Getting Your Team Wrong: The Mistake That Costs More Than Stamp Duty | NAPP Podcast S02E03

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Stamp duty gets the blame for being the biggest cost of buying a home. Fair enough, it is a brutal number. This episode of Not Another Property Podcast argues there is a bigger one, and it never shows up on an invoice: getting your team wrong. Or, more often, buying with no team at all.

Host Gianni Musumeci of Leverage Property Advisers puts it to a panel that is, conveniently, the team in question: Daniella Muzitano (Executive Director and Co-Founder, Titlespace), Mark Horvat (principal buyer’s agent, The Acquiry), Andrew Chan (Certified Financial Planner, Phoenix Private Wealth Management) and George Koletti (accountant, Access Professionals).

In 19 minutes, each of them describes what goes wrong when their chair is empty: the signature a conveyancer can’t undo, the search that drags because nobody is driving it, the “should you” question nobody asked before the bank said yes, and the pool the title had already vetoed. General information only, and the opinions are the guests’ own. Advice about your own purchase comes from your own team, which is rather the point.

  • 0.25% of the purchase price is forfeited if you use the NSW cooling-off period to withdraw
  • 1 to 2% a month: the market growth Mark Horvat says Sydney has seen for stretches of recent years (his figure)
  • 10% more for the same house six months later in that kind of market, on Mark Horvat’s maths (his figure, not ours)

In this episode

  • The conveyancer’s chair: the one decision nobody can fix after the fact, signing a contract that nobody has read
  • Why a contract is never standard, and what easements and covenants on the title can do to a backyard plan
  • The buyer’s agent’s chair: what changes about the pace of a search, and Mark Horvat’s two costs of delay
  • Why buyers who have missed out for months tend to overpay on the next one
  • The planner’s chair: Andrew Chan’s rule that “should you” comes before “can you”, and the life questions behind it
  • The accountant’s chair: a home versus an investment, and why George Koletti will not act until the rest of the team has looked
  • Due diligence for the life you will have: schools, transport, zoning, the planning certificate, council and strata by-laws

Who sits where on the team

Guest Their lens What they said to weigh
Daniella Muzitano, Titlespace Legal: the contract, the title and what you can actually build Whether the contract has been reviewed and negotiated before anyone signs, at auction or by private treaty
Mark Horvat, The Acquiry Buying: pace, momentum and the property that suits the life you will have What a slow search costs in money and in weekends, and whether the property still works in five and 15 years
Andrew Chan, Phoenix Private Wealth Management Financial planning: should you, before can you Whether you can hold the property comfortably through rate rises, a second child or a job loss, and whether the purchase is a home or an investment
George Koletti, Access Professionals Accounting: cash flow and tax, with the emotion removed Whether the rest of the team has looked at the decision before anyone commits, and what changes when the purchase is an investment

Key takeaways from the episode

1. The empty conveyancer chair: signing before anyone has read the contract

Gianni opens with the question every conveyancer has an answer ready for. What do buyers do, before they have spoken to anyone, that can’t be fixed later? Daniella’s answer is the obvious one, and it still happens every weekend. They sign. The contract from Saturday’s auction lands on her desk on Monday, and by then the time to change anything has gone.

Buyers treat contracts as standard forms. They’re not. The special conditions change from contract to contract, and the title can carry easements or covenants that decide what you can build. Daniella’s example: you buy for the backyard, you have already picked the pool tiles, and an easement runs through the exact spot.

The fix is the order you do things in. Make your offer through the agent and sign nothing. Once the offer is accepted, the contract goes to your conveyancer before you sign, so anything that favours the seller is negotiated first. At auction the review comes before you register to bid, because the contract is exchanged on the day. Daniella gives the same instruction even when a cooling-off period applies: the contract comes in first, and the cooling-off period is for inspections and finance, not for reading the contract for the first time.

Pulling out during cooling off isn’t free either. If you use it, you forfeit 0.25 per cent of the purchase price. On a Sydney price, that is an expensive change of heart.

