r/AusProperty • u/neez-duts69 • 14h ago
WA Help from PEXA expert
Just to clarify: Not asking for opinions or advice
Purchasing a new property, have had mine on the market yet it just has not sold. I have an unconditional approval for new purchase when the plan was to sell. The only mention is in the "instructions for solicitor" to ensure existing loans are paid out. At the time of approval the existing loan was with the same bank for my current property.
Since that, I have got a refinance that settled today, to take over that current mortgage and give me the cash required for new purchase. I also have an unconditional with a small non-bank lender for the new purchase - that is aware of my new refinance as it was structured together.
The question is, can I get away with using the first unconditional loan offer? It is still valid and not cancelled as I asked it to be left, if my property sold I would still want to use it. It is more favourable for the new purchase than the non-bank lender. Their assessment is that I didn't have the serviceability to keep both, however my repayment would actually be less than with non-bank, before anyone comes along with opinions on that.
Obviously there is the instructions for solicitor to check that existing loans have been paid in full, (which they have, technically) curious if on PEXA the bank or the solicitor will just check the PEXA ID and see that loan has been paid, and not dive much deeper than that. Also easy for this bank to see its been paid, as there is no longer a loan account with them.
Any kind of insight from preferably a solicitor/conveyancer who has experience with PEXA or someone who has been in the same situation would be great.
Thanks