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And a couple more I just thought of:
1. Structure the initial Option document so that the tenant buyer has an option to extend the Option for “x” years, under whatever conditions you percieve as ethical.
2. Do the maths on how long it will take your tenant buyer to accumulate, say a 10% deposit using just his/her rent credit alone. Then make the term of your Option that number of years.The great things about Options is that your solicitor has a pretty good chance of being able to structure them just about any way you desire.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Dr X
Presuming that you are making positive cashflow from the L/O each month, why not just extended the L/O for whatever period is mutually agreeable.
I’m sure your solicitor can come up with an agreeable “extension” document for little cost.
I hope this helps.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi FUN
May I suggest you go back to the FIRB web site and have a good read. The specific page is:
http://www.firb.gov.au/content/real_estate/residential.asp
The specific paragraph starts, “Under the Act, a foreign person is:”As you will probably have a “substantial interest” in the trust you speak of, the short answer is that this trust would not be able to buy residential land. Of course, you could test the term “substantial interest” buy setting up the trust and putting in an application but, if I was you, I’d get good professional advice before possibly wasting your money.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi
“Wraps are legal everywhere in Australia except South Australia.” This is a quote from Steve, taken from this web site. In south Australia you cannot use an Instalment Sales Contract (a wrap) but you can still use a Lease/Option (and many people do).
“Consumers considering providing finance through a mortgage wrapping arrangement should be aware that it is illegal in Western Australia without the appropriate license. To provide this type of credit to WA consumers they must be licensed as a credit provider and comply with the Consumer Credit Code.” This is a quote from the Western Australian Department of Consumer and Employment Protection’s web site and, as you can see, selling a property in W.A., using an Instalment Sales Contract (a wrap) is legal in W.A. as long as you have a license and comply with the UCCC.
Considering the profitable nature of a well run Vendor Finance (Wrapping) business, I certainly would not hold back starting such a business in W.A. because of the costs involved in the license application process or the ongoing associated costs of the license. You can find an application for the license at:
http://www.docep.wa.gov.au/cp/dev_publications/forms/credit/2002/A4%20CP%20indiv%20app.pdfI hope this helps.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Lance
Thanks for the information on CGU. I must admit that Australian Unity have been getting “over the top” with their costs for wrapped properties. Would you mind PM’ing me with the contact details of your CGU contact. Thanks.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Trajik
I agree with Fun, I regard it as “before tax effects”
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Jake
It may be possible to turn your negatively geared property in Berwick into a positively geared investment by selling it using a vendor (seller) finance technique. Have a look at:
https://www.propertyinvesting.com/strategies/wraps.html
https://www.propertyinvesting.com/strategies/lease-options.html
and
http://www.financewraps.asn.auHow much do you owe on the property?
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Fun
With regard to second hand residential property, the FIRB web site says:
“Acquisitions of residential real estate that has been previously owned or occupied, that is second-hand houses, flats or units, are not normally approved except for the following two categories:Foreign nationals temporarily resident in Australia, holding a current temporary resident visa which permits continuous residence in Australia for a further period of more than 12 months from the time of application. The dwelling must be used as their principal place of residence1 and not for rental purposes, and must be sold immediately when their visa expires, they no longer reside in the property or when they cease to reside in Australia.
Persons who hold visitor or bridging visas are not eligible for approval under this category.
This category includes students 18 years of age and over studying courses of more than twelve months duration at recognised tertiary institutions.
A general limit of $300,000 applies to the value of properties acquired by these students.”Other rule apply to new residential real estate that has been approved for sale to non residents. For the full story, check out:
http://www.firb.gov.auI hope this helps.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Ness
We have been doing mainly Instalment Sales Contracts in the Hunter Region of NSW. We “exchanged” on a 3 bedroom, brick and tile home in Raymond Terrace last Friday and are currently looking for suitable buyers or tenant/buyers for this property.
