fran61

New member
Jan 12, 2024
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Help with legal advice to sell

Hi there

A good friend of mine has land/property he wants to sell after inherting it from an aunt

He doesn't have money and can't keep up with rates etc he lives on a low government payment and the council is moving
In on him as there's no plumbing so he is not allowed to live there..
and it's come to couch living and maybe being homeless soon

So it's come to the sad decision to sell it
He wanted so much to hold onto it for the future , but the reality of not having any money he can't do it.. ( he hasn't been able to work for 15 years )
He has become. So I'll and overwhelmed with this I worry myself he has been in hospital 3 times.. over it
My question is...
He has no idea , neither do I where to start or seek help.. eg; are there services for seniors in this situation about selling and how to go about it...that's not going to cost a crazy amount eg lawyers, money he will need
He's not asking for anything
But is there a organganisation that will help in lawns trees chopping.. trips to the tips etc as the aunty left alot of tools etc it's just crazy.
Thankyou in advance if you can give any advice I'd much appreciate it
 
My nephew in Melbourne inherited his grandma's house on her death. He paid taxes on it for title, and then sold it through a real estate the normal way. He then bought a unit with the proceeds.
The house was rundown, and falling apart, the value was land only. Nephew was on medical benefits with crntrelink. No lawyers were involved as far as I'm aware. Centrelink had no issues with the funds as long as they earned no interest, as an investment, and were spent on a new residence.
 
Don't let him worry too much about the Clean up. The property can be sold "as is" and any bargain hunter will snap it up in these times.
All that is necessary is to call a Real estate Agent located near the property (who has local knowledge of the market), and the agent will come to the property at an agreed time to meet the seller and at that time seller will be given an estimate of his property's worth.

Importantly there are NO UPFRONT FEES for selling a property.
After the sale completes - 2 months usually, part of the purchase price (usually 3% of property value) will be deducted from the sale proceeds as Real estate agent fees.

Note: For a sale to be concluded successfully, a Council Rates notice will come in handy. As part of property ownership transfer the Rates account is transferred to buyer and so any unpaid rates will be deducted from sale proceeds too.
Prior to advertising for sale the Agent can quote the rates value to potential buyers if seller/vendor has a copy.
* On the rates notice there will be a valuation of the property's net worth. Try to ensure that valuation or a much higher sum is reflected in the advertised price. Many properties are worth many tens of thousands of dollars more than what is on a Rates Notice.

* If vendor/seller wishes to clean up the property there are many agencies who do what is termed a "vacate clean". Just search on google for Vacate cleaners.

* For a sale to finalize, your friend will need a legal representative in the form of either a Solicitor ($2,000) or a Conveyancing Agent who specialize in property transfers. These representatives manage the change of name on property title, rates, transfer of money etc.
Conveyancers are people who have only studied the aspect of property changeover in a legal sense and have not completed a full law degree. They are cheaper by a few hundred dollars but they not as savvy as lawyers and often it's wiser to just pay more for a that more qualified representative. I was burned by a conveyancer selling my last property and the sale process dragged on for 12 weeks instead of the agreed 8 weeks. That cost me an extra $1,200 in holding fees, insurance, and maintenance and rates fees. I would always use a lawyer in future. The difference in cost may be significant but lawyers will argue your case more successfully when it comes to Vendor or Buyer rights and will resolve any problems which may arise if anything is found to be not up to standard - for example if electrical is found to be faulty.
* It is important to note that a vacant property is expected. That means no objects, furniture, rubbish is to be left on site. If there is any mess, then that is what the lawyers argue about. It will cost your friend if he leaves any mess there. Buyer can ask any ridiculous amount for rubbish being left but your friend's legal representative will argue to get the cost reduced and hence make his fees worth it :)
Rubbish may bring the Original asking price down too. So, since the property has to be left clean, he may as well clean it before it is advertised for sale! that way he can get a better/higher asking price to begin with :)

Conveyancer and solicitors fees are deducted from sales proceeds AFTER the sale money is transferred to vendor too. It's the solicitor/conveyancer who actually transfers the remaining money into your friend's bank account. Money is usually transferred a few weeks after SETTLEMENT = the day the property Title actually changes names.

