The ability of a foreign national to make the purchase of
real estate in Australia requires governmental permission.
Before a foreign national can commence seriously the pursuit
of real estate to purchase in Australia, he or she must seek
and obtain permission to purchase real estate from the Foreign
Investment Review Board.
Whether a person is seeking to purchase residential property
or investment real estate, it is important to initiate the
approval process with the Foreign Investment Review Board
early on. Indeed, most people apply for approval from the
Board at least ninety days prior to launching a more concentrated
search for
real estate in Australia.
When it comes to a foreign national investing in residential
or commercial real estate in Australia, getting approval from
the Foreign Investment Review Board really is the most cumbersome
portion of the entire process. Once this approval has been
tendered by the governing Board, the process of satisfying
the legal requirements to purchase and own real estate in
Australia surprisingly is rather simplistic.
Overall, most real
property in Australia is sold either through
what is known as a conventional channel or through auctions.
In considering the conventional course of purchasing real
estate in Australia, when a foreign national identifies a
property that he or she is interested in purchasing, he or
she need only convey an offer to the seller.
In Australia, this initial offer can be verbal or in writing.
Once received by the seller, the seller will either accept
or reject the offer that has been tendered. In many instances,
if the offer is not at the price the seller has set for the
property, the seller may counteroffer. In any event, if an
offer (or counteroffer) ultimately is accepted, a Contract
for Sale will then be drafted.
After the acceptance of the initial offer (or counteroffer),
the buyer is obliged to make what is known as a holding deposit.
Generally speaking, the holding deposit is 10% of the total
price agreed upon for the sale of the real estate in question.
During the period of time in which the Contract for Sale is
being prepared and drafted, a buyer or seller maintain the
ability to back out of the transaction. If this occurs, more
often than not, the buyer is entitled to a refund of the entire
holding deposit.
Once the terms and conditions of the Contract for Sale fully
are hammered out, the parties to the sale will sign the agreement.
The Contract for Sale sets forth all of the conditions, restrictions
and requirements that must be satisfied in advance of the
ultimate and final sale and conveyance of the property. The
primary conditions generally are the buyer obtaining financing
and the seller making certain that there are no encumbrances
on the real estate that would preclude its transfer to a new
owner.
In most locales in Australia, once the Contract for Sale the
deposit that is made by the buyer becomes irrevocable -- in
short, the buyer can't get his or her deposit money back.
However, in some Australian states there is a ten day "cooling
off period" following the execution of the contract for sale.
Within this time period, if the seller decides to back out
of the contract, he or she can do so without losing the security
deposit. There may be some financial penalty to backing out
of the deal, but the majority of the initial deposit will
be refunded.
At this juncture, the parties merely wait for the final wrap
up of the obligations under the contract for sale that each
party assumes pursuant to that agreement. The seller obtains
appropriate financing in most instances and the buyer makes
certain that the property is in proper condition for sale
both physically and legally.
In summary, for many foreign nationals seeking to buy real
estate in Australia, the most difficult hurdle to surmount
is that of gaining authorization from the Investment Review
Board. However, once that is in hand, there are many opportunities
to purchase real estate of all varieties in the country.
Property Abroad always recommends using a
Solicitor
or Lawyer