All Topics / Creative Investing / FLIPPING PROCEDURE

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  • Profile photo of ss2306ss2306
    Member
    @ss2306
    Join Date: 2004
    Post Count: 55

    I have found a property that I think is considerably under market value. Is my way of thinking right?

    I sign a contract for purchase with say a 30 or 60 day settlement. I pay stamp duty on my purchase price. I also have in the contract I can have access to the property during this time. I then appoint an agent to sell the property at a higher price. The agent finds a buyer who agrees to settle on the same day as me. My contract settles and then theirs does. I end up with a cheque for the difference minus agents fees. I then have to pay my solicitor and later capital gains tax.

    Is this correct? Any comments greatly appreciated.

    Profile photo of coastcoast
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    @coast
    Join Date: 2004
    Post Count: 7

    Shelly.
    firstly you should be asleep now, as making millions in realestate is exhausting work.But you are probably to exited to sleep??
    But as youve asked and I have no life, hears my two cents worth.
    The big thing and I hope the more experienced out there agree, is you have to plan for what goes wrong… and it will eventually.
    By that I mean you need to have the funds and the time to hang on this property if it does not go to plan. Your bank manager and solicitor are the people you need to make your best friends, as with out them we are all in trouble.
    There are also tax and stamp duty issues that can take the shine of a good deal,but again your friend the solisitor can help.
    Your solisitor will also help with the wording of the contract, which is very important and will vary depending on what state your in, I gather your south due to time difference, in Qld most contracts are done with out solisitors until the contracts are signed and all negotiating is by real estate agents, thats fine till you have a deal like yours.Were I’m going is. if the owner thinks they are underselling because you have a contract that states you wish to sell it while not owning it yet… they may not sign or even may put the price up.. (I’ve seen it).Some times you have to be subtle…

    Just some thoughts untill the more experienced get up from there beauty sleep.

    Good Luck

    Coast

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

    And don’t forget stamp duty!

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Forget to add, other than that, what you have written sounds correct.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Kiwi-FullaKiwi-Fulla
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    @kiwi-fulla
    Join Date: 2002
    Post Count: 371

    I am not sure on other states…. but if in NSW you can just secure the property on an option and then appoint an agent to sell the property… if there is profit in the deal then you should sell this quickly and you do not have to wear the stamps and capital gains taxes…. however you will have to add the profit to your income statement at the end of the year so that the wonderful ahnds at the ATO can have thier share.

    Profile photo of gameonegameone
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    @gameone
    Join Date: 2004
    Post Count: 12

    Sorry, I’m new to this but could you buy “xxx or nominee” and then have the sale contract in the other person name? I don’t know how this would work but I was told to always insert the “or nominee clause into the sales contract. One thing to be wary of is that there is no extra charge for nomimating someone else. I got stung $300.00 this way.
    Cheers

    Profile photo of RedhavenRedhaven
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    @redhaven
    Join Date: 2004
    Post Count: 81

    Is the house empty already Shelley? If not the owners would need a minimum of 2 weeks to get their wits together and get out…chipping into your valuable turnaround time. Could you squeeze a 4 mth contract out of them? I’ve not done flipping before, but I’d be cautious in the current climate to make sure I had plenty of time up my sleeve, AND the finances to just buy the place if I couldn’t find a buyer in time. Be careful…!

    Profile photo of betterbizbetterbiz
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    @betterbiz
    Join Date: 2003
    Post Count: 47

    Hi Shelley,

    Coast’s advice is good, and as Terry said, don’t forget to factor in the stamp duty on your loan contract.

    Another minor charge could be the lender’s loan application fees which are usually non-refundable even if you don’t (need to) proceed with the loan ‘cos the simultaneous settlement you plan on did in fact happen.

    And what about your Pest & Building Reports. You may not plan to do them but you’d have to assume that any buyer would. You don’t want them to discover termite damage or structural imperfections that you too should have been aware of before the end of the ‘cooling off’ period of your contract lapses.

    If a NSW property have you counted on the new vendor’s tax? (introduced July 2004 from memory).

    What about Land Tax? Does it apply in your situation?

    Just a question – what makes this property so cheap that you’re considering flipping it? And have you read the current market correctly?

    All part of the learning experience I ‘spose.

    Profile photo of TerrywTerryw
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    @terryw
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    Gameone

    its not as simple as that. In certain states (such as NSW and QLD) you will have to pay stamp duty again if you nominate a non related party. In VIC you can only avoid double stamp duty if you have a written agreement with your nominee before you sign the contract.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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 landt64landt64
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    @landt64
    Join Date: 2004
    Post Count: 166

    Hi,
    I know this may sound silly, but what protection do you get when you insert ‘or nominee’ as a clause?
    Landt.

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

    Landt

    Its the same as signing in your own name, except that you can nomination someone/entity before settlement if you want to.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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 ss2306ss2306
    Member
    @ss2306
    Join Date: 2004
    Post Count: 55

    Thanks everyone so much for your replys. My computer has been and still is out of action hence me not logging in for a while. Currently on my Mum’s puter. I think I have covered everything listed, ie stamp duty, finance, research, etc, etc. Hope I am on a winner!!! My first venture so lets see how I go.

    Thanks again
    Shelley230672

    Profile photo of JayJay
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    @jay
    Join Date: 2004
    Post Count: 59
    Originally posted by ss2306:

    Thanks everyone so much for your replys. My computer has been and still is out of action hence me not logging in for a while. Currently on my Mum’s puter. I think I have covered everything listed, ie stamp duty, finance, research, etc, etc. Hope I am on a winner!!! My first venture so lets see how I go.

    Thanks again
    Shelley230672

    Shelley,

    What happens if you don’t find a buyer? Can you settle the property yourself?

    Never, ever attempt to flip a property unless you are in a financial position to settle it yourself in the worst case scenario. You should always have a backup plan in case should the situation arise.

    Did you end up going ahead with this deal?

    Best wishes,

    Jay.

    Profile photo of ss2306ss2306
    Member
    @ss2306
    Join Date: 2004
    Post Count: 55

    Jay

    Yes, I was in a position to settle on this property but at the last minute the seller pulled out due to major family problems. The house was a estate and I think the kids are squabbling over it. Anyway, it seems that all has turned out for the best as I have now redirected my interests and think I am on a much better path now.

    Thanks for your reply.

    Regards
    Shelley

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