Of course Terry is correct It's interesting how some States do it differently. A bit more information on the State by State variations is available HERE
So far I'd say it was a transaction where we took complete control of three properties for 3 x $1 options and the payment of $20,000 in arrears. We sold the Deception Bay (Qld) property with vendor finance and have since been cashed out of that property for an excellent profit. We've kept the apartments in North Parramatta (NSW) and Newstead (Qld) in our buy & hold portfolio and both are generating positive cash flow.
Yep Lease/Options are allowed in South Australia but as mentioned at Tony Cordato's http://www.vendorfinancelawyer.com.au site, 'In South Australia, Lease Options are limited to a term of 6 months.'
I believe it's important to build a good foundation to your vendor finance knowledge and there are numerous educators to choose from. Some that spring to mind are:
I've got to be careful here about self promotion but as you are looking for help with your first transaction, have a look at http://www.negative2positive.com.au
I couldn't agree more with Terry. I'm not sure how much vendor finance experience you've got but I'd suggest:
1. As soon as you hear that a lender has received a writ of possession you move onto the next transaction (unless you want to buy it via mortgagee auction) and
2. Assumptive Joint Ventures (AJV's) are an advanced strategy, i.e. ensure you have quite a high level of VF experience before you try one and, if you don't have a lot of experience and come across a potential AJV, do it with an experienced vendor financier who has experience with AJV's.
I've never had a great deal of success converting long term tenants into vendor finance buyers but you never know your luck.
I've done a few 'numbers' on the property, concentrating on generating cash flow for you. The scenario is based on buying the property at a good discount and on-selling it with an Installment Contract. The pdf containing the 'numbers' is available by Clicking Here
If the lender (bank) already has a writ of possession I normally walk away. If not and an lot of ducks line up, I may consider using our Assumptive Joint Venture (AJV) process. However I regard the AJV as the most difficult and risk prone technique I've come across in vendor finance. Therefore, if you have come across a potential AJV and you don't have AJV experience, I strongly suggest you find a vendor financier with extensive experience in this field to partner up with.
My preferred property investment strategy revolves around Vendor Finance. It's not a website as you requested but the Vendor Finance Association is a great place to meet vendor financiers. Dates and details of meetings are available at: http://vendorfinance.asn.au/meetings-and-memberships/
I believe it's important to build a good foundation to your vendor finance knowledge and there are numerous educators to choose from. Some that spring to mind, along with their websites, are:
A Lease/Option (Rent To Buy) could work well in this situation. When you say 'they would be prepared to give us a $200k+ deposit not sure if this suits', would you mind outlining why this may not suit?
Also, if you were to use an Instalment Contract the Title remains in your name until the vendor finance buyers complete the sale, i.e. pay all the Instalments or find another way of paying you out what they owe you.
If you could let us know what you're trying to achieve by selling the property, we should be able to get back to you with some clearer ideas, vendor finance or not.
Personally I'd go with Sheree's recommendation, i.e. get an accountant to do it. While you're there you may want to have a chat about appropriate business structures for your business.
Actually we, i.e. the VFI, assisted them with their ACL application and they got it in September 2011 (409646).
We have no interest in the business but, as I remember it, it's a bit like Meriton selling some of their stock with vendor finance. Except, in this case, National Deposit Funding, assists smaller developers do the same thing, by way of the developer providing some Deposit Finance in the shape of a second mortgage or personal loan.
Since we started in vendor finance (VF) I've always been wary of the Sandwich Lease/Option. I think it may be because of the number of parties in the transaction and the fact that there are two complete sets of paperwork that all have to run smoothly.
Don't get me wrong, I often use a Lease/Option if my VF buyers need some time to get the Stamp Duty together, before we roll them over into an Instalment Contract. It's just the on-selling again with another Lease/Option that I don't feel comfortable with. To each his own I guess
Bankruptcy stays on your Credit Report for 7 years from the time you're declared bankrupt. Considering most bankrupts are discharged after 3 years, this leaves 4 more years before in disappears from their Credit Report.
As the property is in Qld you will need a solicitor that's registered in Qld. Mark Game is my go to solicitor for all things vendor finance in Qld. To contact Mark call him on 07 3236 0001 or by e-mail at [email protected]
I'd suggest you ask the person who has offered to take the property from you on a Lease/Option (often called a Rent To Own), if she/he is planning to on-sell the property with another Lease/Option. This technique is called a Back to Back Lease/Option or Sandwich Lease/Option and is often used by vendor financiers.
As a vendor financier myself I don't like Sandwich Lease/Options because , as the owner, you are giving away a huge amount of control of the property with the possibility that, if things go wrong, the person that took the first Lease/Option can just hand it back to you.
If the person that's trying to take control of your property is really serious about buying the property, possibly offer vendor finance but, offer this vendor finance by way of an Instalment Contract or Deposit Finance. These two techniques are much more highly regulated and your position will be stronger.
Of course, I also suggest you get independent advice from an appropriate professional.