Love at first sight - Caveat emptor – Pt 1

I remember that moment, as if it was yesterday. A sudden flush. Heart aflutter. I wanted. I yearned. Yes, I had fallen hopelessly in love.

Adoration then gave way to an occupational hazard: legal pragmatism. Was my potential first home, in fact, “the real thing” or, had I been fooled by a façade?

Oh, yes: caveat emptor. Buyer beware.

There’s a common misconception conveyancing is a doddle … a bit of paper shuffling, a few strategically-placed signatures, yawn, job done. Perhaps that’s why an alarming number of homebuyers misguidedly “go it alone”.

Conveyancing is complex. For every property transaction, there’s a list of fundamental procedures and checks and, on top of those, countless possible variables a layperson just couldn’t be expected to pick up. You don’t know what you don’t know – especially when you don’t know what you’re looking for!

 

Going out on a LIM

When sussing out my first “love”, I headed straight to the local council – it was pre-digital days – to check the property file and obtain a LIM (Land Information Memorandum) report … and a shining example of why you should never cut corners when buying a house.

There before me, as part of the file, was the floor plan. Kitchen. Hall. Four bedrooms. Two bathrooms. Hold on a tick. Four bedrooms and two bathrooms? “My” house had only three bedrooms and one bathroom. The vendors had intended to extend the property and had submitted their plans to the council for consent, but the renovations were never done.

I did buy the house – but not before the floor plans in the council’s file were changed to the home’s actual layout. Such a discrepancy, although not illegal, could put off a potential buyer when I came to move on: “If the floor plan doesn’t add up, what other gremlins are there?”

The LIM report is a good starting place. Basically, it includes most of the council’s records on the property. This essential check can throw up nightmares-in-the-making, such as extensions that actually did take place, but don’t have council approval.

Don’t judge a book …

Remember, it doesn’t have to be ramshackle to be illegal – you’d be staggered just how many conservatories, garages and even additional rooms haven’t got the necessary building consent.

For more tips on entering property agreements with your eyes wide open check out Caveat emptor – Pt 2.

Residential property Buying residential property

Aspiring articles

  • Bullseye

    Beyond the Employment Agreement: Employing good staff is one thing, but how do you keep them?

    While finding talented staff is challenging, retaining them can be even more complex. The good news? You don't need to be a perfect employer - just a fair and reasonable one. Recent Employment Court guidance provides a practical "target" approach to good employment practices, where best practice is the bullseye, but hitting anywhere on the target still counts as fair and reasonable. Learn the golden rules that can transform you into an employer that good employees want to stick with for the long haul.
    Employment & HR
  • Car and coins

    Can we expect some light at the end of the FBT tunnel?

    Fringe Benefit Tax (FBT) has long been a headache for business owners, but proposed changes could bring welcome relief to your compliance burden. The government is considering three key simplifications: a clearer vehicle classification system, exemptions for minor benefits, and streamlined entertainment rules. These changes could significantly reduce the time and effort spent on FBT compliance. With the consultation period open until May 2025, now is your chance to have your say on these proposed changes.
    Employment & HR
  • Old couple in the park

    New Finance Option Available To Facilitate Transition into Retirement Village

    A new financing option could make the transition to retirement living easier. The recently introduced 'Village Access Loan' by one of the banks allows homeowners to borrow up to 50% of their retirement village entry cost, using their existing home as security. This three-year bridging finance gives retirees more flexibility in timing their property sale and securing their preferred retirement village. Find out how this differs from reverse equity loans and what it means for you.
    Residential property
  • Locked gate

    Family Trusts in blended families: What you need to know

    In part one of our series on Trusts, we explore the unique challenges faced by blended families. Picture your family trust as a citadel protecting your hard-won assets - but what happens when new family members enter the picture? Through the story of David and Jane's blended family, we illustrate how seemingly innocent actions can inadvertently create legal claims on trust assets.
    Trusts and Life planning Forming a Trust Managing a Trust