All Topics / Help Needed! / Assignment of Contracts in Sydney

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  • Profile photo of frodobfrodob
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    @frodob
    Join Date: 2004
    Post Count: 3

    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.

    Profile photo of Fast LaneFast Lane
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    @fast-lane
    Join Date: 2004
    Post Count: 527

    Get a book called flipping properties by William Bronchick at businessmall.com.au. It’s an American book, but still very relevant.

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    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 Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of frodobfrodob
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    @frodob
    Join Date: 2004
    Post Count: 3

    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

    Profile photo of frodobfrodob
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    @frodob
    Join Date: 2004
    Post Count: 3

    Thank you for your post G7.

    I will check out the website/book. Anything else you wish to add would be much appreciated.

    frodob

    Profile photo of GrregGrreg
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    @grreg
    Join Date: 2003
    Post Count: 121

    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,
    Greg

    Profile photo of hiflohiflo
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    @hiflo
    Join Date: 2005
    Post Count: 33

    Hi,

    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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