Contemporaneous Settlements - What they don't tell you...

Just an explanation of what they are first.  Contemporaneous Settlements aka Double Settlements are a property transaction whereby a property is brought and settled twice on the same day; brought once by the property finder, who will have gotten the property at a very discounted rate, and then sold by the property finder and brought again by the end purchaser.

An example on how this works:

Key
Purchaser 1 (P1) - Property Finder
Purchaser 2 (P2) - End Purchaser/Owner

P1 negotiates the purchase price on a property for $200,000
P1 finds P2 and signs up P2 to purchase the property for $250,000
Registered valuation on this property: $260,000

When the settlement day roles around, hopefully everything will go through smoothly and P2 makes $50,000 as their fee, less any agent/solicitor fees etc and P2 purchases a property $10,000 under valuation.

Very simply, this is how it works.

So effectively everybody wins and all is good, right?  Well.... I have some views on this...

I agree that property finders can provide a valuable service.  Their role is to find incredible property deals and because they have the time and resource to do this it can really help some purchasers who potentially wouldn't have brought otherwise.  Property Finders obviously need to get paid on their service and so, a contemporaneous settlement is a good way to ensure this happens.

HOWEVER, what I fear some Property Finders don't tell you is how the banks view these deals and how hard they can be to get approved.

Firstly, if the vendors name on the sale & purchase agreement is not on the title, the bank could want to look into this further and request to see the original sale & purchase agreement between the original vendor and Property Finder.  Banks now look at titles on each purchase.  They didn't used to which is why these deals used to be so frequent.  This is not the case anymore.

So, (referring to key and example above) if the bank sees that P1 has got a contract on the property for $200,000 and P2 is trying to obtain mortgage finance of $200,000 which is 80% of their purchase price of $250,000; the bank will more than likely turn around and say that they will only lend on the original contract.
What does this mean?   It means that the bank will only lend 80% against the $200,000 NOT 80% against the $250,000.  What this effectively means is that you need to come up with another $40,000 for your deposit as the mortgage the bank will approve in this case will be $160,000 (80% of $200,000 - original purchase price).

So, ask questions around the final mortgage approval if you are considering purchasing a property through a property finder.  Check with your bank if they would lend in these circumstances and tell your bank everything; don't hide this as they will find out.

This is based off my market research into this and own personal experience with trying to get these deals through when I was a mortgage broker.