People think that contracts are standard, but they’re not. There are special conditions. There may be easements or covenants registered on title that could be an issue in the future.Daniella Muzitano, Titlespace

2. The empty buyer’s agent chair: a search with nobody driving

Gianni’s next question is about pace. What changes when a buyer’s agent is in the room? Mark’s answer is one word, and he uses it a lot. Momentum. Every search has setbacks, and buyers on their own take a while to get back up after each one. With someone driving, the search doesn’t stall, nothing gets postponed, and there is a voice saying “next one” before you have finished sulking.

Then he puts a number on waiting, and it is his number, not ours. In a market growing by 1 or 2 per cent a month, which he says Sydney has managed for stretches of recent years, buying six months later can mean paying around 10 per cent more for something you could have had at the start. His job, as he describes it, is getting a buyer to a decision as fast as they can sensibly make one.

The second cost has no spreadsheet. Six months of missed Saturday sport, family events skipped for open homes, and every dinner turning into a property conversation. Mark calls moving faster an unrealised value add. Translation: nobody budgets for their weekends until they have lost a winter of them.

If you’re looking at a marketplace that is growing by 1 or 2 per cent a month, as we’ve seen a lot in the last few years, it’s extremely expensive to buy something six months later that you could have purchased at the beginning for 10 per cent less.Mark Horvat, The Acquiry

3. What the empty chairs cost at the end: tired buyers overpay

Gianni describes the buyer most of us have been. Three to six months in, missed out again, and finally saying whatever comes next, I’ll just pay it. Mark says that is exactly how so many buyers end up overpaying. Not because they don’t know what they’re doing, but because they badly want it to be over.

They have missed before, maybe because they didn’t go as hard as they should have, so the next one gets bought on fatigue instead of judgement. He calls it sad. Hard to argue. A purchase that should be a milestone becomes a chore to get through, like the last 20 minutes at Ikea.

The antidote, in his telling, is having someone in your corner when the plan changes. Someone to call the pivot, give the pep talk and line up the next option, so months of ups and downs aren’t carried alone.

A property purchase should be exciting. It should be a huge milestone in people’s lives, but it ends up being something that you just want to be done with.Mark Horvat, The Acquiry

4. The empty planner chair: “should you” comes before “can you”

Andrew starts with where most property advice comes from: mum, dad, an uncle at a barbecue, all generous with wisdom from a property market that no longer exists. Their advice usually boils down to, do it because you can. His answer is the line of the episode. The question isn’t whether you can. It’s whether you should, and should comes first.

“Should you” means the rest of your life. The standard of living you want. Whether gearing up means you stop seeing your friends. The school you want for your kids. Whether aged care, for you or your parents, is somewhere on the horizon. He works through those before anyone looks at a borrowing figure.

His stories will sound familiar. The couple who fell for a house straight off a holiday. The client who bought in the holiday town and forgot the family lived somewhere else. The family who bought on two incomes while expecting a second child and never modelled one income and a redundancy. His point isn’t that those purchases were wrong. It’s that nobody said the scenarios out loud, and saying them out loud is the planner’s job on the team.

He also draws the line between a home and an investment. A home is about whether you can hold it comfortably through rate rises and job changes; timing matters less than people think. An investment is clinical: numbers, buffers, the tax position, and no emotion at all. All of it general, and he says so himself.

The question should be, should you? Should you comes before can you, because should you means: what are the other circumstances in your life, what do you want for your life?Andrew Chan, Phoenix Private Wealth Management

5. The empty accountant chair: emotion in an investment, and a team nobody consulted

George agrees with Andrew and adds the accountant’s lens. If you’re buying a place to live in, you’re buying it for the area and the kind of home it is, and in his experience the tax side rarely comes up: it is your principal place of residence, and unless something materially changes, you’re fine on that front. What matters is cash flow, and he picks up the same example, a family about to drop to one income with a second child on the way.

