I do think there is a difference between a small property investor and a large scale developer. One is clearly a business dealing by an experienced person who knows the world of business and the other (elderly parents) are just people who don't have the experience that a developer would be expected to have.
That's relevant to negotiating and due diligence etc, but how is it relevant to what appears to be a clerical oversight?
My personal favourite strategy is to have both by manufacturing growth and increasing rental return after purchase. True, it's not easy, but if you look at enough properties and if you even find one per year, you'll be on the road to wealth. I do believe the commercial arena provides more opportunities for using this strategy, and you don't necessarily need big bucks.
Just this month I've negotiated to purchase a property with the following numbers: purchase price $600K, vendor finance $150K (25%, 9% interest payable monthly, balloon payment at 1 year), yield at settlement 9.5%. The yield is high because the property is specialist and commercial properties usually get more rent in their specialist capacity than they would as a general property (ie a space usable for a variety of uses). So the logic in pricing it was that if properties in the area yield 7.5% (it is a regional area), then this one (being specialist) was capitalised using a higher yield because of its specialisation, and that's how the vendor and agent came up with the asking price.
The really fabulous twist, from my perspective, was that the selling agent and/or vendor didn't know enough about other commercial rents in the area. My research revealed that if the specialist fittings were ripped out (which can be done quite easily), I'd actually get more rent as a warehouse than in its current specialist use – ie the current rent is significantly under market.
So the real market value of the property is actually about $800K. I took all the figures to my lender, who will only lend on purchase price at settlement, but agreed that in a year's time, when my vendor finance becomes due, they'll lend against the value as a warehouse – which should mean I can pay out the vendor finance without having to put in any cash.
Therefore in 1 years' time, I'll have a 100% financed property, still slightly cashflow positive, and becoming more cashflow positive each year. I believe that it will have some good capital growth because of some development in the area, but even if it has no capital growth – I've put in no money, it's not impacted my servicability one iota, it pays for itself, and in time the positive cashflow will be significant.
Thanks Terry, so those loses made after deductions etc would be then held in the trust and be offset against any capital gain in the future???
Exactly, unless you had another profit-making entity in the same trust.
madproperty wrote:
When would the purchase of a property that you wanted to live via a discretionary trust be a good idea?
The most common reason: asset protection. For those in particularly litigous professions – eg company directors, doctors, business owners etc – the loss of the CGT discount is seen as a reasonable cost of having their home protected from litigation. This could also be achieved by having the spouse own the property, but sometimes the spouse is high-risk too.
Also, as mentioned, if you have a Trust making a profit, you can offset losses on the Trust-held PPR against those profits.
There are some specialist Trusts out there (not a standard hybrid Trust, but a tailored hybrid Trust particular customised for owning property) which may allow Trust losses to be offset against personal income. Some people are already doing this; I'm waiting on a ruling by the ATO. (Not their general ruling on all hybrid Trusts, which may take forever, but a private ruling that my accountant is seeking on their particular form of hybrid trust.)
Richard, I'll say the same thing but a little more diplomatically, perhaps
Others certainly havethought of this principle and have been implementing it for many years. You can do the same thing with a line of credit from almost any lender in the country. I recommend that you go through a mortgage broker to find the particular product with conditions that are best for your situation.
I got my first LOC through a dubious "financial management" company that also charged me about $7K for the privilege of doing this, about a decade ago. I look at it as an expensive education and a great story to tell about what level I used to be at as an investor. Thankfully that property turned out OK and I still made a gain before ultimately selling when I realised I'd been a sucker (another mistake – I should have refinanced instead of selling). I'm now far more educated and would never fall for something like this again. But I did, so I get it…
For what it's worth – not much probably, economics isn't my strong point – I think we're near the top. One or two more 0.25% increases should do the trick. We're already seeing some mortgage stress talk in the media – hopefully that will be sufficient to cool things a bit. I base this not on my own analysis – I'm not capable of that! – but on my assessment of the logic of the various opinions put forward in the media and by competent forumites elsewhere.
