Hm. I'm trying to get my head around the "safest" structuring. If someone intended to buy a few investment properties for the purpose of generating income for retirement (whether it be live off the rents, or sell properties upon retirement), would it be most appropriate to open one company, and under this have a series of Discretionary Trusts? ie One Trust per investment property?
Hmm. Seems kinda unfair that people that can be bothered to save for property and offer rental accommodation to others have to wear such a substantial battle shield
Really pleased with the info coming out of this thread – very very helpful
I have AAMI's "Landlord Insurance with Tenant Protection", which covers legal liability. This covers (up to $10million) injury or death of any person other than me or my family. So surely this would cover scenarios such as being sued if a tenant trips over the carpet, hurts herself and decides to sue me?
Terry and others; I'd be interested to hear your thoughts? Are you thinking that insurance should not be completely relied upon, and if so, I'm really interested in hearing thoughts as to why…
Hi Benjamin, what's the standard % deposit a SMSF has to contribute to a property? And are the banks currently being less difficult in lending to an SMSF rather than an individual?
Why wouldn't land have an income for up to 2 years? I got a house and land package, and from the time of signing to the time of moving in was 6 months. It would have been faster had the time not spanned Christmas, when tradies shut down for a couple of weeks. It was a great acquisition for me. I bought land really cheap in a new housing estate. There was virtually no stamp duty because there was as yet no dwelling on the property. And I got a nice new place
The ability to get finance for an empty piece of land with no particular immediate plan for construction and earning rent would need to be addressed with the bank. I also read somewhere that you can't get the dwelling on a fixed interest rate – that it had to be on a variable rate until construction is complete.
You are right that if you are no good at, and do not enjoy being a handyperson, don't. But it doesn't mean that your property can't be renovated. Outsource the tasks to the pros. Painters and such like. And if you are not creative and can't think up a nice look for the new kitchen that is needed, steal ideas from display homes (take your camera along!). Go and look through houses that are up for sale when they are "open for inspection" and see what other people are doing with kitchen renovations. Get ideas from magazines. Then simply show the picture of what you want to the relevant tradie and say "do this. This is what I want it to look like." Also their invoices will be tax deductable. And also they can get paint and other supplies far cheaper than you could. And they'll do the job faster than you could
Anyway, it is awesome that you've picked up some tips from everyone's comments Never be afraid to say "what's that, I've never heard of that!" if someone mentions something that sounds new to you. There's also the factor of "you don't know what you don't know", so if a particular process seems overwhelming, sometimes throwing the question out there of "why is this so hard, here is how I've done it, am I missing something?" can produce some great educational tips from others
Asset protection with regards to trusts is indeed often mentioned. What sort of scenarios might one be preventing oneself against? If I am an I.T. contractor that has separate professional indemnity insurance to cover me in case of litigation due to my work.
I'm had a chat with a couple of accountants about whether to buy in my own name or under a trust structure, and the advice was since my job isn't going to put me in a position of litigation that risks my property, then there is not a great deal of point paying accountancy for a trust each year, and foregeoing landtaxfree thresholds, negative gearing etc, in order for the properties to be owned in a trust.
I don't know much about Mernda or Craigieburn, though Craigieburn is supposed to be quite a growth area with good rental yield.
Tarneit and Wyndham Vale will have new train stations by 2014. They are nicely positioned smack in between Melbourne and Geelong, so great for commuting to major employment centres. Tarneit is within a 5min drive of Werribee Plaza ( a large Westfield Shopping Complex, due for further expansion ). Wyndam Vale has some shiny new spots with new shopping centres complete with cafes and so on. The newest areas are around Manor Lakes.
Can they just not be bothered to edit and reprint the contract? Your solicitor will probably be able to put a line through the clause and handwrite whatever clause you prefer to see. Talk to your solicitor
Well if you don't proceed, your mortgage broker doesn't get paid at all. So his advice at this point won't necessarily be in your best interest. If you don't proceed, your solicitor will earn less money.
I would probably call another solicitor and ask them what they would do in this situation. It is generally better to try and use a solicitor that is familiar with the area you are buying in (ie Broadmeadows). If you struggle to find a decent solicitor in your area, try Barbara Evans at Callea Pearce (main office in Werribee). http://www.calleapearce.com.au/ They close at 5pm. You might still catch them today…
Your solicitor will sort it out. Don't sign the contract if you don't like it. Tell your solicitor which clauses trouble you, and ask what your options are, but don't sign if unhappy!
But does the subject to finance bit say "subject to finance acceptable to the purchaser"?
Also, has the bank seen this building inspection report? Would the finance still be available to you if they saw it? (I wouldn't recommend offering to show it to them without first discussing the idea with your solicitor).
Have you actually signed a contract of sale? If so, what was the exact wording of all the subject to clauses? eg subject to finance, subject to building inspection etc
Where is the house located, and what is the size of the land?