Buying interstate: What you need to know
There are plenty of reasons to purchase property interstate.
You may want to diversify your portfolio to lower your risk profile. Perhaps you're planning a move next year, but you know that now is the right time to buy.
Or maybe you've heard that the next big up and coming suburb isn't on your doorstep, but 2,000 kilometres away.
Even if you are a seasoned property investor in your local area, there are some key differences between buying locally and purchasing further away.
Investing interstate can be difficult, especially if you're not experienced and you're looking to invest somewhere you haven't lived before.
If you're planning to buy property interstate, here's what you need to know.
Research
The initial steps of purchasing a property in a different state are much the same as buying one in your home town. As always, you should draw up your budget, think about your growth expectations, and pick out potential areas.
Your choice of area may be dictated by your future plans to move to the region, or simply growth potential. Whichever the case, you should always consider how well the region is serviced by local infrastructure (or how well it will be in the future), how its market is performing and how it fits with your budget. If you're buying somewhere you haven't lived before (or haven't lived in for a long time), your research should be even more comprehensive.
Once you've determined a location, you want to liaise with a local buyer's agent to help you inspect and purchase a property. Unless your agent is one with whom you have a long running relationship, it's best to still walk through any potential purchases yourself, rather than relying solely on their advice.
Vendor disclosure
Victoria:
Victorian vendors are tasked with providing buyers with a relatively comprehensive document called Section 32.
Prepared by a lawyer (or the vendor under legal instruction), Section 32 must provide true information about planning restrictions, services connected to the property, and any registered building work that's taken place in the last 10 years. Even if a property's been passed from owner to owner, registered building works will be covered under warranty for 10 years.
A vendor or lawyer knowingly provides any false information in the Section 32 document has committed a criminal offence, and could be penalised.
By law, vendors must provide the Section 32 document to buyers before the sale. Although it is considered relatively comprehensive, some will still wish to commission an independent inspection report from an expert, particularly if there are any concerns about structural problems with the property.
New South Wales:
NSW vendors have a similar process, with Schedule 1 Prescribed Documents. However, they're not required to be as comprehensive as Section 32, only including mortgages on the home, deeds and restrictions on land use.
For that reason, buyers are recommended by NSW Fair Trading to commission an independent inspection report before buying, at your cost.
A licensed builder, surveyor or architect (who should have professional indemnity cover) can carry out a general inspection. The cost of the report will depend on the size, age and condition of the property, and the consultant.
If you have concerns about hidden structural problems, plumbing, gasfitting, fireplaces, or electrical wiring – any part of the property in particular – you should engage a specialized inspector before buying. A general inspection will generally just involve a visual assessment.
South Australia:
If you're buying in South Australia, you should receive a Form 1 disclosure statement from the vendor's real estate agent at least 10 days before settlement in a private sale. If buying at auction, the Form 1 document must be available to view at the real estate agent's office for at least three days before the auction date. The date of the provision of the Form 1 document will influence the buyer's cooling off period.
Form 1 is similar to New South Wale's Schedule 1 Prescribed Documents, so buyers are recommended to have an independent expert carry out their own, more comprehensive, report. As always, make sure your inspector has professional indemnity insurance, in case you want to seek compensation if they make any errors.
Queensland
Currently, Queensland vendors aren't required to provide a compulsory disclosure statement to buyers for all properties, although body corporates should provide some information for those buying units, apartments or townhouses. An independent report from an expert is recommended.
Tasmania
If you're investing in Tasmania, you shouldn't expect a disclosure statement from vendors either. Instead, you'll need to pay an independent expert to take a tour of the property and prepare a report for you.
Northern Territory
The Northern Territory dumped its vendor disclosure requirements in 2012, so again, an independent inspection is recommended, as is a personal walk through a potential investment.
Western Australia
Selling agents in Western Australia should receive a Seller's Disclosure Statement from vendors, but there is no legal requirement to provide the information directly to buyers. However, as always, agents cannot misrepresent aspects of the property or mislead buyers, so make sure you ask lots of questions of the selling agent and have an independent report prepared.
Australian Capital Territory
Before a sale, ACT vendors have to provide relatively detailed information to prospective buyers. Sellers have to hand over an assessment of the physical condition of the property and an asbestos assessment. They must also disclose any restrictions to development on the site. In the Australian Capital Territory, buyers should also receive an energy efficiency rating statement and a pest inspection report, which aren't required in Victoria's Section 32.
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Second thoughts: Cooling off
Though you may be used to a cooling off period – in which you can change your mind about purchasing a property and only have to pay a 0.25% of the purchase price or less – when purchasing property locally, don't expect the provision in every state.
Victoria:
You won't get a cooling off period for properties purchased at auction in Victoria. If purchasing a home on less than 20 hectares through a private sale, you'll get a three day cooling off period, but not if the sale occurs within three days of a planned auctions.
If you're represented by an agent, you also waive your right to a cooling off period.
Australian Capital Territory:
In the ACT, you receive a five day cooling off period for homes purchased through private sales, but not for auctions. Your cooling off period generally begins from the day you or your agent receives a copy of the sales contract that has been signed by both parties.
New South Wales:
Buyers in New South Wales who have acquired a property through private sale also get a five day cooling off period. You won't receive the allowance if buying at auction.
Queensland:
In Queensland, you should also receive a cooling off period if purchasing at private sale. The provision used to be detailed in a document separate from the contract, but is now incorporated into the contract itself. On the page where you sign, you should read:
"The contract may be subject to a five business day statutory cooling-off period. A termination penalty of 0.25% of the purchase price applies if the buyer terminates the contract during the statutory cooling-off period. It is recommended the buyer obtain an independent property valuation and independent legal advice about the contract and his or her cooling-off rights, before signing."
South Australia:
Private property sales South Australia come with a cooling off period of two days. If a Form 1 was given to the buyer before the sale, then the cooling off period commences on the date the contract is signed. If the Form 1 is served after the contract is signed, the cooling off period begins on the day the form is served. If you're purchasing a property through a company or by tender, you may not receive a cooling off period.
If you choose to back out of a purchase in the cooling off period, you must provide confirmation in writing.
Western Australia:
If you're buying in Western Australia, you will not receive a legally binding cooling off period. However, your agent or solicitor may be able to negotiate a cooling off period with the vendor, depending on your needs.
Tasmania:
Tasmanian properties also don't come with a cooling off period.
Land transfer taxes and stamp duty
Stamp duties change between states – don't make the mistake of calculating how much you would pay in your home state, or you'll face a surprise when you make your interstate buy.
Check out each state's revenue office website to estimate how much land transfer tax you can expect to pay.
- Victoria
- New South Wales
- South Australia
- Western Australia
- Northern Territory
- Queensland
- Australian Capital Territory
- Tasmania
Getting help
There are a range of experts who can assist you with an interstate purchase and help alleviate the costs of travelling back and forth.
Conveyancers or specialist lawyers can help prepare and lodge your legal documents (including your contract), handle your deposit, research the property and calculate your expenses. They can also assist in the settlement process.
A buyer's agent can help you inspect properties and do a lot of the footwork for you. They may also be able to refer you to reputable local experts to help carry out inspections.
Make sure you communicate honestly and often with those helping you invest interstate, and make the most of the experts available.
While buying property interstate can seem like a daunting task, there are a lot of benefits to developing your property portfolio beyond the bounds of your local neighbourhood. Make sure you contact reputable, independent experts and do your homework.
