All Topics / Help Needed! / Lease Purchase

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  • Profile photo of ashrickashrick
    Participant
    @ashrick
    Join Date: 2004
    Post Count: 9

    Has anyone heard of lease purchase on property? Below is an illustration of how it works.
    When vendor sells the property, title is transferred to the buyer. Instead of obtaining financing from an financial institution, buyer gets financing from vendor, who charges a predetermined interest. If buyer defaults on repayment, vendor has the right to apply for foreclosure like a bank.

    Is lease purchase practised in Australia, particularly Melbourne? Is this legal?

    ashrick

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

    This would only work if the seller had clear title to the property, ie no loan, owning it outright. Otherwise the vendor could not transfer title without paying out their existing loan.

    So I would think this situation would be rare, but possible.

    Another way to do it, would be to get a loan, and then lease the property to a tenant and sell them an option to purchase as well. The title would stay in the seller’s name. This is legal, and I have done 3 of these in Victoria myself.

    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

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