Importantly your friend needs to be savvy enough to request his real Estate Agent makes sure the bidders and buyers have "Pre-approved" finance or are paying Cash and have PROOF OF FUNDS.
I once had a buyer I had accepted an offer from who then kept saying "we are looking for funding" and the valuation from their mortgage bank property valuer was under my agreed price, so the finance was not approved. These people kept insisting they were "looking at other brokers" for 6 months! My property was empty the entire time, my agent kept insisting "these are your buyers" and in the end these "buyers' admitted they did not have enough money.
That was a reflection of the bad agent I had at the time - he did not screen them financially and he was not savvy enough to tell them they should not request the extra $20,000 they wanted over the cost of the house for "wanted renovations". Of course their bank refused them as the house was not yet renovated and as such was not worth as much as the requested loan. To me that's foolish buyers and a foolish agent. That cost me $6,000 in holding the property for them. So, get an intelligent experienced agent who actually cares.

So, in summary there are NO upfront fees or costs other than any clean up and clean out fees prior to receiving the sale income.
Actually any clean up does not really have to be done in the intervening standard 2 month period of sale transfer time but rubbish will lower the listed price.

If your friend absolutely CANNOT remove all rubbish and clean out the property to look spick and span, then the legal representative (post Acceptance of "Offer to buy" and real estate agent (Prior to Acceptance of Offer to Buy) negotiate a reduction in sold/valued price on behalf of the Vendor/seller. BUT MAKE SURE that "assorted sundry items remaining on site" is is the CONTRACT OF SALE TERMS. That way the BUYER AGREES to the rubbish being there and cannot charge extra for the problem .
Get your friend (to request his lawyer) to request buyer to get home insurance immediately - while the property is under what is termed "under offer". "Under Offer" is the period of time between Vendor/seller's Acceptance of a good agreed price from a buyer and the time that it takes for legal documents to be lodged at the Titles office and councils etc.
The Money does not actually get transferred into your friend's bank account until "Settlement day" - some 8 weeks after the offer is accepted.

Advise your friend to expect a good price and to not allow bullying from an agent keen to just get his 3 % commission on the sale.
Get him to call 3 different agents and have them come inspect the property and give an instant valuation of property worth along with a quote of their charges. Most agents charge extra for advertising (but that's essential to get a sale) , photographs, and other ridiculous charges.

For instance my last sold property worth only $275,000 cost me $8,000 in Agent fees then an extra $300 for photos (that were provided by me!), $300 for internet advertising and something else for $200. So get a TOTAL fee estimate. I was originally told "3% fee" but extra fees turned up! I was deceived by my agent and also my conveyancer who charged $1,800 for just doing 1 hour 30 minutes work, who did not answer emails, who did not defend me when the buyers solicitor wanted price reductions for no water tank - etc etc and who took a Covid holiday which cost me that extra $1,200 in holding expenses as the wait time for completion to Settlement Date was drawn out.
Also advise your friend to ask the real estate Agent to ensure the property is advertised on the internet. That way many more prospective buyers will view the advertisement.
* Tell your friend that he needs to have a copy of his rates bill, and that once an offer (via the agent) is accepted that he will need to attend the conveyancers/solicitor's Office to sign a CONTRACT of Sale. This happens within the first few days of agreed sale, but it can be CANCELLED by either party at any time BEFORE SETTLEMENT. Later on he will need to pop to the Solicitor/Conveyancer to sign assorted Change of Title deeds. A few visits to the Office, that's all.
Good luck.
 
Last edited:
Don't let him worry too much about the Clean up. The property can be sold "as is" and any bargain hunter will snap it up in these times.
All that is necessary is to call a Real estate Agent located near the property (who has local knowledge of the market), and the agent will come to the property at an agreed time to meet the seller and at that time seller will be given an estimate of his property's worth.

Importantly there are NO UPFRONT FEES for selling a property.
After the sale completes - 2 months usually, part of the purchase price (usually 3% of property value) will be deducted from the sale proceeds as Real estate agent fees.

Note: For a sale to be concluded successfully, a Council Rates notice will come in handy. As part of property ownership transfer the Rates account is transferred to buyer and so any unpaid rates will be deducted from sale proceeds too.
Prior to advertising for sale the Agent can quote the rates value to potential buyers if seller/vendor has a copy.
* On the rates notice there will be a valuation of the property's net worth. Try to ensure that valuation or a much higher sum is reflected in the advertised price. Many properties are worth many tens of thousands of dollars more than what is on a Rates Notice.

