All Topics / Legal & Accounting / And/Or Nominee in NSW

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  • Profile photo of maniyakmaniyak
    Member
    @maniyak
    Join Date: 2002
    Post Count: 10

    I searched and found many references to and/or nominee on contract to purchase, but in NSW I’m not sure of the problems. It is possible finance in both names may have problems, so it would be nice to change contract to my wifes name only. Any experiences in NSW with using this clause?

    Profile photo of MonopolyMonopoly
    Member
    @monopoly
    Join Date: 2004
    Post Count: 1,612

    Hi Maniyak,

    The “and/or nominee” part of the contract of sale is used as a temporary measure until settlement. Basically you can put your name on the provided space, and just prior to settlement change it into both names, or just one. You can change your mind upteen times in the interim, however once the settlement is complete, the nominated name will be that which appears on the Certificate of Title.

    As for NSW experience, I’ll turn the floor over to some of my fellow northerners to answer, I’m from down south (Victoria) or a “Mexican” as they call us, isn’t it??? [tongue]

    Cheers,

    Jo

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

    Make sure you speak to a solicitor. In NSW you could be up for stamp duty again if you nominate an non related party. I think a spouse would be OK though.

    Terryw
    Discover Home Loans
    Mortgage Broker
    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 maniyakmaniyak
    Member
    @maniyak
    Join Date: 2002
    Post Count: 10

    Thanks guys,
    Found out it is easy to add a spouse’s name, little harder to take a name on off a contract. Nothing black and white about the topic in NSW.

    Doesn’t matter anyhow. Just got 11th hr GAZUMPED big time. [angry2] A slow death by listening to 1000 hours of ACA stories with commentry by J**man is too good for the average RE agent.

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