Five Tips to Use When Negotiating Your Retirement-Home Contract

The Deferred Management Fee (DMF) or Loanpercentage in the first three years, with a negligible
License scheme is the primary form of retirementamount in the remaining time to year ten.
living contract in Australia and widely used by bothYou should not accept this. Standard industry practice
for-profit and not-for-profit operators. Unfortunatelyis to accrue an equal amount every year.
the contracts are also a major source ofShare of Capital Gains
dissatisfaction for retirement village residents, as theyAnother component of the Exit Fee which angers
are heavily weighted in favor of village owners. Thevillage residents is the sharing of capital gains on
sheer complexity of the contracts has also resulted inresale of the unit with the village owner. Under a
a lack of understanding among retirees as to howtypical DMF contract, any capital gains achieved on
these arrangements work.the resale of the unit are shared equally between the
It could be argued that this lack of understandingvillage owner and the departing resident.
among retirees that has allowed village owners toSome village owners however, have extended this
abandon any notion of fairness in their contracts inarrangement to the point where they are entitled to
pursuit of their own commercial interests. The originalALL of the capital gains. Do not accept any less than
intention of the DMF contract was to offer residents50% of the capital gain on your unit. If your DMF is
a unit that was cheaper than the freehold value of acalculated on the re-sale price of your unit (as
similar residential property. The annually accrued feeopposed to your original purchase price), then you
served to compensate the owner with the equivalentshould not share any capital gain with the village
amount of "market price" lost when the unit was soldowner.
to the resident. In this way, a 25% DMF would allowRefurbishment
the village owner to sell the unit for 25% less thanUpon exit, a retirement unit is refurbished for the
the equivalent market value.next resident. This can be as simple as a fresh coat
Over time however, village owners have abandonedof paint for newer units, or a full refurbishment
the discounted sale price and simply chargedincluding kitchen and bathroom joinery for older units
residents the equivalent freehold value of the unit in(+15 years). The best outcome for the village owner
addition to the accrued fee. Consequently the DMFis to have the resident pay for this; in contrast, the
contract is very profitable for a village owner,best outcome for the resident is to have the village
however some village owners are becomingowner pay for it.
increasingly aggressive in the level of fees charged.Commercially, the following is considered to be the
To tip the balance back in your favor, listed belowfairest outcome:
are five of the key terms and conditions you will findIF the contract states the resident receives all of the
in your deferred fee contract plus negotiating tips forcapital gain on re-sale of the unit THEN the resident
each:funds all of the refurbishment costs.
Deferred Management Fee or Exit Fee amountIF the contract states the resident shares capital
A DMF is a fee that is accrued by the resident forgains with village owner on re-sale of the unit, or that
each year they are in occupation at the village. Whenthe DMF is calculated on the re-sale price THEN the
the resident decides to leave the complex, their unitresident and the village owner fund the refurbishment
is sold and the accrued fee is paid to the operatorcosts in equal proportion to the split of capital gains.
from the proceeds of the sale.IF the contract states the village owner receives all
The standard industry DMF contract is what is calledof the capital gain on re-sale of the unit THEN the
a "25 over 10", that is, a fee of 25% is charged overvillage owner funds all of the refurbishment costs.
a period of 10 years. Do not accept a fee over 25%Sales Commission
unless you have clear indication that you a buying atAny licensed real estate agent can handle the sale of
25% less than the equivalent freehold value. Youyour unit when you vacate, although the on-site sales
should also try to negotiate the fee down from 25%agent will usually achieve the best outcome.
- anything around 20% or less is a good result.However, it is a good idea to make sure your
Pushing the accrual time period out beyond ten yearscontract does not oblige you to use the on-site
is also useful.agent exclusively, as this can be a good negotiating
Deferred Fee accrual amountpoint in the event that you need to extract other
The standard DMF contract of "25 over 10" assumesconcessions from the village owner when you exit. A
that the management fee is accrued at a rate oftypical fee or commission for selling your unit would
2.5% every year for ten years. Ten years is usuallybe around 2-3%, the lower the better. Do not pay
the maximum period used, because research showsfor any marketing of your unit - this is the
this to be the average time a resident remains in theresponsibility of the selling agent.
village.It is important for retirees to know they do not
Some villages have a shorter average length of stay,have to accept the terms and conditions as offered
for whatever reason. In these villages a savvy ownerin the retirement village purchase contract. Everything
will "front-load" the deferred fee into the early yearsis negotiable. Of course, in popular villages you will
of the residence. For example, if a village has anhave less scope for negotiation than in a complex
average length of stay of three years, on a standardwhere there is a considerable amount of stock for
"25 over 10" contract the owner may charge a highersale. However, it is always worth a try!