* If vendor/seller wishes to clean up the property there are many agencies who do what is termed a "vacate clean". Just search on google for Vacate cleaners.

* For a sale to finalize, your friend will need a legal representative in the form of either a Solicitor ($2,000) or a Conveyancing Agent who specialize in property transfers. These representatives manage the change of name on property title, rates, transfer of money etc.
Conveyancers are people who have only studied the aspect of property changeover in a legal sense and have not completed a full law degree. They are cheaper by a few hundred dollars but they not as savvy as lawyers and often it's wiser to just pay more for a that more qualified representative. I was burned by a conveyancer selling my last property and the sale process dragged on for 12 weeks instead of the agreed 8 weeks. That cost me an extra $1,200 in holding fees, insurance, and maintenance and rates fees. I would always use a lawyer in future. The difference in cost may be significant but lawyers will argue your case more successfully when it comes to Vendor or Buyer rights and will resolve any problems which may arise if anything is found to be not up to standard - for example if electrical is found to be faulty.
* It is important to note that a vacant property is expected. That means no objects, furniture, rubbish is to be left on site. If there is any mess, then that is what the lawyers argue about. It will cost your friend if he leaves any mess there. Buyer can ask any ridiculous amount for rubbish being left but your friend's legal representative will argue to get the cost reduced and hence make his fees worth it :)
Rubbish may bring the Original asking price down too. So, since the property has to be left clean, he may as well clean it before it is advertised for sale! that way he can get a better/higher asking price to begin with :)

Conveyancer and solicitors fees are deducted from sales proceeds AFTER the sale money is transferred to vendor too. It's the solicitor/conveyancer who actually transfers the remaining money into your friend's bank account. Money is usually transferred a few weeks after SETTLEMENT = the day the property Title actually changes names.

Importantly your friend needs to be savvy enough to request his real Estate Agent makes sure the bidders and buyers have "Pre-approved" finance or are paying Cash and have PROOF OF FUNDS.
I once had a buyer I had accepted an offer from who then kept saying "we are looking for funding" and the valuation from their mortgage bank property valuer was under my agreed price, so the finance was not approved. These people kept insisting they were "looking at other brokers" for 6 months! My property was empty the entire time, my agent kept insisting "these are your buyers" and in the end these "buyers' admitted they did not have enough money.
That was a reflection of the bad agent I had at the time - he did not screen them financially and he was not savvy enough to tell them they should not request the extra $20,000 they wanted over the cost of the house for "wanted renovations". Of course their bank refused them as the house was not yet renovated and as such was not worth as much as the requested loan. To me that's foolish buyers and a foolish agent. That cost me $6,000 in holding the property for them. So, get an intelligent experienced agent who actually cares.

So, in summary there are NO upfront fees or costs other than any clean up and clean out fees prior to receiving the sale income.
Actually any clean up does not really have to be done in the intervening standard 2 month period of sale transfer time but rubbish will lower the listed price.

If your friend absolutely CANNOT remove all rubbish and clean out the property to look spick and span, then the legal representative (post Acceptance of "Offer to buy" and real estate agent (Prior to Acceptance of Offer to Buy) negotiate a reduction in sold/valued price on behalf of the Vendor/seller. BUT MAKE SURE that "assorted sundry items remaining on site" is is the CONTRACT OF SALE TERMS. That way the BUYER AGREES to the rubbish being there and cannot charge extra for the problem .
Get your friend (to request his lawyer) to request buyer to get home insurance immediately - while the property is under what is termed "under offer". "Under Offer" is the period of time between Vendor/seller's Acceptance of a good agreed price from a buyer and the time that it takes for legal documents to be lodged at the Titles office and councils etc.
The Money does not actually get transferred into your friend's bank account until "Settlement day" - some 8 weeks after the offer is accepted.

Advise your friend to expect a good price and to not allow bullying from an agent keen to just get his 3 % commission on the sale.
Get him to call 3 different agents and have them come inspect the property and give an instant valuation of property worth along with a quote of their charges. Most agents charge extra for advertising (but that's essential to get a sale) , photographs, and other ridiculous charges.

