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I am wondering from those who have considerable experience at wrapping-my understanding is that it is compulsory for the wrappee to seek legal advice and have the contract explained in detail to them.
In my mind, I can picture this scenario. You have found a property and found a wrapee. You have disclosed how much you are to make from the deal-the wrapee is happy to finally have the opportunity to purchase a house. You then send your client with the standard contract for the wrap deal to his/her solicitor. My guess is that 90% of solicitors are going to advise their clients against going into a deal which exposes them to a far higher risk than standard finance ie if wrapper goes broke they may lose everything-caveat or not-no cooling off period (as some contracts dictate)-ability of wrapper to do inspections on house etc, etc. I am guessing here, but I would think many wrappees would emerge from the solicitors office feeling somewhat deflated. No matter how good your intentions and how persuasive your case, as your client is sitting in the solicitors office in a one on one situation, I would be concerned that my deal as the wrapper was looking fairly precarious. [thumbsdown2] Does anyone go with their client to the solicitor? Has anyone lost deals following the wrappees legal advice?My understanding also is that a licence is required in Victoria to offer finance. How does one procure this?
jmn
It is not compulsory, but a good idea. If things go bad, the wrappee may end up saying they didn’t know what they were getting into, having legal advice means they can’t.
I think what you described happens a lot. Most solicitors don’t even know what a wrap is. To overcome this, you could send your clients to a solicitor that knows what they are doing. There is a list on the VFA of soliicitors for this purpose.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Gately
We “flat out” insist that our wrapee clients get independent legal advice. We simply will not proceed without this.
We do provide a list of “wrap savvy” lawyers in our local operating area, in our initial information kit. This sheet explains that it might be cheaper for the wrapees to use one of these lawyers because they are familiar with wraps. As against another lawyer who may have to re-educate him/herself on vendor finance, at the wrappees expense. We also note, at the bottom of the sheet, that the list of lawyers is for information only and they always have the right to use the lawyer of their choice.
With our last wrap, in Armidale, the wrappee went to their own lawyer, who was unfamiliar with wraps but, I heard, was keen to have a look at the contracts. Our client told us that the solicitor was happy with the contracts and the fact that we had briefed the wrappee so fully on the advantages and disadvantages of wraps. The result. The contracts were authorised during our client’s first visit to thir lawyer.
I hope this helps.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
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