My wife and I started our real estate Vendor Finance business in 2003. Happily for us, I was able to give up my job early in 2009 and we are now both enjoying working in our Vendor Finance business full time.
We'd suggest the main pitfall is believing that it's some form of get rich quick scheme. Happily it's becoming more regulated by the new National Credit Code and this is helping to improve its image.
Renting your Brisbane house out is simple but it's made easier by making sure you get a great Property Manager (PM) to look after your asset. I'm sure our fellow forumites will be able to direct you towards a great PM in your area of Brisbane.
I would be very wary of advice from any financial planner whose only investment advice to you is to buy into managed funds. If you are going to visit a financial adviser, possibly ask forum members here for referrals.
Also, it's worth talking to your accountant about the Capital Gains Tax issues involved in renting out your Principal Place of Residence (PPOR). There are also a lot of threads on this forum that cover this subject. A search should turn up quite a few.
You mentioned the possibility of renting in Melbourne. Instead of paying out dead rent money and if you can't buy a place in Melbourne traditionally, you might want to look at buying a Melbourne property with vendor finance. They're not available everywhere and you do pay a premium price for the properties but you can usually get them with a very small deposit and you get the benefit of the capital gain on the property after you move in.
I'm not sure how it actually appears on the title document but the Qld instructions for completing a "Transfer of freehold land" state, "Where there are two or more transferees, the tenancy must be stated (i.e. joint tenants or tenants in common). If transferees are tenants in common, the shares of each tenant must be stated. Shares must be stated in fractions and not as percentages."
Based on this, my guess is the fractions would be shown on the title itself.
Renting your Sydney house out is a simple process but it's made all the easier by making sure you get a great Property Manager (PM) to look after your asset. I'm sure our fellow forumites will be able to direct you towards a great PM in western Sydney.
Also, it's worth talking to your accountant about the Capital Gains Tax issues involved in renting out yout Principal Place of Residence (PPOR). There are also a lot of threads on this forum that cover this subject. A search should turn up quite a few.
You mentioned moving up the coast and renting. Instead of paying out dead rent money, you might want to look at buying a property with vendor finance in the area you're moving to. They're not available everywhere and you do pay a premium price for the properties but you can usually get them with a very small deposit and you get the benefit of the capital gain on the property after you move in.
I'd definitely get a new Property Manager. You have been fed a load of rubbish. Sure, ultimately you and the tenant will come to some form of agreement, even if that agreement is that the tenant leaves. But no where in the legislation does it say that the tenant can dictate the length of the lease.
As you can see, with a "standard" call option your strike price and profit margin are visible to your buyer. As I mentioned earlier, we use an option document that includes a "Higher Price" clause. The effect of this clause is the new buyer does not see your strike price or profit margin. Thi may or may not be attractive to you. It depends how you are setting up your transaction(s).
We prefer brick veneer. It may be an old fashioned "aspirational" issue, i.e. along time ago, workers cottages were weatherboard or fibro and the white collar, "upwardly mobile" suburbs were brick (back then, double brick). My gut feel is that old idea still lingers.
We found Paul Siderovski to be a great "outside the box" accountant. Not cheap though. You can get his details at: http://www.sidcor.com.au
We use Tony Cordato in Sydney as our solicitor because he's the best at vendor finance and coming up with new ways to get things done. Tony's office number is 02 8297 5600.
Our experience is that you want to use the best no matter where they're located. I suggest you give Richard Taylor a ring regarding your broking requirements. He can be found on the Finance sub forum as Qlds007.
Would you be able to give us an idea of what you've got planned for these properties, i.e. are you looking to control them so you can get a DA in place for the property or are you looking to do back to back lease/options on residential property?
As you mentioned "Contract" I'm guessing you'll be using an Instalment Contract (IC) for this sale? If this is the case you will be regarded as supplying credit. You mentioned that your building a new 4 x 2. To work out how you need to handle this transaction, you need to ascertain if your loan, under the IC, is "regulated" by the current Uniform Consumer Credit Code or new National Credit Code, after 1 July 2010?
If you could let us know this we may be able to give you a few more tips.
I think all your options are ok. From my point of view I probably wouldn't go with options "a" and "c" because it'll be quite a long time to payday. Option "b"' is ok but you've already got one negatively geared property. Albeit, not negative by much.
Possibly do a little research on the various positive cash flow strategies in the market place.
I agree wholeheartedly with Richard. Getting the correct structure for your loans and the entity you're going to buy in, is very important at this early stage, i.e. it stops a lot of headaches down the road. I'd suggest you give Richard a call.
We have been operating a real estate vendor finance buisness since 2003 and heve helped quite a few people do what you're suggesting. Please feel free to give me a call or drop me an email.
We tend to prefer houses to units. I guess we agree with the old adage that land appreciates and buildings depreciate. It has worked well for us so far. However this rule of thumb tends diminish as you move closer to Sydney CBD (and Parramatta and North Sydney CBD's to a lesser extent).
A lot of people put their first IP's into the name of the partner with the largest income because the negative gearing has a more beneficial effect on the tax position of the larger income earner. If this/these IP's are truly long term buy and holds, this isn't always the best strategy, depending on your years to retirement, etc. I'd suggest you talk with someone like Richard Taylor (Qld007) in the finance forum, to get some advice on structuring your loans in the best possible way.
Some of the Discreationary Trust Deeds I've seen, nominate just about everyone in the universe and certainly all the companies you're involved with, so no, your beneficiaries are not limited to immediate family.
Another alternative you may consider is buying a property with vendor finance. In this case you will normally pay a premium price as against the premium interest rate you would pay with the two non-conforming lenders mentioned above. However vendor financiers usually have a smaller deposit requirement.
Quite a lot of vendor finance properties are listed at: http://www.renttoownhome.com.au I have no interest in the site, other than advertising there.