All Topics / Help Needed! / 12 Month settlement whilst Rent and Renovate

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  • Profile photo of Dangerous DaveDangerous Dave
    Member
    @dangerous-dave
    Join Date: 2013
    Post Count: 1

    I've recently been asked if i'd like to sell my investment property with a 12 month settlement time, in which the buyer wants to rent it for 12 months whilst doing their desired renovations. Has anyone done this or have any comments in relation to this, i.e. legality, tax, risk etc

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Hi Dave

    What's the benefit for you?

    What's the buyers reason for wanting a 12 month settlement period? Is it because they can't complete the purchase now and require more time to come up with the funds? Or are they looking to flip the property after they've completed the renos?

    What is they don't end up settling and the work the renos they've done are of poor quality or are incomplete? 

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of CatalystCatalyst
    Participant
    @catalyst
    Join Date: 2008
    Post Count: 1,404

    Sounds like they want to flip it, to me. So they can try to avoid paying the stamp duty. They will just try to onsell it.

    It's a risk. Unless there is some great benefit I wouldn't do it.

    Are you highly geared? If so you'll be losing money in the 12 months.

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

    The risk is that they damage the property or change it in a way that you don't like and then not settle. You may have to sue them only to find they have no assets. Make sure you get legal advice (from a lawyer!)

    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

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Hi Dave

    Which state are you in? If you do go down this path then I'd be listening to Terry's post about seeking legal advice. If you happen to be in Sydney, I'd be contacting him.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

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