All Topics / Finance / vendor finance / loan contract

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  • Profile photo of justme2009justme2009
    Member
    @justme2009
    Join Date: 2009
    Post Count: 4

    I have heard talk about vendor finance / loan contracts,.. What is the difference between the two?

    We are looking at buying a fairly overpriced bush block out near Tara, and the vendors rates are steep,  but i guess thats how they make there money @ 9.5% over 20 years.

    We want to clear (we will need landowner signatures on the application to do this) and build a dam and establish a house site and build on the block. We will need the owners signatures on applications to do all of this. How can we go about this if we are not the landowners?
    Apparently the vendor keeps the titile in there name until all monies have been paid out. If this is the case, who pays the rates if the vendor is still legally the owner?
    What happens if we want to sell? trying to sell somthing thats not even in our name ? 
    What happens if in 5 years time we want to refinance it with our bank?

    Is it possible for us to purchase a vendor financed bush block, transfer title in our name so we can do what we want with the land and have a caveate placed apon the title for the vendors safety?

    Can anybody out there shed some light on this subject, as we have been trying to contact the vendors for answers and left dozens of messages but they have not yet returned our calls.

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    A few answers for you:

    We want to clear (we will need landowner signatures on the application to do this) and build a dam and establish a house site and build on the block. We will need the owners signatures on applications to do all of this. How can we go about this if we are not the landowners?  The Contract could be constructed in such a way that the Vendor agrees to sign and lodge all applications however you cover the costs. In the event that you do not settle however the vendor will have the benefit of your work.

    Apparently the vendor keeps the titile in there name until all monies have been paid out. If this is the case, who pays the rates if the vendor is still legally the owner? Yes the Vendor certainly does retain Title to the property until such time as you pay the balance of the loan. In most Instalment Contracts i have done or prepared for clients you would pay for the rate and building insurance.

    What happens if we want to sell? trying to sell somthing thats not even in our name ?  It is a good point and one most purchasers looking for Vendor FInance do not ask or realise. Whilst you are right that normally you cannot sell something you do not own the mechanics of such are that you will sign the sale contract with a simultanious settlement with the original vendor.
    What happens if in 5 years time we want to refinance it with our bank?

    Is it possible for us to purchase a vendor financed bush block, transfer title in our name so we can do what we want with the land and have a caveate placed apon the title for the vendors safety?  Yes it is possible but unlikely the Vendor would agree especially if the Vendor has a loan upon the property or wishes to use the property as security for his own borrowings.
    Whilst this in it own right is fraut with danger for you you realistically are unlikely to ever now how he structures his financings. Not until there is a problem anyway.

    Richard Taylor | Australia's leading private lender

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Why not just go to a bank and purchase outright?

    One more point, if you want to build on the land, you won't be able to get a loan unless the title is in your name – unless the vendor funds this too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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