Thanks for the reference, but I didn't ask such a question. 

Sorry to have offended you but it just doesn’t make sense. All lawyers study constitutional law as a compulsory subject so I have studied it in depth but it is not an area I am interested in

If there were state laws contradicting the constitution then they would be invalid and they would quickly be challenged in the high court.

Leaving the comments regarding the murders aside for a min Specifically which section of the constitution would prevent variable interest rates?

That is the most ridiculous thing I have read in the past hour!

Legislation takes precedent over common law and the HIgh Court is the only court that has jurisdiction to hear constitutional matters.

Who would be making the death threats? What recent murders could be linked to keeping the status quo? Do you think the reservice bank has a hit squad or that the CBA employs assassins to take out those who refuse to fix their loans? of course not, they would be contractors so that they do not have to pay the superannuation guarantee surcharge!

Next you will be telling us the 9/11 attacks were organised by Israel and the CIA? Or that Pharlap is still alive and living in Tibet under a false name.

Hi Tinsell

I am not saying you definitely need a licence but look into the laws of the State you will want to act in first. You may need a real estate licence or a buyer's agent licence.

No sure how the 'free people' bit fits in either. The laws are there to, allegedly protect the people and maintain standards. You could imagine how it would be if anyone could act as a real estate agent without being licenced (they are dodgy enough as it is).

And why would it be unconstitutional?

Remember the trust is not a legal entity. It will be the trustee that is owning the property not the trust. So it should be the trustee borrowing the money in their capacity as trustee.

If you borrow in your name an you are not the trustee then it could be deemed that you are onlending the money to the trust. If you did that then the interest on that loan would not be deductible.

Move in for a while and then rent it. Benefit could include:
– less stamp duty
– FHOG
– CGT exemption
– All the income tax deductions too (after renting)

Transferring the house into your name will result in stamp duty in NSW. This will be assessed on the value of the transferred amount at market value.

This won't result in much asset protection at all. Have a look at the Bankruptcy Act sections 120 and 121. If you transfer it without consideration for asset protection purposes it can be clawed back indefinitely. If you transfer it for full market value with money changing hands then it could be 5.5 years depending on the circumstances.

You would be crazy to sell and rent in my opinion. Your main residence will be the only CGT free asset you can get so why not have one. You will also be paying rent where you otherwise wouldn't.

I don't want to give you legal advice as I know nothing about easements. Run it by your solicitor.

With regards to 3 the developer would just be a company which will cease to exist once this project is completed. So this is unlikely to be effective even if they agree.

You won't have a contract until the point of exchange. Before that time you could have an oral agreement but it wouldn't be binding. This means they could sell to someone else, even if you have put down a 'holding deposit'.

There is nothing illegal about working on the property before settlement, but this carries a bit of risk as if the property doesn't settle then you may have wasted your time and money.

Subject to finance clauses are pretty rare in NSW. Usually people just extend the cooling off period to 10 days so they can get finance organsed. You could do it subject to valuation but you would need to be specific.

Vendor finance wouldn't work if the vendor has finance on the property as they would have to discharge the mortgage. They could probably give you early possession with you paying in installments with title in the vendor's name. Or you could borrow a deposit off them – say pay 80% now an the remainder in x years. But a bank is unlikely to want to lend to you if this is in place.