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mattwnz

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#281406 16-Feb-2021 01:41
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There is a property that has just come on the market that we are interested in purchasing and is being advertised by the agent as a ‘Deadline Sale, unless sold prior’.

 

Initially we thought this meant that we could therefore submit a written offer before the final deadline sale date, which the vendor may or may not accept it. However after discussing the Deadline Sale Process with the agent, they have said that they are not taking any offers prior to the deadline sale date. They have told us that they don’t want to receive an offer with a price on it prior to either the Deadline Sale date, or unless we are invited to submit one earlier by the agent.  They have said this earlier date may occur if they decide to move the deadline sale date forward, if they think they have enough potentially interested people who are willing to put in an offer, and they don’t want to lose one or more of these potential buyers.

 

It has only come on the market in the last few days, and they have said they want to hold 3 open homes on it and do lots of advertising to maximise the number of potential offers on it. This obviously works to the sellers benefit.

 

So it doesn’t sound like if I was to submit a written offer with a price on it now, that they would present this to the vendor. Although apparently  they must present all written offers to the vendor.  It also means that there is the risk that another buyer  may just put in an offer that  the vendor finds too good to turn down, and other potential buyers may miss out on putting in an offer, if the agent doesn’t let the other buyers know they have received another offer. Although they have said they would let all interested parties know. 

 

Can an agent who is advertising a sale as a ‘Deadline Sale  unless sold prior’, prevent people putting in early offers in writing with a figure on it prior to a deadline sale date?

 

Has anyone purchased a house this way. It seems even worse than a tender, because it forces the situation of a multi offer bid on potential  buyers if they move forward the deadline sale date, and puts more pressure on buyers to submit an offer within a shorter period of time if the date is moved forward.  Whereas if it was a Deadline sale, and it wasn’t  ‘unless sold prior’ then it would be more like a normal tender, which appears more fair, as there may or may not be multiple offers.

 

We were thinking of submitting a very early written offer with a price on it to the agent, which it appears could force the agent to contact all interested parties to also submit a price. Guessing the agent however wouldn't like this after they told us they weren't accepting early offers, even though it is marketed as 'unless sold prior'. 

 

Would be interested in peoples experience with deadline sales, when it is also advertised as 'unless sold prior'. I don't like our chances as I hate these multi hidden offer situations, which are a lot worse than auctions. At least auctions, you know what other people are bidding, and you only have to bid over the next top bid, rather than offering your top price.

 

 


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Handle9
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  #2657208 16-Feb-2021 03:13
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Just tell them you are submitting an offer.

 

If it's owner occupied and they refuse to accept it go round to the house in the evening and put a note in the letter box that you wanted to submit an offer but the agent is refusing to accept it with your phone number on it.




Batman
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  #2657210 16-Feb-2021 06:38
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You can always submit an offer.

But this is what's likely to happen - you (or someone else) offer x dollars on day 1.

Seller uses this number and over the next few weeks pushes the number higher so that at the deadline sale everyone will be pressured to offer a lot more.

Or your offer is so good they will accept it.

BlinkyBill
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  #2657215 16-Feb-2021 07:13
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According to settled.govt.nz you can make an offer, with conditions you like, at any time and the agent must present it when offered. You should have a condition that your offer is confidential to you and the vendor, so the agent doesn’t use it to boost the price.

 

Realistically, in this market your offer will be compared to other offers at the deadline. The ‘unless sold prior’ allows the vendor to sell early if they want, but in this market why would they?




CrashAndBurn
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  #2657262 16-Feb-2021 07:29
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Send your offer and make it clear to the agent that they need to present it. Or as above go directly to the owner and advise them that the REA is telling you not to. It seems to me that the REA is trying to maximize marketing cost in the guise of trying to get the best price. That may be true but it does not mean no offer should be accepted before the deadline as that is where the part "unless sold prior" normally occur.


BlinkyBill
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  #2657271 16-Feb-2021 08:15
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tdgeek:

 

We bought our latest house that way, although it was private, no agent. We were told to put our offer in and on deadline date, the owner will choose which offer to accept, so it was a one off offer, hope for the best. You are forced to put in your top top offer if you really like the place

 

I don't like them. I would rather put in a very good offer then be contacted to say your close but not the highest what can you do. Deadlines are a secret one bid auction, and you are blind. Maybe they are based on forcing people for their maximum offer

 

Id do what Handle said if the agent is playing silly buggers

 

 

you’ve described a tender, not a deadline sale.


trig42
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  #2657272 16-Feb-2021 08:16
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In this market, the agent is doing the right thing.

 

They do have to present the offer, but they are working for the vendor, not for you. Their job is to maximise the selling price. They will probably advise the vendor that this is only an opening offer, and to wait until the deadline for a better one.

 

I was chatting to an agent who has been a family friend for over 40 years, and she was telling me that the market is crazy at the moment, and she prefers to do a full 3-4 weeks marketing and open homes and go to auction (or deadline). She estimates that in this area (outer Auckland) she is getting 2-300k more per house (on an average sale price of 1.2-1.6m) than the agents that are going straight to the vendors (who really know no better and are happy with the offer) with the first offer. This is an agent is is not 'desperate' for a sale, and is working for the vendor, rather than herself. What this is doing in this market is artificially lowering the sale prices, thereby perpetuating lowering vendor expectations.


BlinkyBill
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  #2657286 16-Feb-2021 08:47
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tdgeek:

 

BlinkyBill:

 

you’ve described a tender, not a deadline sale.

 

 

They seem to be very similar, one more formal. Does it matter? 

 

Tenders are opened on tender date, I never mentioned that. You may not be allowed to make more than one tender, never mentioned that either

 

End of the day, the key point is that its a secret auction where you dont know what anyone else has offered, or if there are any or many other offers. Unless the seller decides to advise that, unlike a tender.

