Their are a number of wrap diy kits available in the marketplace. Rick Otton's Wrap Pack is still available, Steve McKnight's Wrap Kit is no longer being sold and I think Paul Zelitis (not sure if that's the correct spelling) also has one out. I don't know the name of Paul's but I do have both the others.
One point to remember about all these Kits/Packs is that any legal paperwork that's included is only an example and should not be used in a real transaction.
We get charged $980 to get our Instalment Contracts drawn up. Who pays that $980? The new buyers. We tried doing it ourselves but it takes way to long and why would we bother, when the new buyers pay and we have confidence that our solicitor will get it right.
Also, we insist that every one of our new buyers gets independent legal advice. Even with the old Uniform Consumer Credit Code, we thought that was a must but with the new national consumer credit legislation coming into place soon, we believe we'd be crazy not to.
Sure an Instalment Contract does give your new buyers access to the FHOG but it also means the government regard you as a credit provider. We haven't found that to be a problem because we're very conscious of the demands of the UCCC and use lawyers to make sure we abide by it.
We have some friends who've just gone on the real estate speaking circuit with a promoter. What was interesting and I believe correct, was the amount of due diligence done on our friends, by the promoter. They had to justify, with documentation, every transaction they have done. In order to "cover" their business, I'd expect every promoter would do the same. You'd certainly hope so.
So far, I too haven't been able to discover what the cost of the licence will be.
In relation to your one existing Instalment Contract, if you plan to not do anymore, you may be covered by Regulatory Guide 203.31 and not require a licence. However it's early days and I certainly advise you look for assistance from the Vendor Finance Association of Australia and a real estate vendor finance specialist lawyer.
I don't know of any "beginners seminars" so I'll recommend a few books. Even these books are written by people that would like your business but they also contain a lot of good basic information about property investing. The books are: Wealth for Life by Tony Melvin How to Grow a Multi-Million Dollar Property Portfolio – In Your Spare Time by Michael Yardney From 0 to 130 Properties in 3.5 Years – Revised Edition by Steve McKnight The Property Puzzle by Stuart Wemyss
I believe in always making sure that the company/trust structure that's holding the assets, eg. IP's, should do nothing but sit there holding those assests.
To have the trustee company also conducting the business of a trading trust, to me, leaves it too open to attack. Cpmpany structures are cheap.
I have one acquantance that insists that we should have a company/trust structure for each property. She hasn't talked me around; yet.
I'm not personally keen on small regional areas for my real estate investments but, your choice.
I'm guessing there are quite a few motivated sellers in the area you're operating in. Why not buy the properties utilising a wrap strategy? You won't get as many wraps as second mortgage carry backs but the ones you do get will be free of the hurdles of traditional finance.
Have you thought of selling the property with vendor financing? It may be possible to structure the sale so that the property has neutral cash flow and you sell for a profit, or at break even at worst.
If you PM me a few “numbers” concerning the property, I’ll have a look at what may be possible.
If you were to sell your property with vendor finance it would be structured so that: 1. Your mortgage payments are fully covered 2. You should end up with a few hundred dollars of positive monthly cash flow 3. You get a fixed level of capital sale for the property.
With a vendor finance sale you would get positive cash flow and fixed capital gain. Renting would give you negative cash flow but, if you kept the property for the long term, your capital gain should be better.
There are always pros and cons, it's just a matter of weighing up what's best for your family's situation.
Congratulations on your purchase. In the current market just watch out for the lender requesting you to substantiate your deposit has come from real savings.
Also, don't be afraid to go in a little harder. I recently got a property in Newcastle for $320,000. Paid $256,000 at settlement and the vendor accepted a $64,000 carry back, interest free, over 5 years. I pay them $420 per month and will make a balloon payment of $38,800 after five years. Helps to keep my monthly payments down
Are you looking for a wrapper to buy the property and then wrap it to you? What town? Who currently owns the property? Is it listed with a real estate agent? PM me the answers if you wish.
Sorry I can't help you with the necessary accountants details but I've got to say that I'd never consider not using a solicitor to assist with a property purchase.
I'm a keen"bush lawyer" but the things the lawyers have picked up in the past that I've completely missed, have saved me lots more than their fees.
Yes we have experience vendor financing commercial property. I notice you're considering buying with VF. Have you decided what strategy to use for the purchase yet, i.e. instalment contract, lease/option, 2nd mortgage carry back, etc?
I agree with Terry. I always say, it's the equity you own in property that makes you rich. We use positive cash flowing vendor finance properties to support our negatively geared IP's.
Yes, these lists exist but they are usually sold as education publications. Are you looking for a straight checklist or are you looking for a manual that takes you through the whole process, in a step by step fashion?
I believe a change of agent combined with a week's free rent will do the trick but, just incase it doesn't, you might consider on selling the property with Vendor Finance.
With this type of sale, you can lock in a fixed level of capital gain and get the property to generate positive cash flow until the buyer refinances into a traditional home loan. You could then use the positive cash flow from this property to support a negatively geared property in another location.
As I said before, I'm confident you'll get it rented with a new agent and the odd incentive but it'sa good concept to have in your toolbox as a fallback position.
One interesting point about Land Tax is that, as a Vendor Financier, my Land Tax bill disappears as soon as I on sell a property with a particular type of Vendor Finance. Even though our name may stay on the title for 30 years. Great things, Land Tax variations
Sorry I can't help you with the Wrap Kit but, as Steve says, you might get lucky on eBay.
We use Loan Alert to track all our Vendor Finance transactions. It works for us and Michael & Yuch, the developers, provide excellent back up. Try; http://www.loanalert.com.au
Tony Cordato is a very experienced Vendor Finance solicitor, if not the most experienced in the country. Needless to say, we utilise Tony's services. He can be found at 02 8297 5600 or http://www.vendorfinancelawyer.com.au
The Vendor Finance Association's site can be found at; http://www.vendorfinance.asn.au/ Can't resist a plug, i.e. the next Newcastle meeting of the VFA is 25 February Good luck.
My view on your situation is that you were more than generous, giving the on site managers the opportunity to sell the property. They didn't get a sale so I wouldn't pay them a commission, just as I wouldn't pay a real estate agent a commission, if they didn't get a sale. As far as I see it, the on site managers should be very gratefull that you're leaving the property in their rental pool.
When you speak with someone like Tom, you will learn about lease payments and ongoing option fees. It would be a shame to see the on site managers taking 9% of your on going option fee