A slice of the auction

With demand remaining low, and your research done, now’s the time to do your bidding.

‘I’m cleaning up at the moment,” buyer’s agent Amanda Segers says.

”There’s some good properties out there and nobody is making decisions, so I’ve got no competition.”

Segers is buying about two houses a week for her clients and is finding the best deals in the $750,000 to $3 million range. One of these was a three-bedroom townhouse in Wollstonecraft that she bought for $895,000, down from $950,000.

Despite there being some strong sales across Sydney this spring – with some going hundreds and thousands over reserve – the market generally is full of opportunity for buyers. Auction clearance rates have nudged 60 per cent recently. But an auctioneer and the director at Cooley Auctions, Damien Cooley, says the market is not as strong as he had expected and there are ”some exceptional buying opportunities compared with previous years”.

So if buyers are going to capitalise on this opportunity, they need to understand the auction process.

Pre-auction

Rather swallow razor blades than bid at an auction? Then buying beforehand will seem like a great idea. With agents often struggling to find enough buyers for an auction, many will jump at the chance to secure the sale beforehand.

But Rich Harvey from propertybuyer.com.au warns you must do your research on comparable sales in the area to ensure you aren’t paying too much.

”We find in many cases the vendors will want a premium price prior to going to auction,” he says.

Another risk of making a pre-auction offer is that it allows the vendor’s agent to use it as leverage with other interested buyers – whose counter offers you are not privy to – and, ultimately, to drive up the price, says a buying consultant with Rose and Jones, Stuart Jones.

You could find yourself, in effect, in a silent auction, he says – one that isn’t transparent like a real auction.

”A fictitious other buyer may appear to try to make you bid up and you don’t want to be bidding against yourself,” Harvey says.

You could ask the agent to show you the offer in writing. If that doesn’t work, the best thing to do, he says, is to make your best offer and tell the agent you will not be making others. If someone else has deeper pockets, so be it. Or it could proceed to auction. If you’re still interested but don’t want to bid, you could ask a friend or a buyer’s agent to do it on your behalf.

Don’t forget, in the current uncertain market, you could get it for less than you expected.

The auction

There are many strategies when it comes to bidding at auction but one thing all experts agree on is that buyers need a spending limit and need to be firm about sticking to it.

A buyer’s agent from Homesearch Solutions, Henry Wilkinson, says he is always amazed at how many bidders don’t have this limit nutted out before the action starts and instead are guided by others.

This indecision is a recipe for ”buyers’ remorse”, Jones says, which can happen if buyers just miss out or pay slightly more than they can afford. His suggestion: walk away when you’ve reached your limit.

As well as having a maximum price, you should always bid confidently and strongly, buyer’s agents say.

Segers also cautions against talking between yourselves while the auction is under way as it gives an air of uncertainty and could tip off other buyers, the auctioneer and agents that you’re close to your limit. ”Make it look like you’ve come in with plenty of money and you’re there to buy the property,” she says.

Cooley says auctioneers read the body language and confidence of bidders to gauge who are the most likely to buy the property.

Another big no-no, Jones says, is bidding against yourself, which can happen if a vendor’s bid is placed after yours and you are asked to bid again. Auctioneers also encourage this by telling bidders to raise their last bid so they have a better chance of buying. In this instance, Harvey says, bidders should resist offering more until the property has passed in or there are other bidders.

However, Cooley says raising an offer is sometimes necessary at an auction if a bidder is going to buy the property.

When deciding how to bid at auction, buyer’s agents say there is no hard-and-fast rule. One strategy is opening the bidding low – but not ”offensively low”, Cooley says – and then offering small bids rapidly after the previous bidder.

Another is to wait until the bidding has slowed to small increments and then come in with a strong bid over the top.

Whatever the method, Wilkinson says it’s important to try to push the bidding increments down. For example, if the bids are going up in lots of $25,000, ”you may have paid $24,000 too much”.

However, Harvey says, a big bid at the end can often knock out the competition: ”It depends on how much you want the property.”