An investment property is a different conversation. His rule: take every bit of emotion out of it, because emotion is what delays the decision and then gets it wrong. Emotional decisions on an investment property are, in his words, the worst possible thing you could do. Falling in love with the kitchen is allowed. Falling in love with the yield is not a thing.

His other rule is about the team itself, and it is the one the episode is named for. He won’t act for a client on a purchase until the rest of the team has looked at it: the contract read, the reasons for buying tested by someone like Mark, the numbers in order. That is his practice and his view, not tax advice for anyone listening.

I will do nothing for any of our clients unless they’ve got the team that’s sitting here actually considering that decision.George Koletti, Access Professionals

6. Due diligence for the life you’ll have, not the one you have today

Mark’s most common due diligence miss isn’t legal, it’s personal. Buyers judge a property against their life today, not the one they’ll be living in a few years: schools, transport, parks, how the layout copes with another child. Sydney changes suburb by suburb, so he pushes clients to think five and 15 years out. His example is the family who could have bought within walking distance of the school and instead spends 15 years doing the drop-off from the car.

Then the renovation question. Buyers underestimate the cost and the difficulty of the extra room, the second storey or the granny flat for the parents, and once they move in, life, bills and the Bunnings run get in the way. His advice is to speak to the right people before you commit, get clear on what is possible and what it costs, and do it quickly, because the best outcomes go to buyers who know what they want.

Daniella’s side of that conversation is the legal checklist, the part of due diligence when buying a house that happens on paper before anyone books an inspection. First, the title, for easements or covenants. Then what the client actually wants to do, read against the planning certificate, and a call to council. For a unit, the strata by-laws, which she goes through with clients to see what has been done and what can be. Her closing line is the simplest version of the whole episode: tell your conveyancer what you plan to do with the place, and ask them to check the contract for it. That is what the chair is for.

It’s amazing how many people I see miss out on purchasing a property that they could walk their kids to school from for 15 years, and buy something instead where they’re 15 minutes in the car.Mark Horvat, The Acquiry

The order the panel would put it in
  1. Fill the chairs before you start looking
  2. Ask “should you” before “can you”
  3. Keep the search moving, and the feelings out of the numbers
  4. Offer first, then sign nothing until the contract is reviewed
  5. Check the title, council rules and by-laws against your plans

The case the panel made

  • Each chair answers a different question: legal, finance, life, tax, search. Nobody on the panel thought one person could cover all five, themselves included.
  • Delay has a price in a rising market: Mark’s 1 to 2 per cent a month, and 10 per cent more six months later (his figures).
  • The time to negotiate the contract is before anyone signs it. Afterwards is just reading.
  • The checks for a renovation cost far less than the renovation you find out you can’t do.

What they said to watch for

  • Signing because the contract looks standard. It isn’t.
  • Buying on fatigue after months of missing out.
  • Borrowing to the limit because the bank said yes, without anyone asking “should you”.
  • Buying for the life you have today, not the one you’ll be living in five years.

Getting the legal side right

Four professionals, one short episode, and the part that lands on our desk is the order of events. Our conveyancing for buyers page has the whole process. This is the bit buyers get backwards, usually with the best intentions and a Saturday deadline.

The order that works: make your offer through the agent and sign nothing. Once the offer is accepted, send the contract to us and don’t sign until it has been reviewed. Engage us before you start making offers and we’re ready to move the moment the agent says yes. Our guide to how to make an offer on a house, which Mark contributed to, walks through the private treaty version. At auction the contract is exchanged on the day with no cooling off, so the review, the finance and the inspections all have to happen before you bid. Our list of the mistakes buyers make at auction starts there.

Why the fuss about one signature? Exchange of contracts is when the contract becomes binding and the deposit is paid. Buy an established home by private treaty and you usually get five business days to change your mind. If you use it, you forfeit 0.25 per cent of the purchase price. There is no cooling-off period if you buy at auction, if you exchange on the same day the property was passed in, or if you have given a section 66W certificate. Our post on the cooling-off period in NSW has the detail. The short version: five business days is a safety net. It will not cover finance, a building and pest report and a strata search read properly, and it was never meant to.

