Instalment Contracts (wraps) in NSW are great because they have the wonderful general effect of making land tax disappear! Here’s why:
1. In NSW a property is deemed to have changed ownership, for land tax and stamp duty purposes, on exchange of contracts.
2. Once you have sold the property via an Instalment Contract (wrap), you have exchanged contracts, ie. disposed of the property and are therefore no longer liable for Land Tax.
3. For land tax and stamp duty purposes, your wrapees now own the property but it is their principal place of residence (presumably) so they are not liable for land tax either.
Land tax has now disappeared for both you and your purchasers (wrapees). Check all this with a good “wrap savvy” lawyer but we have had a zero land tax assesment for a couple of years now and we have carried out a number of wraps.
May I suggest that you look closely at some of the signatures of the people who have posted on this thread. Your answer may very well lie in a call or two to these numbers
I got the following information from the Vendor Finance (Wraps) Association’s website:
“Mr David Cook via email [email protected] or Commanding Heights Mortgage Solutions Pty Ltd direct telephone line 02 4926 2277.”
If you are willing to move away from the buy & hold/tenant way of thinking you will find positive cashflow real estate transactions are definitely still available out there in the market place. And many of these transactions can be done for little or no money down (like the one I mentioned above).
Why not give the vendor the 20 grand deposit and ask him or her to give you a first mortgage on the remaining 30 grand. If they don’t need the 30 grand immediately they might like the idead of getting 7% or so on their money. Good luck.
My best advice is to finish Steve first book and quickly read his second. That will definitely help to clear the fog slightly. I’d also suggest you only consider that the begining of your education. Keep reading whatever you can get your hands on.
In relation to the seminars you’ve been to, I’d guess you may have only attened the 1 to 2 hour promotions for the real seminars. We recently attended a seminar and with what we learned at that seminar, we ended up controlling a house for only the small cost of getting some paperwork drawn up. We then on sold the the house and walked away with a second mortgage from the new owners for $42,000. They owe us $62 per week but have elected to pay us $91 per week. Not bad for the few hundred dollars we spent on getting the necessary paperwork drawn up.
Needless to say, we’re not real inclined to call all of the real estate “gurus” out there “quick buck merchants”. But don’t spend the money on these seminars (because they are pricey), unless you commit to taking real action after the seminar is over.
We run our vendor finance business under a trust/corporate trustee structure. If we were starting out now we’d be off to speak with Ed Chan about his Property Trust structure. We saw him speak on this structure at the end of last month and were impressed by what we heard. I have nothing to do with Ed’s business other than to suggest you have a look at his website at:
http:www.chan-naylor.com.au
a)
Purchase House – $200K
$20,000 deposit (90%loan)
Purchase Costs (5%) – $10,000
Profit, say, $35,000
Sell, on wrap, for $245,000
Insist you get a minimum $10,000 deposit from your wrapees. You or your investors are left with $20,000 in the transaction.
b)
Ask your friendly local broker to give you a checklist of the supporting paperwork they would collect for a normal mortgage application. As you are supplying credit via an Instalment Contract it is important that you get and keep a paper trail which shows that your wrapees can afford the loan repayments. This is required under the UCCC. The last thing in the world you want is a claim against you, in the courts, for unconscionable lending.
We are still wrapping and finding plenty of people out there who are wanting to buy their home via an instalment contract (wrap). We definitely don’t think the boat has sailed.
Terry’s explanation in his post covers the movivations of most wrappees.
As you are new to wraps I’d also suggest you join the Vendor Finance (Wraps) Association of Australia. It’s website is at: http://www.financewraps.asn.au
In NSW the FHOG is payable after exchange of contracts. Hence your wrapees simply get their solicitor to apply for the grant.
NSW law requires stamp duty on the transfer of land to be paid within 30 days of exchange of contracts. If your wrapees qualify for the FHOG then they may not have to pay.
An Instalment Sales Contract is not a registered mortgage and therefore stamp duty is not normally payable in NSW.
The interesting point is that, for the purposes of most NSW state legislation concerning the payment of duties, etc the sale is deemed to have taken place on exchange of contracts.
Of course, check with your (wrap savvy) solicitor on all these points.
“A person is not eligible if they or their spouse (including de facto spouse) has had a relevant interest in any residential property in Australia prior to 1 July 2000, whether they live in it or not.
However, a person may be eligible if they or their spouse (including de facto spouse) has only ever had a relevant interest in any residential property in Australia on or after 1 July 2000 and they have not resided in that property.”
It might also be an interesting question to ask your accountant where he would have you invest this super. And if and when he mentions specific super funds, ask him what up front and on going trailing commissions he will receive from these funds if he manages to “sell” them to you.
Using a free copy of an Instalment Sales Contract tends to make me think that you be contemplating sitting down at the kitchen table with your wrapees where you will get them to sign all the contracts and bingo it’s all done. This is the shortest route to ending up on Today Tonight as one of the “monster wrappers” out there!!
The preferred method is:
1. Find a specialist wrap lawyer in your state. Many people here on this forum will give you all the correct recommendations.
2. When you find your prsopective wrapees, get your solicitor to prepare the Instalment Contract, the sales contract, the UCCC paperwork, etc, etc and send it off to the wrapees solicitor. It is absolutely imperative that your wrapees get independant legal advice.
3. Our solicitor charges us $660 to prepare all this and complete the exchange of contracts. We’ve heard of charges up to $750 but it’s a small price to pay to have everything done right.
I also suggest you consider joining the Vendor Finance (Wraps) Association of Australia. You can find their web site at http://www.financewraps.asn.au
Good luck with your new, professionally based, vendor finance business