Passed in

If the bidding has stalled before reaching the reserve, after asking the agent to consult with the vendor an auctioneer will pass in the property. The highest bidder is usually then given first opportunity to negotiate a price. But Segers says this is not a ”right” or a law, just ”agent talk”. Anyone can make an offer. ”They’re not going to say, ‘Go away, we don’t want your money,”’ she says.

But McGrath agent Ben Collier says giving the highest bidder the first chance to negotiate is ”a protocol that most agents adhere to”.

Segers’ strategy if a house has passed in is to decide on an amount with her buyers, then write the offer on a contract, get the buyers to sign it and hand the contract to the agent: ”If they choose to exchange, that’s up to them.” Once the auction has finished, the advantage goes to the buyer ”big time”, she says, as most buyers walk away at that point.

However, Collier says, buyers don’t always walk away. At an auction he held recently, none of the eight parties made a bid before it was passed in. Afterwards, six of the eight groups wanted to make an offer, turning the negotiations into a silent auction. Each group was told the reserve price and asked to give their best offer.

”That was frustrating for the other buyers once it got to that stage because they couldn’t see if they were going to miss out by $2000 or $20,000,” Collier says. ”Then they felt they should have put their hand up at the auction.”

The property ended up selling for $50,000 more than reserve.

Good advice

  • Do your homework: find out how much the house is worth.
  • Always have a spending limit and stick to it.
  • Never bid against yourself.
  • Always bid confidently and strongly.
  • Don’t talk to the auctioneer or agents during the auction.
  • Never talk, or look, at your spouse or partner during the auction.
  • Have a plan of how you are going to bid.
  • Try to bid in small increments.
  • Consider a knockout bid.

‘You have to be ready to walk away’

With a decade of buying and selling under her belt, the principal of Good Deeds Property Buyers, Veronica Morgan, is no stranger to the auction process.

In her other guise, as a presenter of Relocation Relocation Australia, a new show on Foxtel’s LifeStyle channel, she has more eyes on her than at a typical Saturday auction.

For example, in the show’s first episode, which screened on September 28, she bid on a house in the inner-Brisbane suburb of Paddington – for a Sydney couple, Rae and Karl – and managed to win the property right on her clients’ limit of $540,000. Watching her, however, you would think she had thousands more to spend.

Morgan started confidently against another bidder, quickly jumping in after every opposing bid, upping the price by $5000. At one point she stopped to see whether the house would be put on the market. When it was, she came back quickly with a knockout bid.

”What the other buyer didn’t know was that that was all I had in the tank,” she says. ”One of the things we often do is make it look like we’ve got bottomless pockets. My goal is to psych out the other parties … [show] I mean business, I’m going to keep bidding.”

Morgan says her strategy depends on a host of factors, such as who is bidding and how many bidders there are. She always has an upper limit above which she does not bid. This is decided after ”very rigorous price research” and discussions with her buyers.

”And if someone’s prepared to pay more than you, you have to be very comfortable to walk away.”

Source : Antony Lawes, Sydney Morning Herald (Domain), 8 October 2011


Auction Procedures and Powers of Attorney

The alternative to Private Treaty is sale by Auction.  This is where a property is offered for sale to the highest bidder on Auction Day. The property will usually be open for inspection for around 3-4 weeks before auction day. It is important that all due diligence (ie. Checking the contract, building and pest inspections, strata reports etc) be carried out before the auction day, as unlike Private Treaty, once the hammer falls, the property is sold and there is no cooling off period. A deposit, usually 10% is payable after the auction at the time of signing the Contract of Sale.

If a property passes in at auction and you are the highest bidder, you normally have the first right of negotiation with the vendor (or agent).

It is also possible to buy a property prior to auction, simply by getting “Offer & Acceptance” and following the due diligence procedures as shown above in Purchasing by Private Treaty. After successful exchange the property auction will then be cancelled. Remember also that there is no cooling off period if you buy pre-auction.

Auction Bidding Register & Confidentiality Issues

There were substantial changes brought about in relation to dummy bidding & auction bidding registers by the reformed Property Stock & Business Agents Act (2002).