 

 

A deadline sale is an offer-and-acceptance period when offers are presented and accepted or not, at any time until the deadline. Vendors can accept or not any offer presented throughout the period.

 

A tender means offers are submitted and only opened, all together, at a specified date and time. The vendor can accept any tender, or not, but only after considering all of the tenders.

 

these are two quite different selling processes.


 
 
 

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BlinkyBill
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  #2657359 16-Feb-2021 10:30
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tdgeek:

 

You're being picky. And based on my post how does my experience equate to a tender?

 

 

I’m trying to provide accurate info to the OP regarding a deadline sale, where he wanted to submit an offer prior to the deadline. You described a tender process which is not the same at all as a deadline sale, and which is inaccurate regarding the OP’s query.

 

 


tdgeek
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  #2657366 16-Feb-2021 10:36
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Sure. Typical pedantic derailing as happens too often.

 

Edit

 

Deleted my posts, I cant be bothered. See this too often here. Pick pick pick, look at me, etc


antonknee
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  #2657369 16-Feb-2021 10:43
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Ah pedantry... but technically correct is the best kind of correct and potentially that would have a different outcome for OP.

 

They all suck as methods to buy IMO - classic price by negotiation with the requisite homework is the far superior way to buy and sell things worth hundreds of thousands of dollars. When I'm supreme dictator none of this claptrap, secret squirrel, auction-by-another-name (or auctions for that matter actually) rubbish will be allowed!


tdgeek
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  #2657375 16-Feb-2021 10:54
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antonknee:

 

Ah pedantry... but technically correct is the best kind of correct and potentially that would have a different outcome for OP.

 

They all suck as methods to buy IMO - classic price by negotiation with the requisite homework is the far superior way to buy and sell things worth hundreds of thousands of dollars. When I'm supreme dictator none of this claptrap, secret squirrel, auction-by-another-name (or auctions for that matter actually) rubbish will be allowed!

 

 

The OP's query is a general query about deadline sales, it wasnt a need to specify the differences between a tender and a deadline sale, which is actually a form of tender.

 

There are three types of sales, auction, tender, private agreement. That's it. OP was referring to a tender, in his case the less restrictive deadline sale form. Its not a different sales process at all, as has been stated, all of which is not relevant as its very clear what his context was. But as often happens a derailment. 


mattwnz

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  #2657594 16-Feb-2021 15:15
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trig42:

In this market, the agent is doing the right thing.


They do have to present the offer, but they are working for the vendor, not for you. Their job is to maximise the selling price. They will probably advise the vendor that this is only an opening offer, and to wait until the deadline for a better one.


I was chatting to an agent who has been a family friend for over 40 years, and she was telling me that the market is crazy at the moment, and she prefers to do a full 3-4 weeks marketing and open homes and go to auction (or deadline). She estimates that in this area (outer Auckland) she is getting 2-300k more per house (on an average sale price of 1.2-1.6m) than the agents that are going straight to the vendors (who really know no better and are happy with the offer) with the first offer. This is an agent is is not 'desperate' for a sale, and is working for the vendor, rather than herself. What this is doing in this market is artificially lowering the sale prices, thereby perpetuating lowering vendor expectations.



Although one could argue that the market has been artifically inflated by the current circumstances, so isn't operating normally . Agents do seem to be desperate for listings at the moment as there is a lack of supply on the market, so they may want to maximise their commission by getting the highest piece they can. Certainly this sort of rapid growth aren't normal conditions and the PM has said the huge rises aren't sustainable. Eg a lack of supply, cheap money, FOMO largely driven by the media etc. It must also be quite a worry for people moving and wanting to buy and sell in the same market because of the potential for huge price variations between what they are buying and selling. Quite a few sales I have noticed recently are conditional on the buyer selling their house, which shouldn't be difficult at the moment but the selling price they need to get may be a factor
As a FHB I probably need to accept that this may not be the best time to buy due to how mad and illogical the market is, even though it is a good house and they don't come along too often. But I also don't want to pay more than it is worth. Eg more than I can build the same home for in the same area with the same land, when this house is about 15 years old and needs work and repainting outside and in and new carpet. Excluding the land value, the price I was going to offer was about 3500-4000 per sqm metre without being conditional on much. This is above the homes top estimate. But I know the agent expects to get even more than this. The new RV has also just come out and is inline with the homes middle estimate.



mattwnz

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  #2657601 16-Feb-2021 15:25
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Batman: You can always submit an offer.

But this is what's likely to happen - you (or someone else) offer x dollars on day 1.

Seller uses this number and over the next few weeks pushes the number higher so that at the deadline sale everyone will be pressured to offer a lot more.

Or your offer is so good they will accept it.


My concern is that someone else may do this and then the vendor accepts it, and I thennever had the chance to put in the offer, because the agent said that they aren't accepting offers before the deadline date. I have previously missed out on a house because the agent didn't advise me when they received an offer, and it was accepted, and I was awaiting the agent to provide me with information on covenants prior to putting in an offer which they never provided. So I don't have much faith in agents.
Even though in this case it does say in the marketing that it is 'unless sold prior via private treaty ' . Going by what the agent said , someone putting in an offer could force the agent to contact all interested parties to then also submit their best offer so they also have an opportunity to buy it, which currently may only be a few other parties. But the longer it is marketed for, the more people will see the property.

duckDecoy
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  #2657604 16-Feb-2021 15:35
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mattwnz:

 Excluding the land value, the price I was going to offer was about 3500-4000 per sqm metre without being conditional on much.

 

That seems a lot higher than the cost to build https://www.canstar.co.nz/home-loans/otago-expensive-region-build-new-nz-home/

 

 

 

Could buying land and building be an option?  It might mean waiting longer though.


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