Thanks for your post. As a full time vendor financier and one of your ex students I found it fascinating. Good luck to you and the WA law society for backing that young fellow.
It's always been interesting to me to see how vested interests react to new ideas that threaten the status quo
Getting Australian Credit Licence coverage for these transactions will just be one of the hurdles you face for this project, but it shouldn't be too difficult to jump.
In NSW it's easy as you have to attach the Contract of Sale to the Option, so we just attach an Instalment Contract.
For WA, I'd suggest you get your lawyer to specify, in the Option, that upon exercising the Option the buyer will have the choice of a standard Contract of Sale or an Instalment (Terms) Contract with the following…[Read more]
The hurdle you're facing revolves around the number of transactions you be undertaking, i.e. around 50. Obviously, these transactions will be undertaken with consumers and 'in the course of a business' (ASIC's wording).
As both 2nd Mortgages and Instalment Contracts are credit contracts, in both cases you would be providing credit and…[Read more]
We have been working in the residential real estate vendor finance market place since 2003 and you may be interested in a blog post I've posted called '10 Mistakes to Avoid with Vendor Finance'. It's at:
Regarding Instalment Contracts, Stamp (Transfer) Duty is payable, in all States except Victoria, within a certain number of days of 'exchange' of contracts. In Victoria, the trigger for the payment of Stamp Duty is the transfer of title (for Instalment Contracts).
Yes, it is difficult to cover increasing interest rates using the Rent…[Read more]
Please take very close notice of Terry's warning regarding the the unlicensed foreign finance 'firm'.
Also, a number of people here have been alluding to Deposit Finance, i.e. the buyer gets an 80% or 90% LVR loan and the seller provides a second mortgage for the remainder. In this scenario it's important to remember that the lender under the…[Read more]
If the LOANS section of the Particulars of Sale section, on page 3 of Part 1 of the standard Contract of Sale of Real Estate has not been filled out, then you don't have a Contract that is subject to finance.
And paying the full 10% now places you in danger of the Contract going 'unconditional' at the end of the cooling off period, not the…[Read more]
I've got to agree with Terry. We've been running our vendor finance business since 2003 and, without fail, every one of the the lease/options, instalment contracts, 2nd mortgages and deposit builders we use, to buy or sell with, is drawn up by our solicitor.
We also buy audit insurance from our accountant and we view using a solicitor…[Read more]
We use Joint Venture (JV) agreements for most of our vendor finance transactions. Around 50% of our core business is JV's with investors who want to get into vendor finance (VF). This involves buying a property traditionally and then on-selling it with VF. The other 50% of our core business is JV's with frustrated, negatively geared…[Read more]
We have been working in the residential real estate vendor finance market place since 2003 and you may be interested in a blog post I've posted called '10 Mistakes to Avoid with Vendor Finance'. It's at: