You are in the drivers seat, not the agent. Tell the agent you need to speak directly with the seller. The seller is the person that you want to speak directly to. If the agent refuses to arrange a sit down, send a polite letter to the seller asking for a meet. Remind them that this will speed up your final decision making process and the offer and eventual sale = cash in the sellers hand. What have you got to loose, at worst all they can say is "No".
Can you have settlement moved forward several weeks? Offer free rent to the sellers for that time if they move things along or pay for them their removal csts if they move out now or pay their rent for the same period? All worth a shot..
Friends and business do NOT mix! If you must, make sure that you are able to strata title the different buildings or set up a company that issues shares. Each property has a share that entitles EXCLUSIVE rights to that part of the larger property.
Remember, if you with to sell later on and they other party does not wish to or is anable to, you will find yourself ina right bind.
Every agent is under a legal obligation to submit EVERY offer so do not take what the agents says "too low and offer". Write it up and submit a modest deposit ($1). Sit down WITH the seller (not the agent) and find out what their selling motivation is; do they need CASH TODAY? I would include a special clause to the effect that the offer is open until a set date and time 'UNLESS you have another offer on a different property accepted prior to them accepting'. This allows you to make multipul offers all over the place and only legally obliged to completed the offer that IS accepted. This allows you to get on with closing on a deal and not waste further time on poor agents or laging sellers. I would also send a copy of the offer direct to the seller (and advise the agent of this as well), just to make sure that they are actually submitting your offer. I would not carry a bleeding heart for too long either, just cast your net as wide as possible. Cheers.
Try giving him 2 checques on settlement, clearly showing what each cheque is for as part of the total price. You 'may' then be able to claim the stamp duty as a legit tax expense.
As the NRAS payment runs with the property, it should be considered as part of the income for that propety. I would approach the professional body that looks after valuers and suggest that they reconsider their advice to their members. It is not logical to fail to take into account a guaranteed income stream on that property, especiallly as it is attached to the property, not the person that was the first owner under the scheme.
1. Claim 'Mistake' under contract law. 2. You have a clause in the contract "subject to finace acceptable to the buyer"? 3. You should also try the Trade Practices Act for "misleading and decptive conduct" 4. Claim against he seller for a reduction in price of 15.5% as it does not confirm to what you agreed upon: 37+sm's 5. Claim your legal costs as well. 6. Issue a notice to the buyer to retifty the fault….you contracted for 37.1sm's so you want to be delivered 37.1sm's 7. Issue a notice to the seller that you view the breach a s a fundemental breach and that the contract is recinded.
1. Sell it direct to the builder with the condition that he does all the leg work and pays the fees and expenses up front. OR 2. You can go into partnership with him and divide the property at the point of sale to a 3rd party. What you are selling is an 'option to purchase' for a non refundable price for a set period (say 6-9 months). Make sure this figure covers the expected CPI increase in the property over the 6-9 month time frame; say $20K on a $400K property at 5%. This will reduce the cost to the builder as he will not buy the property from you as all he will get is an option to purchase from you. He then has the option to pass this onto the 3rd party buyer. This method is longer but will give you greater profits. The builder will be happy as well as he will not have to find the stamp duty up from nor will be have to purchase the land up front. You will also have to give him a right of access to the property so he can complete the project on time. You get the protection of having the building parcially built if he defaults as the building is 'attached' to the land. Work out a price for the land (with CPI increases of the expected time to complete the building) plus a % of the profit…I would suggest a set price, its easier that way. Also, if he decides to reduce the price to sell it quick, then the total reduction comes out of his end. I would also suggest that the property be pre-sold to the end buyer if possible….that way, the end buyer (via their bank in progress payments) is footing all the cash requirements as well. Its a win-win all round: the builder gets to use the land and not have to pay $15+K is stamp duty which he has to pass on to the 3rd party buyer or pay for the 20% of the land price plus interest for the time to build; you get your option payment up front plus a good %/set price of the completed product and the 3rd party buyer gets a house and land for at least $30K less (being the savings made in double stamp duty and not having to pay for the builders interest payments. Make sure that the builder foots all the costs of subdivision and building materials. Also ensure that the builder has all the required licenses, insurance, and financial backing to complete the project on time (you may look at including a penality clause for late completion).
