I've come in a bit late on this one but I would have been tempted to suggest a short term Instalment Contract (1, 2 or 3 year or whatever you need), with a balloon payment at the end. Beside that I would have put in place a short JV Agreement with the Vendor, for the purposes or outlining the plan, i.e. to subdivide the blocks and sell them.
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During periods of negative to low capital growth a lot of people have been 'taking a bath' on their residential IP's. That's not to say that capital gain won't return but we've started to chase positive cash flow a lot more these days than capital gain.
We've been doing this by converting some poorly performing IP's to positive cash flow, by selling them with vendor finance. We call it our negative2positive process. Our website at http://www.negative2positive.com.au is there to promote our N2P service but it's got some good free information there, to get an idea of what it's all about.
As Terry says, there is no requirement for a Contract to be signed to make an offer in NSW. I suggest you submit a written offer to the Agent and explain to her/him that you understand Agents are required to submit all offers to the owner. This approach should help the Agent understand you know the rules concerning offers – and to ease up on the BS
Another way to locate sellers that may be interested in selling you a property with vendor finance (VF) is to talk with Property Managers (PM), i.e. rental PM's. Ask the PM if they have got any properties for rent that came back to them after they didn't sell.
This question has a great filtering effect, i.e. the owner wanted to sell but was probably frustrated at not getting her/his price and have reluctantly put the property back onto the rental market. Just the owner you want to be talking to, if you're interested in buying with VF.
Welcome to the forum. As you used the word 'foreclosed' which is normally a term used in the US, could you confirm your question relates to the Australian market?
During periods of negative to low capital growth a lot of people have been 'taking a bath' on their residential IP's. That's not to say that capital gain won't return but we've started to chase positive cash flow a lot more these days than capital gain.
We've been doing this by converting some poorly performing IP's to positive cash flow by selling them with vendor finance. We call it our negative2positive process. Our website at http://www.negative2positive.com.au is there to promote our N2P service but it's got some good free information there, to get an idea of what it's all about.
I tend to prefer the IC as it is a real Contract of Sale and and all State governments, except SA, pay the FHOG to eligible purchasers buying with an IC.
However our various States have different rules for when Stamp duty is payable and these differences tend to make one or the other technique more popular in different States.
Like everything, if you say it quickly it sounds easy but there's always more to it than meets the eye. This doesn't mean it's difficult, just that there are a few new things to learn and keep an eye on.
The three most popular techniques for selling a property with vendor finance (VF) are Rent To Own, Instalment Contract and Deposit Finance.
One of our businesses, negative2positive helps owners sell their properties with VF. While http://www.negative2positive.com.au is a website to promote this service, it's also a good place to get some basic information about what's involved.
We also put out a regular negative2positive newsletter that's designed to help people having a go at the technique themselves. It's designed to make sure you stay within all the rules that surround VF. Just submit your details on the home page and the system will send through your first newsletter.
I live in the area and my local general operating area is between Newcastle through to Rutherford, so I know Thornton well. Please feel free to PM me or give me a call.
As you have so much invested in this property it may be time to make it pay its way, i.e. lock in a fixed capital gain on the proerty and turn it from negative to positive cash flow (if that's the current cash flow position). We use a technique we call negative2positive to turn around our 'dog' IP's. It involves selling the property with vendor finance and more information on how this is done is available at http://www.negative2positive.com.au
It sounds like this property needs to start 'earning its keep'
We have a process we call negative2positive that involves selling the property with vendor finance. This normally has the effect of locking in your capital gain and generating positive cash flow. An outline of what's involved is available at http://www.negative2positive.com.au
I forgot to mention; when you're with your solicitor, I'd suggest you get advice on what licensing may or may not be required to do what you're planning. Information on this subject is also available at:
All you mentioned in your post is possible. Just FYI, if it were me I definitely wouldn't do it. It's been our golden rule since we got into vendor finance in 2003 that we don't deal with family and we have had a lot of requests. It's saved our butts in a couple of cases too.
Obviously it's your decision and if you let me know what State you're in, I can recommend a vendor finance savvy solicitor.
Cheers, Paul
PS. If you do decide to go ahead at least check his credit report and if his defaults are showing as unpaid, I would run away even faster