These New South Wales laws now allow for only one dummy (vendor) bid at a property auction, which must be announced when made, and in practice is usually done by the auctioneer. When introduced there were fears that instead of the selling agent’s past practice of employing professional dummy bidders to go from auction to auction, vendors would continue to have family, friends & associates to do the dummy bidding for them, as they also have in the past. However the Australian Competition & Consumer Commission (ACCC) has since stepped in and added weight to banning the practice of dummy bidding across Australia, by promising fines of up to $1.2 Million for real estate companies, and up to $220,000 for vendors and individuals. The combination of these laws appear to have made a marked difference to the performance of auctions.

A major concern from buyers about the new Bidding Register is that of confidentiality. Regardless of the Privacy Act regulations prohibiting selling agents from using the register information for future marketing, they will have records in their office of the auctions that a buyer has attended, and therefore a clear idea of their budget and other information.

One way around having your name disclosed on the bidding register is to employ a Homesearch Solutions to do the bidding on your behalf, by giving us a strictly limited Power of Attorney. Under these circumstances we will only have to put our name on the register and not the actual buyer’s, which will maintain confidentiality.

The terms of the Power of Attorney can be as specific and limited as the buyer wants, such as keeping it to a particular property on a set date, and also be subject to a separate letter which states the bidding limit.

People that may be inclined to use this system are: buyers who have made rejected pre-auction offers and who want to remain anonymous to the selling agent at the auction, high profile community members, those intimidated by the auction room, and also people concerned about selling agents having access to the register.


NSW Auctions Bidders Guide

Bidders guide

Residential and rural property auctions

You will not be able to bid at an auction of residential and rural property in NSW unless you give the selling agent your name and address and show proof of your identity. Your details will be recorded by the agent in the Bidders Record and at the auction you will be given a bidder’s number. Registering for an auction does not mean you must bid. Registering simply gives you the right to bid.

Who needs to register?

If you are bidding to buy the property jointly with another person, for example, a spouse or partner, only one of you needs to register.

You need to register if you are bidding for another person or a company, and you need to show the agent a letter of authority from them, authorising you to bid on their behalf. This also applies if you are bidding on behalf of someone on the telephone.

If you are bidding for another person the letter of authority must include the person’s name, address and the number on their proof of identity (eg. driver’s licence).

If you are bidding for a company the letter of authority must be on the company letterhead and the ABN will be recorded in the Bidders Record as the company’s proof of identity.

Proof of identity

To register, you must present a card or document issued by government or a financial institution, that shows your name and address, for example:

  • driver’s licence or learner’s permit
  • vehicle registration paper
  • council rates notice.

If you do not have this kind of proof of identity, you can use two documents that together show your name and address.

One must show your name and be issued by a government or financial institution, for example:

  • passport
  • Medicare card
  • ATM/Eftpos card
  • credit card or store card
  • birth certificate
  • citizenship papers.

The other must show your address, for example:

  • utilities bill (eg. gas, electricity, telephone)
  • real estate rental agreement
  • statutory declaration stating your address.

When to register

You can register with the selling agent at any time prior to the auction, such as when you inspect the property, or on the day itself.

If you pre-register, you will still need to show the agent your proof of identity on auction day. The agent will then give you your bidder’s number.

What happens at registration

The agent will write your name, address and the number of your proof of identity in the Bidders Record and, if you are bidding for someone else or a company, their name, address and proof of identity details. The agent will then give you your bidder’s number, which must be displayed when you bid.

What if I arrive at the auction late?

If you arrive after the auction has started and wish to bid, you will need to quickly find the agent and register or present your proof of identity, if you have pre-registered.

If you need to make a bid immediately, hold up your hand to let the auctioneer know you are going to make a bid after you have registered.

As soon as you have a bidder’s number, the auctioneer can accept your bids. Return your bidder’s number to the agent after the auction.

Your privacy

The agent is not permitted to show the Bidders Record to anyone, including the property owner. Only an authorised person from the Office of Fair Trading is permitted to see the Bidders Record.