All the best, Paul & Karen
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi John
You may be able to turn this property into a positive cashflow situation by on selling it using vendor (seller) financing. A couple of good places to start reading up on these seller financing techniques are:
1. https://www.propertyinvesting.com/strategies/lease-options.html
2. https://www.propertyinvesting.com/strategies/wraps.html
3. http://www.financewraps.asn.auI hope this helps.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Scullyman
One option you might like to look at is buying your home via vendor finance.
We (my wife and I) have helped two ex bankrupts into their own homes using a form of vendor finance, called an instalment contract. Both couples have now been with us for over a year and have perfect payment records. The plan is to refinance them into a more traditional mortgage in one to two years time.
To get more information on vendor financing, have a look at:
https://www.propertyinvesting.com/strategies/wraps.html
https://www.propertyinvesting.com/strategies/lease-options.html
and the Vendor Finance (Wraps) Association’s website at
http://www.financewraps.asn.auIf after your research, you decide that one of these techniques might suit your purposes, leave a post on the Association’s website and I’m sure someone will contact you.
I hope this helps.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Bennett
When you mention “investment property” I think you’re thinking of what I call a “buy and hold” investment property. May I suggest that as you continue to read Steve’s book you take the time to research the other positive cashflow “investment property” strategies he uses.
I’m not much of a buy and hold specialist so I’ll leave others to advise you concerning that strategy. However I can tell you that times are looking good for other positive cashflow strategies right now and an interest rate of 9% may even improve the environment for these techniques.
Good luck.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Bennett
If you haven’t already, have a read through
https://www.propertyinvesting.com/strategiesCheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Terry & Mortgage Advisor
I’ve recently spoken with the vendor finance specialist lawyer, Tony Codato about this. He tells me that vendor finance is calculated on the contract price and only payable on completion of the Instalment Sales Contract.
Another interesting point, concerning wraps in NSW, is that Land Tax can be made to disappear for both the wrapper and the wrappees as long as the wrappees use the property as their PPOR. Section 26 of the Land Tax Act.
Love that section 26
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Pete
In relation to mortgage backed private funding, you asked “where can these be found?”
One place this type of funding can be found is with people running a residential real estate, seller finance business. The two types of investors these businesses are normally looking for are “Money Partners” and Joint Venture Partners”.
“Money Partners” usually finance 20% of a house purchase while the seller financier raises the other 80% via a traditional mortgage lender. The “Money Partner’s” security is usually structured as a Second Mortgage protected by a Caveat. The length of the loan is fully negotiable with the “Money Partner” receiving monthly interest payments and the principal back on completion of the term (or earlier with an agreed upon notice period). As an example, we give our “Money Partners” 15%.
“Joint Venture Partners” buy the property in their name. The seller financiers find and install the new buyers and manage the property until the new buyers complete the purchase (usually by refinancing with a bank). Positive monthly cashflow and “back end” profit is split on an agreed basis. We normally arrange our joint ventures on a 50/50 slit.
I hope this helps.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Pete
You can now pay for it on a yearly basis on an “emerging profits” basis. Of course, when you are refinanced out by your wrappee, you are then liable for the remainder of the capital gain.
I hope this helps.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Pete
Actually the ATO assess the capital gain from the date of exchange of contracts, not settlement. Hence the ATO position paper talking about “emerging profits”.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi stilllearning
My suggestion would be to try to work with an accountant who is familiar with wrapping. I say this because your accountant seems to be unfamiliar with the ATO’s position paper on wraps where they talk about capital gains from wrap deals being treated on an “emerging profits” basis.
Wrap savy accountants seem to be few and far between but I’m sure you’ll get a recommendation from experienced wrappers if you place a post or two on the various forums. There is also a state based list of wrapping specialists on the Vendor Finance Association’s web site.
I hope this helps.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi JD
You might get more response to your question on Rick’s forum. Go to:
http://www.rickotton.com/
and click the link under “Rick’s Forum”.My wife and I believe the help we’ve received from Rick in building our vendor finance business has been invaluable.
Good luck.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi J
What would you have to give the bank to payout their loan, including any early payout penalties (deferred establishment fees)?
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.