It doesn't much matter to me, though – I can ride out quite a few more percent. And it's prudent to count on interest rates from purchase going up 50%, IMHO. So if you buy at 8%, you need to be able to stretch to 12%. (Not by the lender's criteria; by your own.) Interest rates may go up more than 50%, but by the time they've done that, you should also have a lower LVR due to capital growth, and thus have the ability to redraw equity.
I would check what price they intended. Don't say what you thought the agreed price was, perhaps; go back and say that you thought you'd agreed on a different price and see what they come back with, just to make sure that you didn't make a mistake yourself. If they come back immediately and say "oh yes, we intended xxxx" (the figure that's $20K more), then I think that morally you should honour what you'd agreed to.
If someone was buying your aging parents' PPR, and had agreed to pay $600,000, but a clerical error at the real estate agent meant that $60,000 was inserted by mistake, and your parents didn't notice and signed the contract – how would you feel if the buyer held them to it?
I don't think the fact that a) the magnitude of the error is smaller, b) the developer may be making a profit anyway, or c) the developer's much wealthier than you, make any difference to the morality of the situation.
I get frequent phone calls from India trying to sell me some kind of finance product, I would say I've had 10 or 15 over the last 6 months. They all want to know if I "qualify" for a meeting with their [some fancy title – finance specialist or something], which seems to involve having a mortgage, being under 50 and employed (maybe breathing, too).
They then offer an appointment to talk about "reducing your taxes", "save on interest", etc, but nobody will give any details of what it is they want to talk to me about. I suspect they're proposing some kind of negative gearing using a line of credit. I've repeatedly told them that if they give me some idea what they want to talk about, I'll consider it, but nobody will give me even a hint, so I just say "no thanks". (Yes, my husband constantly teases me about how polite I am and the fact that I give them this much of my time . I've gotten better, though – I now politely but firmly say no thanks and hang up on the "we're giving you a free mobile phone" callers.)
Out of interest, does anybody know what these calls are all about? Is anybody else getting them?
I think the 14 days mentioned is pretty standard – you get your lawyer to issue the recission notice saying that if they're not ready to settle within a period (like I say, I think 14 days is usual), then the deal's off. And of course you get your deposit back.
What about Closing costs, I hear the average is 5% of the purchase price, so by these calculations your LVR should be 99, not 94, right???
In a sense, yes. Wasn't wanting to complicate things ; )
DraconisV wrote:
Also, if you tkae out a 100-106% loan the interest will be higher in percentage form but what happens if you pay off part of the loan and the property goes up and your LVR goes from like 100 down to 80. Can you then go to the bank and say "hey i'm not such a big risk now, how about dropping me back down to the lower interest rate??" Would they do that??
Yes, some of them will. You really need a mortgage broker to optimally navigate this territory, and preferably one who's familiar with high LVR products. trentc on this forum fits into that category.
i'm speaking mostly from extensive discussions on another forum, Somersoft, which I perceive has a greater proportion of advanced/established investors than this forum, and is generally much more active (ie much higher volume of posts). I've gotten to know the styles of various investors over there, and it's generally those who have limited holdings that are a bit jittery and talking of selling, plus the odd seasoned investor who's predicting property prices Armageddon and is cashing up to take advantage of the great buying conditions they're anticipating.
Of the investors who I think speak the most common sense, and who already have substantial portfolios and have been around for a while, the vast majority have long-term views and are planning to ride it out. One of the problems they cite is that if you get out, it can be very difficult to time your re-entry precisely enough to compensate for the transation costs. Few to none of the investors in this class are predicting large price drops; possibly fairly long periods of limited price growth, if anything. They see that as just part of the property investing landscape when you're in for the long term. Most people with substantial portfolios also have fairly low LVRS, too, so they are cashflow neutral to positive and/or have sufficient equity reserves to ride it out.
Of course you may have to think differently if you have a very high LVR, can't afford negative cashflow, and were relying on increasing equity to fund negative cashflow.
Likewise, if you think the long-term outlook for a particular area has changed, then you may want to re-assess.
But if the fundamentals of your investment were sound – in an area with solid demand, access to transport, jobs available etc – then the current "jitters" are just a hiccup.
Talk to Council, check out the websites of the main mining companies, ring the mining companies and ask about their plans, ring the local Visitors bureau (surprisingly helpful sometimes), etc.
