Home Deposit

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Sunnybank Hills real estate agency Prestige &amp; Rich Pty Ltd, trading as Stephanie To Realty, has been fined $5,000 by the Holland Park Magistrates Court.
The Office of Fair Trading (OFT) alleged that Ms Stephanie To, the sole director and principal licensee of the agency did not return a deposit to a buyer from a failed sales contract, retaining a $20,000 sales commission which she was not entitled to.
The court heard that Stephanie To Realty was appointed the selling agent for the sale of a Sunnybank Hills property. A buyer entered into a contract to purchase the property but the contract was later terminated because the buyer could not obtain suitable finance.
The buyer requested Stephanie To Realty return the $24,500 deposit they had paid, as allowed for under the contract. The property seller also agreed that the deposit should be returned to the buyer.
However, in contravention of the Agents Financial Administration Act 2014 (AFAA), Stephanie To Realty did not release the funds from its trust account to the buyer and instead released the deposit to the seller minus a $20,000 sales commission payment to the agency.
The OFT issued an infringement notice to the agency, however, Ms To elected to have the matter heard in court.
The court found Stephanie To Realty guilty of one count of failing to pay a disputed amount from a trust account and a conviction was recorded.
Magistrate Robert Turra said that the defendant ignored advice and direction to benefit the agency and stubbornly insisted on the defendant’s own definition of the law.
The Queensland Civil and Administrative Tribunal (QCAT) upheld the OFT’s decision to award a $24,500 payment from the AFAA claim fund to the buyer, dismissing a review lodged by Stephanie To Realty.
QCAT confirmed the OFT’s decision to award the claim fund payment as compensation for the misappropriated deposit was appropriate.
The amount of $24,500 will be recovered from Stephanie To Realty to repay the AFAA fund.
Fair Trading Executive Director Brian Bauer said real estate agents regularly dealt with large sums of money and needed to act with integrity to have a position of trust in the community.
“Agents not dealing with consumers’ money in accordance with the law will be held accountable by the OFT,” Mr Bauer said.
“The purchase and sale of properties are the biggest transactions in most people’s lives, and Queenslanders need to know agents will follow the rules.”
The median price for a house in <a href="/developments/sunnybank-hills-qld-4109">Sunnybank Hills</a> is $685,000, according to CoreLogic data.
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Failed sale deposit dispute on Sunnybank Hills sees agent fined

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Banks have put the brakes on lending to people with small deposits, according to new research from RateCity.
Banks have slashed the number of mortgage products with a maximum loan-to-value ratio (LVR) of 95% in the past three years. 
Fewer than a third of home loans in the RateCity database now offer lending up to a maximum of 95% of the value of the property.
That’s down from 76% of all loans on offer in early 2015, in line with lending guidelines by the Australian Prudential Regulation Authority (APRA), who want banks to loan with small deposits to be the exception, rather than the rule.
Sally Tindall, spokesperson at RateCity, said the banks were actively looking for deposits of 20%, if not more.
“For Australians battling to crack into the highly competitive home loan market, low-deposit loans have been a doorway in," Tindall suggested.
"But the rules have changed and now borrowers that might have been given the green light three years ago are starting to be turned away."
RateCity research shows that upgrading from a 5% deposit to a 20% deposit on a $500,000 mortgage will require a buyer to stump up an extra $75,000 in cash.
“These new LVR requirements will set a lot of potential buyers back, because they just don’t have access to that kind of money.
“But the alternative is worse. Stretching yourself thin at record low interest rates can be a recipe for disaster.
“It’s been over seven years since we’ve experienced an RBA rate hike and people have become complacent. These new LVR rules will sharpen the focus who is serious about securing housing finance,” Tindall said.
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Banks tighten the screws on small-deposit home loan borrowers

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Liquidators are warning property buyers caught in the collapse of Deposit Power that there is no update yet on their deposit bond guarantees.
"It appears that, at this point in time, the interim liquidators cannot advise the timeframe in which claims will be paid or the dollar value that will be paid," stakeholders were told by the interim administrator.
<div>Deposit Power, which provided interim finance to property buyers, went into liquidation on February 23.</div>
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<div>Deposit Power offered deposit guarantee bond products, assisting Australian borrowers and investors to buy residential and commercial properties without the need to provide a cash deposit.</div>
The Administrators have urge all stakeholders, including property purchasers who have purchased deposit guarantee bonds to seek independent legal advice as to their rights generally. 
It means deals potentially coming undone if vendors are unwilling to wait for buyers to find alternative finance, according to mortgage brokers.
Existing deposit guarantee bonds cannot be amended because Deposit Power's parent, CBL Insurance, is in interim liquidation after the parent company into interim liquidation.
Gavin Moss, is the interim administrator of Deposit Power, which closed after the collapse of New Zealand's CBL Insurance.
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<div id="article-inline-ad">Bids for Deposit Power were being made on this month.</div>
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<div>An estimated 4000 local residential, commercial and property investors - down from the initial 10,000 in the initial Australian Financial Review report - have an estimated $200 million of deposits unresolved now for more than a month after the bond issuer and guarantor was placed in interim liquidation.</div>
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<div>Deposit Power had links with most of the major property broker networks and major banks through their broker networks.</div>
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Deposit Power was on the product panel of most of the leading mortgage brokerages and aggregators, including Mortgage Choice.
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Deposit Power collapse imperils smooth property settlements