The agent must store the Bidders Record securely and cannot use it for any purpose.

Auction conditions

This auction is being conducted under certain conditions that are set by law.

The auctioneer will have these conditions on display before the auction so that you can read them. The auction conditions include:

  • the highest bidder is the purchaser, subject to any reserve price
  • the auctioneer is entitled to make one bid only on behalf of the seller
  • before the auction, the auctioneer must announce that the auctioneer is permitted to make one bid on behalf of the seller
  • the auctioneer must announce immediately before, or in the process of making the bid, that he/she is making a vendor bid
  • the auctioneer can refuse a bid that is not in the interests of the seller
  • the auctioneer has no authority to accept a late bid, that is, a bid after the fall of the hammer
  • if there is a disputed bid, the auctioneer is the sole arbitrator and makes the final decision
  • the successful buyer’s name must be given to the auctioneer as soon as possible.

Successful bids

If you are the successful bidder, you must sign the sale contract and pay a deposit on the spot, usually ten per cent of the purchase price. There is no cooling-off period when you buy at auction.

After the exchange of contracts, your solicitor or conveyancer will carry out various searches on the property. Your solicitor and the seller’s legal representative will then arrange for settlement at which time you must pay the balance of the purchase price.

Dummy bidding and collusion

It is illegal to make dummy bids at an auction.

The seller of the property is entitled to have one bid made on their behalf by the auctioneer. When the seller’s bid is made the auctioneer must announce it as a vendor bid.

If you make dummy bids for the seller, you may be prosecuted and fined up to $55,000. The property seller who asked you to bid can also be fined up to $55,000, as can the agent and the auctioneer if they were involved in the arrangement.

It is an offence to collude with someone to interfere with free and open competition at the auction. This offence carries a maximum fine of $55,000.

Co-owners and executors

A co-owner, executor or administrator or someone bidding on their behalf, may make more than one bid to purchase the property as long as:

  • this is outlined in the auction conditions
  • the auctioneer has announced this before the start of bidding at the auction
  • the auctioneer announces before the start of the auction, the bidder registration number of any co-owner, executor, administrator, or someone bidding on their behalf.

From NSW Office of Fair Trading Website www.fairtrading.nsw.gov.au


Online Auctions

Online auctions really click with bidders

Mari Gibson Domain Sunday Editor
April 11, 2009

THE auction of your dream house starts, an auctioneer works the room – and you sit comfortably at home watching it all online, calmly waiting to bid by keystroke.

Welcome to live auction webcasting.

PTY Auctions is the company behind the technology, which managing director Gavin Stuart says is a winner in today’s climate as it gets “every bidder in the room”, even if they are in Melbourne, London or Dubai. Mr Stuart says www.ptyauctions.com.au differs from most online auction sites because of its webcasting, which is used by several of Sydney’s big real estate agencies, including Century 21 and PRDnationwide. It has a database of 100,000 expatriate potential buyers.

Online bidding is another tool buyers can use to research and buy a property without having crossed its threshold. As well as virtually walking through homes via online videos, buyers can look at aerial views with Google Earth and check out the neighbours by going to maps.google.com.au and clicking on “street view”.

Century 21 Cordeau Marshall director Craig Marshall said online bidding replaced “the old days” of bidding at auction through a third party over the phone, and was convenient for time poor or nervous buyers.

Mr Stuart has held 500 webcast auctions since 2007.Bidders watch the auctioneer, and bids are displayed on their screens.

David Van Es and his wife, Suzie, sold their house in Wahroonga last year when an online buyer in Melbourne made the winning bid of $611,000 for their Havilah Avenue property.


Vendor's Dummy Bid

Under the current laws the vendor is entitled to only one vendor (dummy) bid and is usually done by the auctioneer. This bid is often done at a high amount as the venor/agent want a high published passed in figure if there are no further bids.

Therefore it is usually a good idea to make a bid before the vendor’s bid is placed to keep some momentum to the auction, as buyer’s rrarely put forward bids after a vendor’s bid.