I know people who've done very well out of mining towns, and if I could go back in time and get in at 2002 prices, I'd be buying as many as I could. But my concern is that the world commodities market created a very particular set of circumstances that led to a huge boom in housing prices in those towns, and I would have thought that that has happened now, and is unlikely to be repeated. Unless you're talking about a town that hasn't had its boom yet, and has a new mine opening or something. Even in that case, I'd want to be very confident about the mine's prospects for the longer term.
So for me, my feeling is that we missed it, and prospects going forward are much more limited.
Sorry, Trance – LVR = Loan to Valuation Ratio – the percentage of the purchase price that you borrow.
OK, so given that you borrowed nearly all of it, then unless the market's moving very quickly, you're unable to get out more equity for another deposit. If you'd bought for $200K and it was already worth $220K, you could access a good portion of the additional $20K in equity by refinancing; which is like "resetting" the loan as if you're buying it again today at the increased price – but the extra $20K you can get in cash and use to fund other purchases. Since that's unlikely, you either have to make it more valuable – eg if you can spend $10K on improvements (garage? new kitchen? etc) that increase the value of the property by $20K, then you could borrow another $10K for deposits on other properties.
If that's not really an option either – which it's probably not as I'm guessing you don't have the $10K to spend on improvements anyway! – then if you really feel that the market in which you wish to invest is moving quickly, then you may want to consider taking out a 100% or even up to 106% loan. These have higher interest rates, but if you feel that values are going up very quickly, then you may still be better off paying these high interest rates if it means that you can buy another property now rather than having to wait a year or two.
i have informed my conveyencer to issue them with a notice of recision which gives them 14 days from friday to settle the property or the contract becomes null and void. I find it amazing that the purchaser gets slogged daily interest for delaying but the vendors get off scott free..
Good move to issue the notice; you can always change your mind if you want to, but best to protect your interests. And I agree that it is outrageous that one has no recourse for costs against a vendor who fails to settle on time.
Some years ago, we changed PPRs to accommodate our growing family (I was expecting twins). Five days before we were due to move, I had an emergency caesarean and my twin sons were born 10 weeks prematurely. Thankfully we were all remarkably healthy, but moving house was not exactly at the top of my list of priorities at that particular time, with recovering from major surgery and watching over our tiny babies. And I'd done nothing to prepare, because I'd unexpectedly gone into hospital on bed-rest a few weeks prior. Anyway, with my parents helping and me pointing and issuing instructions to hubby and movers from a comfy chair we packed up all our stuff into a truck first thing on settlement morning. We settled the place we were selling around midday, with a 1pm settlement scheduled for our new PPR. Movers planned to go have some lunch then deliver furniture to new PPR. Guess what? We got a call about 12:30 saying that the vendors weren't ready to settle If it had been an unavoidable bank delay it still would have been annoying, but I'd understand that sometimes it's unavoidable. But it was only because the previous vendor just didn't have her "poo in a pile" and hadn't finished moving out! Given what we'd gone through to proceed with moving out of our place, I wasn't very sympathetic.
So we were left homeless for a few days – just what I needed whilst recovering from major surgery. We had to pay a heap extra in moving costs because the movers had to put our stuff in storage, and we had no comeback against the vendor for any of this…. it's ridiculous.
It's going to cost you to live, wherever you go. Do you want to own primarily because of the financial side, eg you want the capital growth on a home, or because you want a stable home? Can you afford to pay any more than you're currently paying in rent?
I wouldn't say it's impossible, and there are certainly people that do it. It really depends on how you value your time and what a satisfactory ROI is for you.
Let's say you buy a place for $300K, spend a month and $20K renovating it, and sell it again for $360K (which I would think would be optimistic).
Whilst that may seem like good money for a month's work, your price doesn't have to drop too much below the estimate of $360K before you make nothing, and you also couldn't do one every month unless you have enough money to hold several simultaneously. Too much risk and hard work for too little reward, to my way of thinking. If you hold it and refinance to move on to more properties, it may make for a great long-term investment strategy, but flipping isn't my idea of a fun job. (And flipping is a job, not investing.)