All Topics / Help Needed! / Assignment of Contracts in Sydney
I am looking for a mentor who can teach/assist me in doing assignment of contracts in sydney, regardless of whether they have done them in Sydney or not.
Any other knowledge/thoughts on the matter would also be greatly appreciated.Thank you in advance.
Get a book called flipping properties by William Bronchick at businessmall.com.au. It’s an American book, but still very relevant.
I think you must have been reading american books. What do you mean by assignment of contracts? If you sign a contract for sale and then onsell you will be up for stamp duty. In NSW you cannot swap a contract to someone else that easily. If you use and/or nominee, then it may be possible in limited circumstances, but also be careful of the state revenue office – you could be up for stamp duty too.
If you sign a contract, you can always ask for the vendor’s permission to ‘tear it up’ and enter into a new one with the new purchaser’s name, and then collect a fee from the new purchaser.
Be wary of american stuff, a lot of it is crap.
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
Thanks for your feedback Terryw.
Assignment of contract is the australian term for “flips” in the U.S. This is where in Oz we use “and/or nominee”. As you have stated, it’s not that straightforward in NSW & compared to other states as I have been informed. Which is why I am seeking the knowledge/experience of someone who has done them before, particularly in NSW.
Thank you for your advise & I welcome any further knowledge on this matter.Frodob
Thank you for your post G7.
I will check out the website/book. Anything else you wish to add would be much appreciated.
frodob
Hi frodob!
Tony Cordato is a lawyer in Sydney who understands lease options and wraps and I am guessing it would be worth your time talking to him about assiging contracts also – I got this number out of the white pages so it should do the trick…(02) 9290 2773
Cheers,
GregHi,
I work in conveyancing I’ve seen people get away with paying double stamp duty in two ways:
1. adding “or nominee” in the contract, which could mean that you would have to pay extra money to the Vendor solicitor for drawing a new contract.
2. Drawing a “put option” contract. But this is complicated and would incurr extra legal fees.
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