My Real Estate Agent is a Rogue

Hi Scott,
 
We had a terrible 2022, starting with listing our apartment for sale in May – right at the time interest rates went up in record succession. It ultimately resulted in our agent pulling all sorts of manoeuvres to get us to drop our price. We didn’t take the bait, and he delisted our property, meaning we lost the upfront marketing costs of $7,000. Two complaints to Consumer Affairs to no avail, so we lost that money. I’ve taken it really badly – it’s been a big confidence hit, not to mention the daily guilt I feel for putting my family in this situation. What can I do to get some of this money back? How are consumers able to hold businesses accountable when there are no consequences for unethical behaviour?
 
Linda
 
Hi Linda,
 
It’s a hard one.
 
So perhaps the agent got you on the books by touting an unrealistically high price … and then began knocking you down to reality. It happens a lot, especially with numbskull agents.
 
Or maybe it was the fact that you listed your house at the tail end of the Covid property boom and got caught out. From May to January, house prices in capital cities pulled back 8.6%.
 
I know I sound unsympathetic, but you can’t blame your real estate agent for that. His one and only job is to go out and find the highest price the market is prepared to pay.
 
It’s your job to decide whether you’ll accept it. And if you’ve anchored your price 10% higher than the market is prepared to pay, that’s not his fault. I think it would be a hard ask to get a refund on the dough his agency has spent marketing your property to the property portals.
 
Please don’t beat yourself up. This is all part of the emotionally and financially taxing process of selling a property. From here on out, focus on the reason you decided to sell in the first place … and what your next steps are.

Scott.

The Scumbag Landlord

G’day Barefoot,
 
My wife and I are very lucky. We own two investment properties that basically pay for themselves. Trouble is, we live in another state and rent ourselves. If we sold our two rentals we could afford to buy a family home for cash — but we feel obligated to our tenants. Both rentals have long-term tenants and we charge about $50 a week less than market to help them out. If we sold, they’d be out on their own and unlikely to be able to afford to rent anywhere nearby, and their kids would have to change schools and I’d feel like a scumbag capitalist. What should we do to not make two families homeless but get ourselves into our own home?

Brendan
 
Hi Brendan,
 
You sound like the sort of bloke I’d like to have a non-alcoholic beer with.  
 
As a renter yourself you understand just how absolutely bonkers things are right now:
 
The national rental vacancy rate sits at just 0.9%, according to SQM Research. Meanwhile, rents have rocketed up 20.1% in the last 12 months alone!
 
I have never seen anything like it.
 
It’s a terrible situation, and one that I’m glad I don’t have to grapple with … as a renter, or a landlord.
 
After all, my share portfolio doesn’t have feelings (nor does it suffer burst water pipes at 3am), and my dividends just magically appear in my bank account a couple of times a year.  
 
That said, if I were in your shoes I’d sell the properties and buy your own family a home. That’s not because I’m a scumbag capitalist, but because your first responsibility is to your family.
 
Besides, there are other ways to help struggling people in your community than renting out a few joints slightly below the market rate. You could volunteer at a local food bank, or you could donate money to the Financial Counselling Foundation, who help and fight for some of the most vulnerable people in our community.

Scott.
 

I’ve Been Conned — by My Parents

Dear Scott,

I feel frustrated, confused and taken advantage of. Back when I was just 22 (I am 28 now), my parents could not pay their mortgage and somehow conned me into taking ownership of their house. They promised me money, tax cuts, all the greatness in the world. Stupidly, I said yes and I now have a $500,000 mortgage under my name. They pay for the loan, though they are frequently late, and Mum loves to withdraw from the equity too. I have tried to get my name off the loan but they keep resisting. Worst of all, because I do not live there, I get shafted at tax time. Is there anything I can do?

Zoe

Hi Zoe,

Oh wow.

I’m only getting your side of the story, but let me try and piece together what’s going on:

It sounds like your parents live beyond their means.

And so, to take the pressure off themselves, they decided to make you their landlord … at least on paper.

At which point that pressure transferred onto your shoulders.

So, what should you do?

Well, don’t lose sight of the fact that the most valuable asset in this situation is the relationship you have with your parents.

So your first step is to blame me, the Barefoot Investor.

Tell your parents that you wrote to me and I suggested that you talk to an accountant (one who doesn’t know your parents). Ask the accountant to review the situation and advise what you should do. They may find you have significant equity in the property and you’re getting a great return. Or they may find it’s a money pit and you’d be better off selling (it’s your house, after all!).

Whatever the decision, I’d let your parents know that this is what the accountant has advised. In other words, blame me, blame the accountant, and try to keep your relationship intact.

Scott.

First Home Hell

Barefoot,

I have been saving as much as I can. By mid-year we should have a deposit and could start looking at buying rather than renting. I know your normal advice is to buy a house when you can afford it. But does that still apply when these inflated house prices seem like a bit of a false economy?

Doug

Hi Doug,

I feel for you.

Property prices are getting juiced because of low interest rates.

And the Reserve Bank has said they’ll keep rates at (basically) zero for at least the next three years.

Here’s how this is playing out in the real world.

Greater Bank has a one-year fixed home loan rate of just 1.69%!

The lowest on record.

At the same time, the average rate on a bank savings account, according to Mozo is just 0.18%!

Also the lowest on record.

In other words, right now property prices are at record highs and are rising faster than most people can save. Which is great for people like me who own property, shares or other assets. Yet it’s absolutely horrific for anyone starting from scratch, trying to save and scrounge up a first home deposit.

So, what to do?

Well, there’s all kinds of advice people will try to give you:

Ranging from the practical (save a 20% deposit, take a long view) ...

To the patronising (buy out in Woop Woop and sit on milk crates for a few years) ...

To the pathetic (“I’m 23 and own 75 rental properties, it ain’t that hard if you have a system”).

Yet there are no easy answers.

So instead I want to leave you with this thought:

Interest rates are only going one way from here … up.

I don’t know when. But if you’re taking out a 25-year mortgage, well, chances are you’ll see hikes.

And that’s why I’ve consistently advised people to stick with what works …

Save up a 20% deposit, find a home you’re happy to live in for 10 years, buy it.

Forget about what the market is doing.

Scott.

My ‘Free’ Land Cost Me $140 Grand

Barefoot,

My brother and I — both in our sixties — did a land swap, with no money changing hands. The aim was to facilitate generational change (when we eventually die). Now I have now been hit with a $140,000 capital gains tax bill! Is there anything I can do about it, even though I received no money at all?

Jamie

Hi Jamie,

No, you’re screwed.

Had you spoken to your accountant beforehand, they would have explained that (a) the ATO data-matches everything, (b) capital gains tax (CGT) is triggered when an asset changes hands, and (c) they’ll want their money regardless of whether or not money changed hands.

Yet there is something you can do: talk to your accountant to see if they can arrange a payment plan with the ATO.

Barefoot Sales Spiel

Scott,

I live in the Northern Beaches area of Sydney. The other day, a real estate agent came to my door quoting you saying that house prices are sure to drop in the coming months and now is the time to sell. I instinctively don’t trust salespeople, but is there any truth that you suggested this?

Sam

G’day Sam,

It’s a little twisted sister for my liking.

A few weeks back I wrote about the NAB CEO’s suggestion that people who found themselves in financial difficulty should sell, yet that was him saying it, not me!

In fact, I specifically said “Please don’t misquote me: I am not saying you should sell your home”.

It sounds like the agent is using my name to make a sale (depressingly, that happens quite a bit to me these days).

My advice?

Shut the door in his face.