What the review looks for, which is also the list Daniella works through when a client says they want a pool, a granny flat or the in-laws downstairs:

  1. Special conditions that may not work in your favour
  2. Building and pest clauses that are vague or too narrow
  3. Settlement terms that could cause delays or cost blowouts
  4. Cooling-off rights, whether they apply and how they are worded
  5. Easements or zoning restrictions that could affect future plans
  6. The planning certificate and, for a unit, the strata records. Our guide to strata, Torrens and off the plan title explains why the title type changes the checks

We review your contract within two business days of receiving it, and often the same day. If you want to know what you’re reading, our guide to what goes in a NSW contract for sale covers the planning certificate and the rest of the pack, and first timers can start with what first home buyers get wrong. In NSW, both licensed conveyancers and solicitors can run your matter from start to finish, and we have both. We just don’t do disputes. Titlespace is a conveyancing law firm based in Sydney, acting on purchases, sales and transfers in NSW, VIC, QLD and the ACT. If you’re buying in Sydney, our conveyancer in Sydney page covers the local version, and the conveyancing in NSW hub covers the rest of the state.

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The content of this blog post is intended as general information and should be considered broad guidance only. It does not constitute legal, financial or tax advice and should not be relied upon as such. The views expressed by guests are their own, were given at the time of recording and are general and factual in nature. Every property transaction is different, and we recommend seeking personalised advice from a qualified professional before making any investment or legal decisions.