I suggest that you mak ethe application BEFORE he returns to AU, that way he can prove his income from his present employer….hard but much easier than with no provable income or credit rating in AU. As for using the entire nest egg in one basket…think again…see if you can buy several smaller investments properties using the min bank deposit….say 20% plus fees. The banks will allow you to claim 70-80% of the other sources of income to pay off the debt but only allow you to use 30% of your current income. It also allows you to leverage the assets to a far greater extent. ie: 20% of an average $400K investment property allows you to do the following: $80K plus 5% fees on $400K = $20K = $100K x 6 to 7 investment properties. This allows you to 'control' property worth 2.4 to 2.6 million. With an average 7% increase in each property valuation per year on the entire 2.4 to 2.6 mil = $168,000 to $182,000 increase in valuation. Use this increased equity as a 'deposit' on another investment property every 7-8 months. Let the rent pay off the loans as the valuation increases each year. Start small, one to two properties to let the bank get used to the idea. Do NOT buy the property you live in, rent it for 6 months, its cheaper than paying a mortgage and allows you to keep your investment cash in hand. Do NOT be affraid of debt; debt allows you to leverage your cash at 5 to 1 (using a 20% deposit with an 80% mortgage). Have your brother scout for additional properties that you can add value to: renovation or inprovements (car port, pario, add a bedroom internally). If you buy then rent a property every 6-8 weeks (at a min; more likely 12 to 16 weeks, you will have your 6 investment properties within 36 to 72 weeks AND you will have added value to every property as you renovate it before renting them out. Make sure they are revalued every 6-12 months depending on the local market…this allows you to dip into the increased equity to buy another investment property. Keep working and earning cash, the banks like that, while your brother cordinates the renovations, with your assistance on the weekends and nights. Within 2 years, you should have at least 10 x $458K investment properties (7% increase x 2 years) = $4.58 MILLION under your control. Your debt should be approx 6 x $300K plus 1 x $332K (using a price increase of 4% every 6 months) plus 1 x $346K plus 1 x $360K plus 1 x $375K = $3.213 million. Thats a increase in valuation/net equity of $1.367 MILLION over 2 years. Not bad on an initial investment of $600K. Thats a Cash-on-Cash return of 227%. Hope this starts you thinking BIGGER. At the end of 2 years, all you wil be doing is buying investments properties and using the POSITIVE and PASSIVE income streams to live the high life. Best of luck.
The Trustee can distribute the funds as income or capital or as a loan. Check what is allowed in the trust deed. If its not what you want, check to see if you can amend the trust deed to achieve the ends you want.
Try buying POSITIVE geared property…more income=more profit; pay SO much tax that you are filthy rich.
If that fails to flaot your boat, buy a super fund for yourself….much better to pay into an account that you will get back rather than pay it to the ATO.
Chase the insurance to start with (with luck, you will get the cost of replacement and lost rent, for up to 12 months in some cases). Lodge a claim re returned bond without your authorisation against the RE agent. Lodge a complaint with the state RE Institute (they control the registration of selling agents and property managers. Lodge a claim with the state Govt body that deals with RE agents and property managers. Claim against the owners and ALL directors of the RE agency (the the recievers if they are truely in liquidation). Go after ALL the Directors of the RE company with ASIC; try and have them declared unfit to run a company. Lodge a claim via the Small Claims Court for any funds not recovered, including any insurance excess…claim against the RE agent, the property manager and ALL the directors. In every case, use registered letters with each of the letters of demand with a signature required.
No matter what, get your property back on the market ASAP to get cash back into your pocket. You may even use this as an opportunity to add value by improving the property and therefore charge a higher rent.
Not sure of your full relationship with your legal rep but my understanding is the following.
1. Unless there are any exit/out clauses in the contract, he will
a. Loose his deposit, and/or
b. Be required to complete the sale. You will need to get your legal rep to send a Notice to Complete (the sale) to the buyer (by registered mail of course).
2. You ‘may’ wish to remind your legal rep (in writing) that you consider his lack of communication (if he was so informed of the withdrawal of the buyer-check this out first before you try and nail his hide to the wall) to be ‘professional misconduct’. That term WILL get his attention and ACTION. ‘IF’ you suffer a loss due to his ‘misconduct’ you may wish to lodge a complaint/claim to the Legal Profession Board in your state. Either he and/or their insurance ‘should’ cover any loss that you incure. Remember that you MUST do everything in your power to reduce your loss.
If you choose to sue, you can kiss goodbye the next 2 years of your life to get the remainder of the deposit.
Speaking of which (the deposit that is), that should have already been lodged with/secured by the Real Estate agent or legal rep. Make sure that they HOLD it and do not release it to the ‘buyer’ by registered mail thru your legal rep.
Remember, your aim is to complete the sale in 3 weeks. EVERYTHING else is secondary and can be sorted out at a later date.
Best of luck.
How would you fair if the market in your area DROPPED 5%? Do you have the funds to cover any margin call by the banks (unlikely but possible).
What is the outlook for the area over the next 3-6 months?
If you sold, where else could you invest in an UPWARDS market (Perth at 30%+ in a lot of areas)? Move sideways to go UP! [strum]
Stay calm and try and discuss the issue with him. HOWEVER, if (IF) it can be established that the roots from your tree has ‘escaped’ from your property, then you WILL be held liable for any and all damaged caused.
Here in NSW, any tree over 30 feet can only be cut down with council approval; large fines will be incurred by you if you cut it down without their written approval.