If you’ve ever tried to muddle your way through the Standard REIQ Contract that is used in property conveyancing process Australia, then you’ve probably been held up by a number of its confusing terms and phrases. Unless you are a conveyancing professional in Brisbane, such contracts can appear to be written in foreign languages. It helps to have a basic understanding of what such contracts are trying to convey, though – and clause three is one you should be clear about.
Clause Three and Finance Approvals
The third clause of the Standard REIQ contract that is used in conveyancing in Gold Coast concerns finance approvals. In order to satisfy the terms of the contract – and to proceed with the transaction – a buyer must have been approved for financing. Unfortunately, many would-be home buyers think that conditional finance approvals are sufficient; they are not. Under the terms of clause three, you must have clear, unconditional approval for financing.
When shopping for a new home, many prospective home buyers get pre-approved by banks and lending institutions. While this can give you a good idea about how much you can afford, and is generally a smart way to proceed, it is not the same as actually obtaining approval for financing. It’s simply a preliminary way to get a feel for what you qualify for in terms of a home loan.
The problem that often occurs is that prospective home buyers obtain pre-approval from a bank or a lending institution and begin shopping for a new home. Upon finding one, they begin the conveyancing process. When confronted with clause three, they inform the seller than it is satisfied because of their pre-approved status. In reality, clause three has not been satisfied. At this point, the seller’s real estate agent or other party informs the buyer that they have not met the terms of clause three, which leaves the buyer feeling completely lost and confused. Of course, buyers who have retained the services of a top-notch conveyancing solicitor don’t have to worry about inadvertently misunderstanding this important clause.
Don’t Be Left in the Dark
In order to satisfy the terms of clause three, you have to have been approved for financing in order to purchase the house in question. This distinction may appear to be simple, but it is also critically important. Failure to understand the terms of this clause can trip up the conveyancing process and make it take much longer than it should. In the meantime, the house that you want could very easily slip between your fingers. For best results, always hire a reputable and experienced conveyancing solicitor to help you navigate the complex and complicated waters of the conveyancing process in Australia.