Read the transcript Full 19 minute episode · search it or jump to any moment
58 passages
Gianni Musumeci: Welcome back to another episode of the Not Another Property Podcast. As usual, I'm joined by my trusted professionals: Daniella Muzitano from Titlespace Conveyancing, accountant George Koletti from Access Professionals, financial planner Andrew Chan from Phoenix Private Wealth Management, and Mark Horvat, buyer's agent from The Acquiry. Before we get into today's question, just a quick disclaimer: none of what you're going to hear today is specific financial advice.
Gianni Musumeci: Please take that into account when making decisions. If you are looking to make decisions on your financial situation, please seek the advice of a trusted professional. Today's question is the mistake that costs more than stamp duty: getting your team wrong when it comes to purchasing property. I wanted to start with you, Daniella. What is one decision buyers make before getting legal advice that causes problems you just can't fix later on?
Daniella Muzitano: Signing the contract. That's the obvious answer, and it does happen. We often receive a contract after an auction that happened over the weekend, and unfortunately people think that contracts are standard, but they're not. There are special conditions. There may be easements or covenants registered on title that could be an issue in the future. For example, if there's an easement on title and you want to build a pool, and that easement prevents you from doing so, you've bought a house dreaming of this beautiful backyard with a pool and you can't do it.
Daniella Muzitano: Obviously you can sign a contract with a cooling off period, not at auction, but still. Even so, if you terminate that contract during that period, you lose 0.25% of the deposit.
Gianni Musumeci: Yeah, 100%. Using that scenario of going to auction, how can people better prepare themselves to enter into a contract over the weekend?
Daniella Muzitano: They need to have it reviewed by a professional, so we can provide advice and negotiate any terms that may be favourable to the vendor rather than the buyer. Once that's all done, then you are fine to register and bid at auction.
Gianni Musumeci: I think a lot of people don't realise that you can negotiate the contract, and that amendments can be made to the contract as well. Not only at auction, but in private treaty as well.
Daniella Muzitano: Correct. You can negotiate terms before signing the contract, even if there is a cooling off period. We always advise our clients to send us the contract and let us have a look at it, even if you have the cooling off period, just to make sure that if there's anything that needs to be negotiated, it's done before it's signed. Then during the cooling off period you can do your inspections and you can work out your finances.
Daniella Muzitano: But the contract we always ask to be reviewed before.
Gianni Musumeci: Very important. I wanted to dial it back a little, before you get to signing the contract. Mark, it's essentially the decision between using a buyer's agent and not using a buyer's agent. What is the difference? Let's start with turnaround time between buying with and without.
Mark Horvat: I definitely think with a buyer's agent there's always an injection of movement. It's not taking its time, it's not going slow, it's not being postponed. What we try to do is bring a lot of momentum and keep things moving along. There are always setbacks in a search, disappointments, and I think a lot of the time it takes people a little while to recover.
Mark Horvat: So one thing you find is there's just momentum throughout. It's consistent. And that support and encouragement, during what can be an emotionally uplifting and draining process, is with you all the time.
Gianni Musumeci: Because there's a certain amount of not only turnaround time but touch time associated with going to inspections, talking to sales agents, reviewing contracts with professionals and understanding your finances. As a result, people are delaying getting into the market, particularly when you're purchasing in a market that's moving, sometimes at 1 or 2% per month. What does that mean financially?
Mark Horvat: There are two major costs to that delay. The first one is financial. Obviously, if you're looking at a marketplace that is growing by 1 or 2% a month, as we've seen a lot in the last few years, it's extremely expensive to buy something six months later that you could have purchased at the beginning for 10% less.
Mark Horvat: So what we're able to do is really get some energy, some momentum, and get a buyer to a position of decisiveness as quickly as possible. I think it takes buyers a long time to get there. There's also the emotional cost: six months of missed practices, six months of family events that you're not attending.
Mark Horvat: Constantly scrolling, every conversation in your life is about making this one decision. If you're able to move on a lot more quickly, I think that's an unrealised value add that most buyers, until they go through the process, don't realise. It's not something they'd considered.
Gianni Musumeci: There are a few costs you touched on there. You touched on emotional costs, we touched on financial opportunity cost, but there's also that other cost of missing out on family events or things getting in the way. Let's touch on the emotional cost. I'm sure you find that after three to six months of searching, buyers are just like, whatever comes, I'll just pay the price.
Mark Horvat: You've described right there, I think, the reason why so many buyers ultimately end up overpaying. It's not always because they're unaware of what they're doing. I think it's just a really keen desire to get it over with. They've missed out before, perhaps they didn't go as aggressively as they should have, so they end up just wanting it to be over.
Mark Horvat: And I think it's kind of sad. A property purchase should be exciting. It should be a huge milestone in people's lives, but it ends up being something that you just want to be done with. Again, having that professional, that encouragement: there are so many times when you're working with a buyer and they need a bit of a motivational talk, a bit of, we're going to pivot, we're going to get there.