For instance my last sold property worth only $275,000 cost me $8,000 in Agent fees then an extra $300 for photos (that were provided by me!), $300 for internet advertising and something else for $200. So get a TOTAL fee estimate. I was originally told "3% fee" but extra fees turned up! I was deceived by my agent and also my conveyancer who charged $1,800 for just doing 1 hour 30 minutes work, who did not answer emails, who did not defend me when the buyers solicitor wanted price reductions for no water tank - etc etc and who took a Covid holiday which cost me that extra $1,200 in holding expenses as the wait time for completion to Settlement Date was drawn out.
Also advise your friend to ask the real estate Agent to ensure the property is advertised on the internet. That way many more prospective buyers will view the advertisement.
* Tell your friend that he needs to have a copy of his rates bill, and that once an offer (via the agent) is accepted that he will need to attend the conveyancers/solicitor's Office to sign a CONTRACT of Sale. This happens within the first few days of agreed sale, but it can be CANCELLED by either party at any time BEFORE SETTLEMENT. Later on he will need to pop to the Solicitor/Conveyancer to sign assorted Change of Title deeds. A few visits to the Office, that's all.
Good luck.
What a generous and helpful reply. 💐
 
Don't let him worry too much about the Clean up. The property can be sold "as is" and any bargain hunter will snap it up in these times.
All that is necessary is to call a Real estate Agent located near the property (who has local knowledge of the market), and the agent will come to the property at an agreed time to meet the seller and at that time seller will be given an estimate of his property's worth.

Importantly there are NO UPFRONT FEES for selling a property.
After the sale completes - 2 months usually, part of the purchase price (usually 3% of property value) will be deducted from the sale proceeds as Real estate agent fees.

Note: For a sale to be concluded successfully, a Council Rates notice will come in handy. As part of property ownership transfer the Rates account is transferred to buyer and so any unpaid rates will be deducted from sale proceeds too.
Prior to advertising for sale the Agent can quote the rates value to potential buyers if seller/vendor has a copy.
* On the rates notice there will be a valuation of the property's net worth. Try to ensure that valuation or a much higher sum is reflected in the advertised price. Many properties are worth many tens of thousands of dollars more than what is on a Rates Notice.

* If vendor/seller wishes to clean up the property there are many agencies who do what is termed a "vacate clean". Just search on google for Vacate cleaners.

* For a sale to finalize, your friend will need a legal representative in the form of either a Solicitor ($2,000) or a Conveyancing Agent who specialize in property transfers. These representatives manage the change of name on property title, rates, transfer of money etc.
Conveyancers are people who have only studied the aspect of property changeover in a legal sense and have not completed a full law degree. They are cheaper by a few hundred dollars but they not as savvy as lawyers and often it's wiser to just pay more for a that more qualified representative. I was burned by a conveyancer selling my last property and the sale process dragged on for 12 weeks instead of the agreed 8 weeks. That cost me an extra $1,200 in holding fees, insurance, and maintenance and rates fees. I would always use a lawyer in future. The difference in cost may be significant but lawyers will argue your case more successfully when it comes to Vendor or Buyer rights and will resolve any problems which may arise if anything is found to be not up to standard - for example if electrical is found to be faulty.
* It is important to note that a vacant property is expected. That means no objects, furniture, rubbish is to be left on site. If there is any mess, then that is what the lawyers argue about. It will cost your friend if he leaves any mess there. Buyer can ask any ridiculous amount for rubbish being left but your friend's legal representative will argue to get the cost reduced and hence make his fees worth it :)
Rubbish may bring the Original asking price down too. So, since the property has to be left clean, he may as well clean it before it is advertised for sale! that way he can get a better/higher asking price to begin with :)

Conveyancer and solicitors fees are deducted from sales proceeds AFTER the sale money is transferred to vendor too. It's the solicitor/conveyancer who actually transfers the remaining money into your friend's bank account. Money is usually transferred a few weeks after SETTLEMENT = the day the property Title actually changes names.

