0.25% of the purchase price (i.e. 0.25% of $460,000 = $1,150);
4. Vendor to take the property off the market (pending the contract becoming unconditional);
5. Deposit of 5% to be paid to "X Conveyancing Trust Account" at the conclusion of the cooling-off period;
6. Balance to be paid on settlement (after subtracting the amounts held in the Trust Account).
The 0.25% is basically mine to keep if, once the contract is signed and exchanged, the purchaser pulls out for whatever reason. They are given 5 working days to carry out their due diligence and searches. This can be extended if the purchaser requests and both parties agree.
Nothing as been signed as yet (they are going to come to Sydney tomorrow to see their lawyer and meet with me), and the party is never over until the fat lady has belted out some tunes, but it looks like we are there. I am extremely happy with $460k. If we had gone to auction I probably could have achieved $470k to $480k, but an auction has it's risks, and buyers like me almost always stay away from them.
Going back and forth between the two bidders was the ugliest part of the exercise. My wife kept saying to me "be firm - we're not here to be liked", which is true (if not profound). But it was the hardest part, especially when the younger lady became emotional and tried to impress upon me the difficult situation she was in. She really needed to settle down.
I felt sorry for her, I really did. But I don't think anybody, much less a stranger, would hand me $10,000 just because they felt sorry for me. So why should I do that for her?
When the dust has settled, we must realise that life itself is a competition. You don't always win. I have been on the receiving end of many disappointments myself. You simply have to 'pick yourself up, dust yourself off' and get on with it. You learn from experience.
I am just happy that I have managed to do this without using Real Estate Agents. They are bastards of the highest order. And unless they get a kick in the arse (and in their wallets) they will continue to take advantage of people. It is literally how they make their living.
I hope people reading this will get some ideas, some confidence, and at least try to sell their properties privately. I read a quote a long time ago that went something like this:
"Whether you think you can, or you think you can't - you're right."
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