Mark Horvat: Don't worry. The emotional cost and toll of months and months of ups and downs and missing things, which sometimes feels like it's for nothing, is something that, working with an agent like myself, you don't have to think about or deal with.
Gianni Musumeci: Yeah, 100%. You're shifting or outsourcing that emotional aspect, which I think is a bigger benefit. Moving on to Andrew, from a financial planning perspective: I understand you may not deal with the emotion, but there is always going to be emotion around why we're purchasing property. How do you have that conversation?
Andrew Chan: Whenever I listen to people talk about property, as a financial adviser we can't give advice in a casual setting, hence the disclaimer today. You'll hear people give advice, be it mum, dad, uncles, aunties. They'll give advice from their own personal experience. But the world is very different today, and it's not a matter of if you can.
Andrew Chan: A lot of the advice is, you can just do this because you can. The question should be, should you? Should you comes before can you, because should you means: what are the other circumstances in your life, what do you want for your life? There might be a standard of living that you want to have.
Andrew Chan: If you gear up too much, you might not be able to go out with your friends. You might not be able to provide the level of schooling you want for your child. If you're a bit older, you also need to think about whether at some point you need to buy into aged care for yourself or for your parents.
Andrew Chan: How does that affect cash flow if I'm solely responsible? There's a multitude of factors in whether you should, and we help cover those off before whether you can. I've seen a lot of mistakes when people just go out, they've been on a holiday, George would know this, and they've seen the perfect house, because they're mired in emotion.
Andrew Chan: This is your area as buyer's agents, to say, hey, don't buy with emotion. That's why you have a team. When someone's really fallen in love with a property, we're lost, because it is a commercial transaction. So what we want to get back to is: can you? What circumstances will you be in over the next five, ten, 15, 20, 30 years that will allow you to successfully close out this deal?
Andrew Chan: I've heard it all. I've had clients buy a property before they'd sold their last one and end up in a real mess. I have a client who bought a property because they loved the holiday area, but they forgot all their family were somewhere else and they had to sell up. I've had clients who thought to buy a property because they're pregnant with their second child, and they can get the finance from the mortgage broker, and say, hey, great.
Andrew Chan: I can get that. But they don't think about: then I have two kids, then I'm exposed, what if my husband's out of work? These scenarios need to be thought out and spoken through. You can mitigate certain risks and have certain buffers in place, but this is why we want to have those conversations early on.
Andrew Chan: You'll never fully remove the emotion from it, but at least you can have a good, honest discussion.
Gianni Musumeci: Owning property is somewhat of a burden as well, financially and almost emotionally in some cases. But I'm sure the conversation is different between buying an owner occupied property and an investment property. There's a certain lustre, and it's almost seen as a symbol in this country, owning property. How do you have that conversation around, okay, what is the purpose of this and why are we purchasing? I think you touched on it a little.
Andrew Chan: That's a very good point. The way you choose an investment property is very different to how you choose the property you're going to live in. With the property you live in, people obsess too much about timing. What I say they should focus on is cash flow risk management. As long as you can hold that property comfortably, with all the considerations stacked, interest rates, inflation, loss of a job for a period, and you can hold it without toppling your investment portfolio, wherever that may be, then you can just hold it.
Andrew Chan: It's not about timing the market. It's about time in the market, whatever your asset class is. When it comes to investments, it's different. We've seen investment change in the way the government is very much leaning towards tenants. We saw in Covid they were very pro tenant in times of crisis. So if that's the case, and it looks like we're heading to a downturn, it's a great opportunity to buy.
Andrew Chan: But in those opportunities the risks stack upon themselves: the possibility of losing income, reduced earning hours, possible loss of a tenant, increased insurance costs. They compound; they don't just happen one at a time. You'll find suddenly rates are going up. So if you factor that in, you've chosen your property and you haven't overpaid.
Andrew Chan: You've negotiated well, you've got your numbers right, you've got that fat in there. You've got the right depreciation, the right tax incentives. You come out with a strong balance sheet and strong cash flow. It has to be clinical in how you buy, because it's not emotional.
Andrew Chan: Investment: no emotions. And if it's something you're buying for the sake of love, just make sure you buy it and you can afford to hold it, because you never sell it again, and it'll be worth your time with your family and all those wonderful things that you don't want to miss out on.
Gianni Musumeci: Cash flow is very important. We've talked previously about tax implications as well, particularly for investment property, so maybe this is a good transition to George. What tax or ownership mistakes do you see property investors or first time buyers make when it comes to buying either an investment property or an owner occupied property?
George Koletti: I think what Andrew was saying is absolutely right. When you're talking about the emotional aspects of purchasing a property, it's really important to consider that if you're buying a property because you want to live in it, it's for all the reasons that you want to live in a particular area and a particular style of home.
George Koletti: So you're less concerned about any of the tax aspects of it, because it's your principal place of residence, and unless something materially changes with that, you're okay from a tax perspective. What is a consideration is the cash flow: can you meet those requirements? Andrew touched on it perfectly in relation to a family going into a home where they're heavily pregnant or expecting their second child.
