Total Members: 159,187

raddles

  • raddles replied to the topic Query Re Legal Advice in the forum Legal & Accounting 16 years, 11 months ago

    Hi WWfor perhaps a more extensive explanation of what your solicitor should do for you – look at the conveyancing protocol in the state where you are buying.You as the buyer are looking at your property – from perhaps an emotional perspective – imaging your furniture in the property etcYou do need the items mentioned by Jon above – if you are…[Read more]

  • raddles replied to the topic Query Re Legal Advice in the forum Legal & Accounting 16 years, 12 months ago

    Hi thereas a Legal Costs Consultant, I see the litigation files of many parties where there has been a dispute over property transactions – it may be the purchaser has decided they don't want to purchase the property and want an out – or there may be problems about inclusions in the contract which have not been delivered on settlement.A solicitor…[Read more]

  • raddles replied to the topic Settlement cheque in wrong name! in the forum Hi thereI have had something 17 years ago

    Hi thereI have had something similar happen with a re finance where the solicitor/conveyancer for the bank stuffed up and as a result I didn't have my money for 7 days.I did jump up and down and they waived the interest payable for that period.I do think it is worth complaining that the mistake has cost you money – specify it and require it to be…[Read more]

  • raddles replied to the topic SMSF ‘loan’ to a non-member? in the forum Legal & Accounting 17 years ago

    HI thereI think you really need to speak to whoever audits your fund – to see how they interpret this. thanks

  • raddles replied to the topic SMSF ‘loan’ to a non-member? in the forum Legal & Accounting 17 years ago

    http://law.ato.gov.au/atolaw/view.htm?DocID=DSF%2FSMSFR2007D2%2FNAT%2FATO%2F00003please review the above link in answer to your queriesthanks

  • raddles replied to the topic SMSF ‘loan’ to a non-member? in the forum Legal & Accounting 17 years ago

    Hi thereyou will need to get proper advice from a superannuation specialist but this smells like a scheme to circumvent the rules for SMSF funds not lending to a related partyyou will probably have problems with the sole purpose test  – where the scheme is considered in totalitythanks

  • raddles replied to the topic Using and or nominee clause in QLD in the forum Help Needed! 17 years ago

    http://www.somersoft.com/forums/showthread.php?t=36546&highlight=nomineeHI thereyou may like to look at the above link as the issue was discussed.It does sound as if the advice you are receiving will avoid double stamp duty – despite the coststhanks

  • raddles replied to the topic who pays the bank’s solicitors fees? in the forum Help Needed! 17 years ago

    Hi thereit is usual for you to have to pay the bank's solicitor's fees as part of the loan details – it should have been disclosed in any credit fees and charges.Their fees may include the costs of stamp duty for a mortgage – but if you are in doubt about whether they have charged you properly – contact a legal costs consultant in your state.If…[Read more]

  • raddles replied to the topic Selling Land in QLD Without a scolicior in the forum Help Needed! 17 years ago

    Hi therethere is no website as such but you may want to consider some of the DIY packages which would help you through the process.Sorry can't recommend any because I don't usually use them.If you are using real estate agent to sell your property – they will prepare any contract for you.If you have a mortgage on the land you will need to liaise…[Read more]

  • raddles replied to the topic Has anyone had success in sueing a commercial tenant ? in the forum Hi therethere are a lot of 17 years, 1 month ago

    Hi therethere are a lot of factors to consider to advise you if you will have any success in recovering the money owed to you.Your first stop will be your solicitor who will normally undertake a search with respect to the company director to see whether there will be any money at the end of the day to recover – often proceedings don't even start…[Read more]

  • raddles replied to the topic Units verse houses in the forum Help Needed! 17 years, 1 month ago

    HI thereyou will have to clarify what your goals are – are you aiming for capital gain – then perhaps the house would be the better option (given the land content) -are you going for yield – then the unit may be the better option.If you are fairly young then perhaps looking for capital gain is the go – and if you are on a reasonble defence s…[Read more]

  • raddles replied to the topic Final Inspection Tips in the forum Help Needed! 17 years, 1 month ago

    Hi there when you do the final inspection you are checking that what you are buying corresponds with the contract.I once acted for a couple who had purchased a home with some beautiful leadlighting in windows – they went back to check before settlement and the leadlighting had been removed.  There was obviously problems with the settlement…[Read more]

  • raddles replied to the topic STRATA- 2 units 1 title in the forum Help Needed! 17 years, 1 month ago

    Hi therewhy not contact your council and see whether the property can be strata applied, contact a surveyor to check out the costs involved and than contact a body corporate manager to find out the costs of lodging documents at the titles office and the ongoing costs of running a body corporate.Unfortunately there is no ball park cause all of…[Read more]

  • raddles replied to the topic Strata vs community vs torrens in the forum Creative Investing 17 years, 1 month ago

    Hi therejust in relation to your comments about Torrens title – that is the name of the system of registration rather than a separate title categoryas to whether you can strata or community title – I would think you do need to know Council requirements for the size of the area which can be strata titled – and if you are proposing to do a duplex I…[Read more]

  • raddles replied to the topic Settlement Adjustments in the forum Hi there
    your
    17 years, 1 month ago

    Hi thereyour solicitor/conveyancer would be doing some inquiries (i.e. inquiry with Council) which would lead to finding out those details.  Often the buyer's solicitor puts forward their proposed adjustments then the vendor's solicitor says how he wants the cheques to be drawn.Why not contact your conveyancer and see what details they have?

  • raddles replied to the topic Toowoomba QLD etc info please in the forum General Property 17 years, 1 month ago

    Hi thereIf you are buying as an owner occupier – I agree that Toowoomba is good value – not so good as an investor.  I have had to recently drop rentals to get tenants into properties and with the continued land developments in the area – there definately is an oversupply.The water issue is definately a concern but wouldn't have caused people to…[Read more]

  • raddles replied to the topic How do I lodge a caveat? in the forum Legal & Accounting 17 years, 1 month ago

    Hi thereI think it best you consult with a solicitor to draw up a loan agreement between you and your son – that will give you a contractual right to lodge a Caveat – which will need to be stamped with mortgage duty (if your state has mortgage duty) – and once stamped can be lodged over your son's title.Just be aware that if your son has an…[Read more]

  • raddles replied to the topic HELP – Tenant not paying rent in the forum Hi thereif the other party 17 years, 1 month ago

    Hi thereif the other party signed the contract of sale – you do have an understanding in writing which the RTA could refer to – you also have part performance if a bond has been paid and some rent has been paid.You may not actually need a solicitor if your real estate agent is on the ball and has done these sort of evictions before.It is a pain in…[Read more]

  • raddles replied to the topic Stamp duties on refinance in the forum Finance 17 years, 1 month ago

    Hi thereif you are refinancing it will depend on the limit the existing mortgage is set at – as you may not need to pay more stamp duty if it is the same amount – if it will increase your borrowings – you may just have to stamp for the increase and notify the OSR of the existing mortgage duty paid to get the credit for that amount,thanks

  • raddles replied to the topic URGENT – Need a REALLY GOOD LAWYER in Melbourne in the forum Legal & Accounting 17 years, 3 months ago

    HI therewhy not try John Turnbull at Mason Sier and Turnbull in Mt Waverley.  He is a accredited specialist in property, a property investor and a good chap who I worked with many years ago.  If he can't help you he can refer you to someone who can.thanks

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