If you were to use a loan agreement, you can get around the new National Credit Code by ensuring that both parties to the loan agreement are Companies.
Another, possibly more comprehensive, way to structure the arrangement you mention would be a Joint Venture. This should remove any Australian Credit Licence requirement and would be a JV between you and the other parties, to under take a specific project. The JV would outline you Initial and Ongoing JV Contributions, i.e. the full outline of what each party is contributing, who has to do what, the term of the JV and how the funds remaining, at the end of the JV, are distributed.
I suggest you get a good property lawyer, who does a lot of JV agreements, to get it drawn up for you.
Welcome to the forum but you're going to get flamed or deleted if you continue this type of post.
This forum is not for advertising your services. It is a forum where people help each other. As a vendor financier you have knowledge that others don't. Be prepared to share that knowledge and also be prepared to open your mind to all the ideas here.
The NSW Dept of Fair Trading's position on Water Usage is:
Water usage
In some cases a tenant may be asked to pay to the landlord the water usage part of the bill. The ‘water usage’ charge which appears on the landlord's bill for the rented premises is for the total amount of water which flows through the water meter on the property.
A tenant may only be charged for water usage when they have agreed to pay for water usage under the additional terms of the tenancy agreement. If there is no additional term about ‘water usage’ (usually under clause 29 of the standard form of residential tenancy agreement), a tenant cannot be asked to pay any amount.
A tenant can only be charged for the metered amount of water which they use. For this reason it is important that the water meter be read and the figure noted on the premises condition report before the start of each tenancy. Otherwise there will be no way of dividing the first account between the tenant and the former occupant.
If there is no individual meter for the rented premises, as is the case with most blocks of units, a tenant cannot be charged for water usage. If the supply authority has a minimum amount payable for all properties the tenant does not have to pay for water.
A tenant is entitled to a photocopy of the water account and should pay any amount owing before the due date on the bill.
Yes I'd agree with you that the ATO's rules on this subject do seem to be independent of the country the property's located in.
However it is worth noting the ATO's statement: "Foreign income losses cannot be used to reduce your Australian income; however, you may be able to use your losses to reduce similar foreign income."
I was think of turning two of your five properties to positive cash flow, by selling them with an Instalment Contract (IC) but I'm not sure if this would generate sufficient extra cash flow to cover your needs.
Selling with an IC usually allows you to sell at a premium price, with the trade off being, the time over which you get the money. Selling two properties would normally generate anywhere from $30K to $50K in deposit payments to you, from the IC buyers as they move in.
You could probably expect $300 week week positive cash flow from both properties. And you could expect your fixed capital gain in 3 to 5 years, i.e. when your IC buyers refinance into a traditional home loan. Your fixed capital gain is the difference between what you owe on the property and what you sell it for with an IC, less whatever your IC buyers have paid off their loan, while they're with you.
As mentioned above, approximately $300 per week may not cover your needs but you never know
Yes, talk with the selling Agent. They will usually assign one of their people to make your bids for you at the auction. She/he stands in the crowd and you instruct him/her over the phone. The Agent usually charges nothing for this service as they're very pleased to have another bidder on the property.
We keep away from them completely, for both our tenanted buy & holds and the properties we buy and on-sell with vendor finance. Our experience was they cost us too much in the longer term.
We believe our long term wealth is measured by the amout of equity we have in property. To accomplish this we use both positive and negative cash flow properties.
Our +cf properties are properties we buy and on-sell with vendor finance and our -cf properties are the properties we plan to hold forever Our +cf properties maintain our lifestyle and support the -cf on our long term buy and holds.
We've bought and sold lots of our +cf properties but not sold any of our buy and holds. They're our long term wealth. The +cf properties, for us, are just a cash flow business, just like any other business you might own.
Using vendor finance to help our portfolio building works for us.
We've used Megasealed probably 15 or so times and have got nothing but high praise for them. They've also got a long guarantee, so that's also been appealing.
We have used Options in our residential real estate, vendor finance business since 2003. We have used them to both buy (control) and sell (if the Option is execised). However we haven't used them to control property, pending DA's and development, etc.
All our Options have been drawn up by Tony Cordato of Cordato Partners, phone 02 8297 5600.