George Koletti: We know that potentially one of the parents is going to have no income. All of a sudden you've got half the amount of revenue coming in for the family. Can you then afford to do that? And you've got to consider, is this a stepping stone to the next one? Maybe. So you've got to consider those factors. From a tax perspective, on an investment property, there are slightly different considerations.
George Koletti: Take every single bit of emotion out of it. This is why having the team is so fundamentally important. I will do nothing for any of our clients unless they've got the team that's sitting here actually considering that decision. Because unless you've looked at the contract and you know exactly what you're going to buy, and you've got yourself or Mark involved in saying, well, this is what we need to buy because of these reasons, and taken the emotion completely out of it, the emotion is what sets them back, delaying their consideration and also making the wrong decision.
George Koletti: Emotional decisions on property, on an investment property, are the worst possible thing you could do.
Gianni Musumeci: We've talked a lot about emotion and being blinded by emotion. But I'm sure, Mark, there are a number of emotional mistakes you see people make where they've forgotten key due diligence steps. What are some of those key due diligence steps you take your clients through, and what's the cost of missing them?
Mark Horvat: I think there are personal ones and then more general ones. The personal one I see a lot is they're thinking about their life today and not the life they might be living a couple of years down the line. They're not taking into account schools, transport, parks, recreation, all the different things that make up how they're going to live in the property for the majority of their period of ownership, not what they're looking at today.
Mark Horvat: Layouts, just different things that a good agent helps them consider and look out for during the whole process. From a due diligence standpoint, there are a lot of things with the nature of certain suburbs changing, and what the type of property is going to be like within a specific area.
Mark Horvat: Sydney is particularly a place that's going to evolve and change. It's constantly evolving. So it's really about helping people look at the specifics that will affect their property, but also their nearby location, not just for today but five years, 15 years down the line. It's amazing how many people I see miss out on purchasing a property that they could walk their kids to school from for 15 years, and buy something instead where they're 15 minutes in the car.
Mark Horvat: You see that all the time, and it's just not something you really need.
Gianni Musumeci: You touched on some of the characteristics of the home. I'm sure you have the conversation around, we can put an extra room in or go up a level, and all those details. But then there are the zoning characteristics of the property as well, and that can potentially hamper their plans in the future. How do you go about educating people on what they can and can't do when it comes to renovating?
Mark Horvat: It's a really good question. I think people always underestimate the cost, and they underestimate exactly how difficult it would be to do. Going back to that thinking about people considering multi-generational living and having parents living there: we could just convert this, convert that. Day to day life goes on when people move in, particularly into their owner occupied property. They don't immediately move in and get on to all of these different things.
Mark Horvat: They get on with life, they pay the bills, they make sure they've got all of that coming through. So it's really about making sure that we speak to the right people beforehand to get clarity on what is possible. I really think it's important to have a good idea of how much it's going to cost, what we can and can't do, and how easy it is to do.
Mark Horvat: Obviously apartments can sometimes be tricky to reconfigure, and houses as well. So it's about getting that clarity and confidence, but doing it quickly, because we don't have all day to make a decision. Normally the best opportunities and the best results come when you've got clarity, you know what you're trying to do, and you're able to get that clarity quickly.
Gianni Musumeci: Especially in today's market, you really don't have time, because you're facing competition as well, and you need to understand what you can and can't do. I'm sure that happens in the conversation between somebody like yourself and Daniella from a legal aspect. Daniella touched on putting a pool in. So if you do plan to turn it into a multi-generational dwelling, or even put a pool in and renovate, is there an encumbrance on it?
Gianni Musumeci: What are some of the checks that you go through to cater for some of those future needs that buyers might have?
Daniella Muzitano: First thing, obviously, we go through the title to make sure there are no easements or covenants registered. Then the next thing is to understand what the client wants to do, and then get on to council.
Daniella Muzitano: Go through the planning certificate, but get on to council.
Gianni Musumeci: To get the process going, and ensure that you can get the approval from council. And even more complex, the strata by-laws. If you're starting to renovate a strata title property, how important is doing a strata report and understanding the strata by-laws?
Daniella Muzitano: Yeah, we do that. We go through the by-laws with clients and discuss what has been done or what can be done. Often clients will come to us and say, I want to do this, can you please make sure you check the contract for that? And we do.
Gianni Musumeci: Okay. It's good to highlight a specific need or want as well. If we've taken anything out of today, I think it's important to understand that you shouldn't enter into a property lightly. I think any sales agent will take your money. At the end of the day, you need to ensure that it's fit for your purpose.
Gianni Musumeci: So I want to thank our trusted professionals for their insight, education and experience in providing all of that today. Thank you very much.

