Risks with Off The Plan purchases

There are many risks with purchasing an apartment off-the-plan. These include:

• the development not actually starting, as some developers commence selling prior to obtaining development approval from the Council and many developers do not have finance prior to selling
• the development starting late and finishing later than you want (which is not good if you want to move in; but may be good if you are an investor)
• the development finishing earlier than planned (which is not good if you are not ready to move in, or if you are an investor and planned for a later settlement)
• the developer going bankrupt or running into financial difficulties during development, and so cutting corners or having another builder take over
• changes to apartment layout and size, that may be permitted by the contract
• different quality to what you expected
• different views to what you expected
• having no control over the appointment of the onsite manager and caretaker, who could be appointed under a long term contract
• body corporate fees being low for the first year (to attract purchasers) but then increasing dramatically in year two when the body corporate finds out not enough was budgeted
• paying too much for the apartment, especially if the market goes down between contract and completion, or if you are buying something "different" and so can't really determine value when you sign the contract
• not being able to obtain finance when it comes time to settle.

For these and other reasons, the purchase of an off-the-plan apartment should be at lower price than if you bought the same, completed apartment today. You are taking risks, and should get a discount for that risk. Often, however, that is not the case.

There are advantages of buying off-the-plan. You get first pick of apartments, and many of the better designs and locations sell out first. And sometimes the developer does a discount program for the first buyers.

I was reminded of all this by two readers, who sent me emails. One of the emails said:

"Thank you for your blog. You are very positive towards Pradella. I purchased in a Pradella development, and just want to point out a few issues, to give a more balanced viewpoint. First, stage one and stage two of the development are complete. Stages three and four, which can be seen from many of the apartments and the main lobby door, are just one big dirt patch with a low fence. A very ugly view. I have no idea when Pradella will complete the remainder of the development. Second, some features promised for Stage Two have been moved to Stage Three, and are not yet built -- for example, a picnic gazebo. Three, there is no enough visitor parking. This will only get worse when later stages are built. Four, Pradella own the onsite management rights, and the manager is an employee of Pradella. This creates a number of potential conflicts of interest. Five, the onsite manager is pretty hopeless as a rental agent, but Pradella does not seem to care or supervise. Six, there are two body corporates for the development (for each stage), so decision making is harder, especially in relation to defects and issues impacting all owners. Seven, Pradella has not sold all the apartments yet. This is making it difficult for people who want to resell, as they are competing with the developer, and prices have not risen much since settlement. Worse still, Pradella is renting out a number of the apartments, thus competing with the owner/investors in the rental market too. Overall, I am very happy with my purchase, and it is a great development, but I just wanted to point out that the picture is not 100% rosy."

Another reader's email described a situation in a development by Sam Vecchio at Taringa. I will not repeat the email here, as it goes for about 5 pages. It seems that the Vecchio family kept about a third of the apartments for family members and their superannuation funds. So even though the development "sold out", the developer sits on the body corporate and votes down motions. The fact that the developer was keeping apartments was not disclosed to purchasers off-the-plan. For example, it seems that most of the residents want pool furniture, but the Vecchio interests vote against this motion. There are also some issues regarding defects to common property, and failure to do the gardens as set out in the original plans and DA. So the disputes are getting messy, especially because the Vecchios can vote against motions to try to remedy the situation. Vecchio is now developing Rive Apartments near the Breakfast Creek Hotel.

Flat Market in Brisbane

In talking with people in the real estate industry in Brisbane recently, it seems to me that the market is relatively flat. At some open homes for houses in the $600,ooo price range, only 1 family will turn up for an inspection. Off the plan sales for apartments are, for the most part, slow. Prices are relatively stable for apartments. It is not a booming market at present. On the Sunshine and Gold Coasts, the market is very dead.

There are pending risks that may dramatically impact investment apartments in Queensland:

• higher interest rates
• risk of lower numbers of overseas students and tourists visiting Australia (including due to the higher Aussie Dollar)
• The review of the Australian Tax System, due within weeks, which will likely impact the treatment of capital gains for real estate, and probably recommend the removal of negatively gearing of losses from investment properties to offset income tax from income earned from other sources
• difficulties in obtaining investment loans, and the banks requiring a higher deposit for investment property loans
• increased school fees, which impacts the ability of many families wanting to invest in property
• increased body corporate fees and rates, making returns less
• poor performing vacation rentals and low vacation rental returns, often less than 2% net returns

Views and off-the-plan contracts

In a recent court judgment, the purchaser was able to get out of an off-the-plan contract, because the ocean views were obstructed. This purchaser was smart enough to put in a special condition into the contract dealing with this issue. Most purchasers however look at brochures and listen to the sales agent, but don't put what was promised into the contract.

Court Judgment

Courier Mail

Property Risks

Extract from PropertyUpdate

However over the last 9 months or so, some parts of our property market have increased in price by a rate equivalent to well over 20% per annum. That’s boom conditions as far as I am concerned and unsustainable.

This type of property increase normally happens in the boom phase of the cycle when fear, greed and speculation kick in.

Fear drives property booms as home buyers and investors see property prices going up all around them. They are worried that they will miss out on the profits the boom has delivered to others. Many become overconfident, at a time when they probably should be more cautious, and overpay just to get into the property market, pushing up prices to levels that are (in the short term at least) unsustainable.

At this stage of the cycle properties often sell for more than their asking price as eager buyers compete with each other to snap up any property that comes on to the market. Vendors also become greedy, pushing up asking prices and this just feeds the property boom.

Sound familiar? Isn’t this exactly what is happening in some segments of our property markets today? Because if we are already in boom conditions, the next stage to come is the downturn or bust stage of the cycle. I am sure that the market can’t keep rising as spectacularly as it has over the last few months. And if it does the Reserve Bank will bring it to a halt with rising interest rates.

What I do see happening is property values continuing to surge strongly in selected markets for the first half of this year and then growth will slow. I see a few issues on the horizon.

Finance will be a big issue for property investors this year, some will have difficulty getting it and others will have to pay more for it as interest rates rise.

I also see more trouble ahead for the world’s economies. The world’s debt binge is becoming frightening. A number of European economies are starting to unravel and the spotlight is likely to return to America later this year, as it appears to be a long way from working its way through its own economic woes. This means that there is a good chance that the US stock market will fall again and so will ours.