Importantly your friend needs to be savvy enough to request his real Estate Agent makes sure the bidders and buyers have "Pre-approved" finance or are paying Cash and have PROOF OF FUNDS.
I once had a buyer I had accepted an offer from who then kept saying "we are looking for funding" and the valuation from their mortgage bank property valuer was under my agreed price, so the finance was not approved. These people kept insisting they were "looking at other brokers" for 6 months! My property was empty the entire time, my agent kept insisting "these are your buyers" and in the end these "buyers' admitted they did not have enough money.
That was a reflection of the bad agent I had at the time - he did not screen them financially and he was not savvy enough to tell them they should not request the extra $20,000 they wanted over the cost of the house for "wanted renovations". Of course their bank refused them as the house was not yet renovated and as such was not worth as much as the requested loan. To me that's foolish buyers and a foolish agent. That cost me $6,000 in holding the property for them. So, get an intelligent experienced agent who actually cares.

So, in summary there are NO upfront fees or costs other than any clean up and clean out fees prior to receiving the sale income.
Actually any clean up does not really have to be done in the intervening standard 2 month period of sale transfer time but rubbish will lower the listed price.

If your friend absolutely CANNOT remove all rubbish and clean out the property to look spick and span, then the legal representative (post Acceptance of "Offer to buy" and real estate agent (Prior to Acceptance of Offer to Buy) negotiate a reduction in sold/valued price on behalf of the Vendor/seller. BUT MAKE SURE that "assorted sundry items remaining on site" is is the CONTRACT OF SALE TERMS. That way the BUYER AGREES to the rubbish being there and cannot charge extra for the problem .
Get your friend (to request his lawyer) to request buyer to get home insurance immediately - while the property is under what is termed "under offer". "Under Offer" is the period of time between Vendor/seller's Acceptance of a good agreed price from a buyer and the time that it takes for legal documents to be lodged at the Titles office and councils etc.
The Money does not actually get transferred into your friend's bank account until "Settlement day" - some 8 weeks after the offer is accepted.

Advise your friend to expect a good price and to not allow bullying from an agent keen to just get his 3 % commission on the sale.
Get him to call 3 different agents and have them come inspect the property and give an instant valuation of property worth along with a quote of their charges. Most agents charge extra for advertising (but that's essential to get a sale) , photographs, and other ridiculous charges.

For instance my last sold property worth only $275,000 cost me $8,000 in Agent fees then an extra $300 for photos (that were provided by me!), $300 for internet advertising and something else for $200. So get a TOTAL fee estimate. I was originally told "3% fee" but extra fees turned up! I was deceived by my agent and also my conveyancer who charged $1,800 for just doing 1 hour 30 minutes work, who did not answer emails, who did not defend me when the buyers solicitor wanted price reductions for no water tank - etc etc and who took a Covid holiday which cost me that extra $1,200 in holding expenses as the wait time for completion to Settlement Date was drawn out.
Also advise your friend to ask the real estate Agent to ensure the property is advertised on the internet. That way many more prospective buyers will view the advertisement.
* Tell your friend that he needs to have a copy of his rates bill, and that once an offer (via the agent) is accepted that he will need to attend the conveyancers/solicitor's Office to sign a CONTRACT of Sale. This happens within the first few days of agreed sale, but it can be CANCELLED by either party at any time BEFORE SETTLEMENT. Later on he will need to pop to the Solicitor/Conveyancer to sign assorted Change of Title deeds. A few visits to the Office, that's all.
Good luck.
A really helpful and useful reply, thanks for going to so much trouble

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Has he definitely decided to sell?

Since the matter has been making him sick, it's probably too difficult to hang on.

If yes (selling), he should engage a solicitor (he'll need one for conveyancing purposes). He could make an arrangement with the solicitor for payment of solicitor's fees from sale proceeds.

He'll likely need an estate agent. That person gets a commision and this could come from sale proceeds. The estate agent should be able to provide his/her opinion re what needs cleaning and what could be left as is.

Hope that helps.
 
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Hi, Contact Centrecare in Qld. (don't know about other states) They help means-tested pensioners for garden cleanups and will take rubbish to the tip (for a tip fee cost). Also they help with plumbing repairs, appliance repairs, smoke alarms etc. but I think it might be only if you are residing in the home
 
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It might be worth reaching out to local senior services or social welfare organizations. Also, some real estate agencies offer pro bono services for situations like this. As for the overwhelming tasks like lawn care and decluttering, perhaps there's a community volunteer group or even neighbors willing to lend a hand. Oh, and if you ever need a moment of solace amidst the chaos, consider exploring Heights Country Club Dubai. It's a haven of tranquility in the heart of the city.
 
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