Machine transcribed and tidied: transcription errors fixed and filler removed, meaning unchanged. It is spoken word, so it reads less tidily than written copy.

FAQs that we get. A LOT.

Who should be on my team when buying a property?

The panel on this episode is the shortlist. A conveyancer or solicitor for the contract and the legal checks, a broker or lender for the finance, a financial planner if the purchase has to fit around the rest of your life, an accountant if it is an investment, and a buyer’s agent if you want the search and the negotiation run for you. Not every buyer needs all five. The point the panel made is that each one answers a different question, and the buyers who get into trouble are usually the ones who asked nobody. George Koletti’s rule for his own clients is that he will not act on a purchase until the rest of the team has looked at the decision. In NSW, both licensed conveyancers and solicitors can run your matter from start to finish.

Yes, and that is the moment to do it. In NSW the contract for sale is prepared by the seller’s side, so the buyer’s conveyancer reads it and asks for changes to the special conditions before the buyer signs. Daniella Muzitano’s point on the episode was that this applies even when a cooling-off period is available: send the contract for review first, sign once the terms are sorted, and keep the cooling-off period for the building and pest inspection and finance. Cooling off is a safety net, not a plan. Five business days will not cover finance, a building and pest report and a strata search read properly.

On the episode, Mark Horvat of The Acquiry described the job less as finding listings and more as keeping a purchase moving. A buyer’s agent searches, inspects, deals with the selling agents, negotiates and keeps the buyer decisive after the disappointments that come with any search. Mark’s view is that the biggest value is momentum: buyers who search for months on their own lose energy, and in his experience that is when they overpay just to be done. A buyer’s agent does not do the conveyancing; the contract review and the legal checks still sit with your conveyancer. Whether you want one is a question of budget and temperament, not a legal requirement.

Mark Horvat put two numbers on it, and they are his figures, not ours. In a market growing by 1 or 2 per cent a month, which he says Sydney has seen for stretches of recent years, a property bought six months into the search can cost around 10 per cent more than it would have at the start. The second cost is not on any spreadsheet: six months of weekends at open homes, missed family events and every conversation turning into a property conversation. His argument is that a decisive buyer with the right team pays less, in money and in weekends, than a tired one. Markets also fall, so treat the figures as his illustration of a rising market, not a forecast.

Treat it as due diligence, and start with the title. Daniella Muzitano’s first check is whether any easements or covenants are registered on it, because easements or zoning restrictions could affect future plans; the episode’s example was a pool that an easement would not allow. Our guide to what an easement is explains how to read one. Next is the plan itself: what you want to do, read against the planning certificate, and a conversation with council about whether it is likely to be approved. For a unit, Daniella also goes through the strata by-laws with clients to see what has been done and what can be done, because the by-laws can limit what you change inside your lot. Mark Horvat’s warning was that buyers underestimate both the cost and the difficulty of the renovation they have in mind, so get clarity before you commit, not after you move in. Our pre-contract inspection checklist covers the physical checks that sit alongside these legal ones.

According to Andrew Chan and George Koletti, the difference is the question you ask. For a home, both said the test is whether you can hold it comfortably through rate rises, a job loss or a stretch on one income, and that timing matters far less than people think. For an investment, Andrew’s word was clinical: the numbers, the buffers and the tax position decide, and emotion stays at the door. George added that a principal place of residence rarely raises tax questions unless something materially changes, while an investment property brings different tax considerations that need the accountant in the room. These are the guests’ views, given at the time of recording, and not financial or tax advice. The legal side is the same in both cases: the contract gets reviewed before you sign it.

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