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Nearly 95,000 first homes were purchased in the year to August 2017, the highest figure since June 2015, says a new report from Bankwest.  
Even though the 94,135 first homes bought till August represent a year-on-year increase of 5.6%, and a slightly cooling property market, the 2017 Bankwest First Time Buyers Report shows the amount of time Australian first time buyers will take to save for a deposit is still on the increase. 
The data also showed that the first home buyer figure accounts for 14.3% of all purchases over the same period. 
The report shows first time home buyer couples (FTB) will have to save for an average of 4.6 years to accumulate the $111,080 needed for a 20 per cent house deposit on a median priced home. This is three months longer than in 2016 (4.4 years) and a $7,173 increase on the $103,907 deposit required last year. 
<a href="https://www.propertyobserver.com.au/images/2017/12/1/FHBAus.png" target="_blank">Click to enlarge</a>
<img src="https://www.urban.com.au/images/2017/12/1/FHBAus.png" alt="">
FTB couples on average took two months longer to save for a deposit in the major cities except Perth and Darwin, said Bankwest general manager Personal &amp; Small Business Banking, Donna Dalby.
“Perth and Darwin as cities buck the national trend, being the two places where the savings times for first time buyers have dropped year on year. Perth’s house prices have dropped by 4.3% which means the saving time to get the 20 per cent deposit of $103,046 (down $4,627 from 2016) has dropped by three months to 3.9 years,” she said.
“Likewise WA as a whole is the most accessible mainland state for first time buyers. Our report shows in WA it takes 3.6 years to save the necessary $94,651 deposit.” 
“Low interest rates and a 6.9% increase in house prices with sluggish wage growth of only 2% during the same period are making it increasingly difficult for first time buyers to get a foot on the property ladder. 
“While lower interest rates are beneficial for those who already own their homes in the form of lower loan repayments and interest, they can also bring more buyers into the market and this can drive up house prices, making home ownership less affordable for first time buyers.” 
However, Perth’s Peppermint Grove defies the notion of WA’s accessibility and the local government area (LGA) has the longest savings time in all of Australia.
The salubrious suburb takes this unenviable title with a saving time of 21.2 years to save the $672,944 deposit need to put down a deposit (down from 21.7 years a year ago). The suburb of Mosman on Sydney’s north shore is threatening to end Peppermint Grove’s long reign, with the average couple needing 20.4 years to save a deposit – four years longer than in 2016. This is largely due to Mosman house prices appreciating by almost a third (29.8%) in the year to June 2017. 
The report suggests that FTB couples could get on the property ladder quicker if they opted for an apartment instead of a house.
The average savings time for a unit across Australia is 4.2 years, 5 months less than the what’s needed for a house. 
“Everyone dreams of having their own house but medium and high density housing is on the increase across the country and can offer a noticeably quicker route to home ownership than aiming at a house purchase,” said Donna. 
At the other end of the scale the LGA of Dundas in south eastern WA is the area with the shortest saving time – just 0.7 years are needed to save the necessary 20% deposit of $16,346. 
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More first time buyers enter housing market but saving for deposit an uphill task: Bankwest

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GUEST OBSERVER
At the start of a new year many of us make a number of resolutions that we wish to integrate into our lives. These resolutions can often include a commitment to eat better, exercise more or be better with our finances. Whether you’re aiming to become a better saver, or you’re wanting to save for a home deposit, the key is to not let your resolution fall flat. There are a few easy steps everyone can follow to ensure any financial resolutions become a reality. 1.  Set a goal  The key to saving more money is setting a financial goal that is specific and realistic.   You can have a large goal in mind, such as buying a home, but you should also break it up into smaller goals that will be easier to achieve.   If your goal is to save more money, give yourself a dollar figure and a target date to achieve that by, as this will keep you accountable. 
Savings calculators are helpful tools that can assist you in working out how much you can save a month and how long it will take for you to reach your savings goal.   You should review your goals at least once every six months to track how you’re doing. If you find that you are not making much progress, rather than giving up, make changes so that you can achieve your goals.   2.  Set up a budget  Mr Flavell said a budget was an essential factor in achieving any financial goal.     By creating a budget, you will have full control of your finances as you will know how much you are spending and saving.   Tracking where your money is going also allows you to make clear decisions about your purchases, see what expenses you can potentially cut back on, and plan your spending ahead of time.   A budget did not have to be too complicated.   It can be a simple document such as a spreadsheet, where you note down your income and all your expenses for the month.   The trick is to review and update it regularly to make sure it always aligns with your current financial or personal situation.   3.  Review your spending  You can boost your savings significantly by cutting back on certain expenses, or finding more affordable options. Look at your current contracts – like gym memberships and or your phone contract and see if there are easy ways for you to reduce the amount you spend each month. Call your gym up and ask for a discount, or research your phone provider options online and see if there is a cheaper supplier on the market.   While you may only save a few dollars here and there, not only does every cent count, but every cent takes you one step closer to your end financial goal. 4.  Reduce debt  Another great way to reach your financial goal faster is to pay down your existing debt.   The Christmas period is an expensive time of the year, so you have probably racked up debts on your credit card.   When you get your credit card bill, aim to pay these off completely or minimise them as soon as possible. You should also try and pay more than the minimum amount, which is typically 2 percent of your closing balance, to avoid paying additional interest.   When you pay off your debts, you free up your cash flow. This means you have more money in your back pocket each month that you can put towards your financial goals.   5.  Shop around for better deals  Now that you know how much you’re saving and how to potentially increase your cash flow, the next step is working out the best place to put your money.   If you want your money to work as hard as possible for you, you need to ensure you are saving it in the right location.   Get online and research the various options provided by Australia’s lenders. By doing your research, you will see what term deposit facilities or savings accounts will offer you the greatest return on your dollar.    Before making any final decisions however, speak with your bank or your local broker to ensure it is the right financial move for you and your end goals.
John Flavell is chief executive officer <a href="https://www.mortgagechoice.com.au/" target="_blank">Mortgage Choice</a>.
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