Dooley Blog

Can banks really do that?

Thursday, September 15, 2011

A recent article in the Sydney Morning Herald discussed a bank’s recent practice of ‘blacklisting’ certain buildings on which they refuse to lend finance. This means that whilst you have a pre-approval to borrow a specific amount, the bank may later not agree to lend you any money if your ‘perfect place’ happens to be on their blacklist. There are several reasons why a property might end up on a bank’s blacklist, which may change from time to time.

This highlights the importance to ensure that you seek legal advice on your Contract before you sign and have the agent exchange the Contracts to ensure that the appropriate conditions are added to the Contract and so that you have time to obtain an unconditional loan approval from your bank to be certain that you will have the money to complete your intended purchase.

If you are worried about missing out on the property, at worst, you should ensure that when the real estate agent exchanges the contract that you have not waived any cooling off period. This will ensure that you have time to confirm with the bank that they will lend you the money you require to purchase the property. If you are purchasing a property at auction, it is important that you are aware that there is no cooling off period therefore, unless you have previously obtained legal advice and negotiated with the Vendor for the Contract to be ‘subject to finance’, you will be bound to purchase the property whether or not the bank lends you the money.

Spending the time upfront could save you tens of thousands of dollars in lost deposits if you fail to complete a purchase because a bank refuses to lend you the money.

If you would like to discuss your proposed purchase, please contact us.



RSS Recent Posts


Tags

Phoenix companies family law banks entitlements credit ATO directors responsibilities caveat relocation grant online promotions emergency contacts stamp duty long weekend firearms underpayment environment and business Anzac Day Binding Financial Agreement keeping in touch days blacklisted properties police carbon tax Parramatta commercial law property law strata reports mental health issues charity debt recovery Will Awareness Week First Home Owners Grant Breakfast Briefing Series Paid Parental Leave Age Discrimination Commissioner credit card revenge welfare fraud directorship social networking advice workshop Parental Leave Twitter Hills District RTA lost super speeding estate planning seminar community involvement government grant finances animal safety age discrimination Fair Work Australia australian tax office sex discrimination older workers double demerits Australia Day Awards welfare business safe jobs DUI home purchase contractors drive safe Pro Bono Resources Centre living will, codicil rate of pay reverse mortgage divorce financial awareness international public holidays long service leave driver reviver custody criminal law guardianship Q&A's Save Our Sons St Michael's Family Centre public holidays debt online shopping separation ID requirements succession planning getting ready to leave relocation of Parramatta office Consent Orders Citizen of the Year conveyancing fencing disputes neighbourhood disputes insurance top tips mortgage discrimination marriage Centrelink family business power of attorney first home buyers mediation CEO Program law week risks business law traffic Pro Bono Legal Panel events community tax witnessing of documents Norwest NSW Young Lawyers Christmas Facebook energy efficient maternity leave employment law will Family Courts of Australia pest and building inspections business health check FWO mortgages advanced health care directive terms and conditions superannuation mimimum wage de facto relationships redundancy payments Young Lawyers parenting paternity leave ACCC award system sham contracts

Archive