My father is selling me a house for $93,000. The real estate values it at a possible $130,000. This gives us equity of $37,000. We were going to refinance at a later date to gain access to this money to invest in property.
Now, we received advice from a mortgage broker who told us to put on the sale contract the value of $130,000, and then get my father to “say” we’ve already paid him a deposit of $37,000, therefor gaining access to the equity immediatley.
In actual fact we’ve not given this deposit to my father.
Is this mortgage broker trying to pull a swifty to get a higher cut from the bank? Is this a legal manouver? [?]
Thanks []
Karl
The future belongs to those who believe in the beauty of their dreams. – Eleanor Roosevelt
I wouldn’t think it would make that much difference to the mortgage broker to make it worthwhile for them.
Couple of things – you’ll have to pay stamp duty on the higher value, but you might anyway as it’s not a ‘arms length’ transaction if you are buying it for less.
The bank may also only lend you based on price so if you do buy at the lower price may find you have to come up with the deposit anyway. Also with the higher price, if it’s not your dad’s PPOR, he will have to pay higher CGT – but again may have to as it’s not an arm’s length transaction.
I would check out the above with your accountant/solicitor to make sure you do the best thing for both of you.
Oh, another thing, if you pay a lower value, and it’s not your PPOR, and you sell down track, you will be paying higher CGT – so I guess the govt gets you any which way.
Good point shanebal, also I forgot to add that we already have $20,000 deposit cash in bank. I just wanted to know if this was an ethical way to do things because we want to keep our integrity in our dealings.
Again, thanks
Karl and Rita
The future belongs to those who believe in the beauty of their dreams. – Eleanor Roosevelt
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