Underquoting rife as dodgy real estate agents break buyer trust

NSW Fair Trading last May established a dedicated underquoting team to address “rising concerns” about the practice. This practice is harming the income of Mortgage Brokers.

Underquoting by real estate agents is becoming more frequent across Australia as a lack of regulation and weak enforcement frustrates those in the property market and forces up prices, according to industry figures.

  • Underquoting by real estate agents is a pervasive issue across Australia, particularly in Sydney, where aspiring first homebuyers are often left with wasted time and money due to unrealistically low price guides.
  • NSW Fair Trading has established a dedicated underquoting team to address concerns about the practice, but fines for agents are topped at $22,000 for those found to have knowingly underquoted, which is considered a paltry fee by industry experts.
  • The lack of enforcement is encouraging more agents to mislead customers, and the lack of regulation is driving up the price of pre-emptive fees such as conveyancing, building permission planning and application costs, consultations with lawyers, and renovation quotes from builders.
  • Buyers agents, who assist prospective homeowners in finding suitable properties, see underquoting happening more frequently and have seen it across competitive city housing markets.
  • Mortgage brokers have closely monitored the commission lawsuit developments, as they believe the settlement could encourage housing professionals to pursue dual-licensing, which could lead to even more dark grey areas in RESPA compliance and potentially impact the mortgage industry.
  • Consumer advocates argue that the practice of having the seller pay the buyer’s broker commission is best served when the seller pays, as it attracts the maximum amount of savings for both parties in terms of time and cost.
  • Underquoting can slow down the home buying process for months as buyers end up wasting a lot of time trying to figure out their budget, and it is illegal in Victoria.
  • To find out if a property is underquoted, buyers should look at realestate.com in the sold section on map view at properties that are similar with the same bedroom and bathroom count on a similar sized block and within a similar price range.
  • Buyers need to do their own research and not assume that all agents underquote in the same way, and they should familiarize themselves with recent sale prices so that they can judge whether the agent is underquoting or overquoting.

Summary of article by the Australian

Banks Move to End ‘Mortgage Wars’: What Borrowers Need to Know

In recent months, lenders have been quietly adjusting their mortgage rates and pulling back on key incentives, signaling an end to what experts have dubbed the “mortgage wars.” Despite the Reserve Bank of Australia (RBA) keeping the cash rate steady, banks are making moves to shore up their bottom lines and prepare for potential rate cuts later in the year.

According to industry experts, the days of banks enticing customers with cashbacks and other incentives seem to be fading. Peter Marshall, a banking and rates expert at Mozo, highlighted the shift in the home loan market away from intense competition among lenders. This move suggests a redirection of efforts toward enhancing profit margins amidst expectations of future rate cuts by the end of 2024.

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Recent data from the Australian Bureau of Statistics (ABS) indicates a decline in lending since July, with variable loan rates steadily increasing across various banking products. Some lenders have raised rates by as much as 30 percent on certain loan products, despite no movement in the cash rate by the RBA.

One notable example is Auswide, which raised its headline variable rate from 5.99 percent to 6.09 percent between December 2023 and January 2024. Marshall emphasized the importance for borrowers to monitor rate adjustments from lenders regularly, irrespective of RBA decisions.

While competition among banks for new mortgages has decreased, there’s a silver lining for borrowers considering fixed-rate options. Mozo reported a downward trend in fixed rates, with 13 lenders cutting rates in January, albeit by modest margins. Additionally, most lenders are extending fixed-rate terms, making these products increasingly attractive to mortgage holders.

In summary, borrowers should stay vigilant about rate movements and be proactive in reviewing their mortgage terms. With the mortgage landscape evolving rapidly, keeping a close eye on lender offerings and considering fixed-rate options could prove beneficial in navigating the changing market dynamics.

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