We are currently making an offers for some IPs, but my husband has an overseas business trip to make a.s.a.p. Can I make an offer and sign a contract while he is away? Will it be legal? What happens with a paperwork in that case?
P.S. I am sure he will be back in time for signing the mortgage documents.Hi Colobok,
Started writing a responce but there are too many senarios..Mr. MR and Mrs , Company , Trust etc.and what state.
The quicked answer would be to contact your conveyancor or solisitor.
hrm
You can get your spouse to grant you a Power of Attorney. It can be for Real estate dealings only or a General P.o.A In N.S. W you used to be able to just go to the local Chamber Magistrate– at the local court House nearest you, and he will implement it for you.Used to be entirely free. Both need to attend for signing— or a standard sort of solicitor should be able to do it for a small fee. I have bought at auction using a P.O A and settled on property signing as an Attorney. Always have a copy of Doc with you when doing any of this.
Hi,
An option you may like to consider is buying the property ‘and/or nominee’. The rules are different in each state, but, if you want to buy in your husband’s name, then you buy as Mrs. Smith And/Or Nominee’ and then you are allowed a certain period of time to substitute your husband without paying double stamp duty.
It is essential for you to obtain legal advice though as the rules are different in each state and the timing is critical.
Failing that, yes, you could think about using another entity or even getting a power of attorney. Again, legal advice will be needed.
Regards,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
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Thank you! We’ll go for power of attorney.
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