Hi,
Was hoping someone could provide some advice. My partner and I are about to finalise our contract to build a house. I have never applied for the FHOG but my partner has in a previous relationship. Is there any way we can still get the FHOG even though she has previously used it. Having a quick look on the FHOG website it talks about defacto relationships but we have lived together for less than 2 years. I have heard from various people and also an adviser from the FHOG office that if only my name is on the title of the property we can receive the grant. Is this correct? We are a bit scared that if we do receive it and a few years down the track they realise we shouldnt have received it we are left with a hefty amount to repay, plus interest.
Any help would be greatly appreciated.
Regards
Dennis
If you are about to finalise the contract on the building i am assuming you have already gone to contract on the land.
On the basis that the land was purchased in joint names then you certainly would not qualify.
Defacto is a tenious relationship so is a hard one to call. I think if you could argue that you purchaed the property and entered into the Building Contract alone then there is a chance that you would qualify although you would find it hard to suggest that your partner wasnt really living with you.
Richard Taylor | Australia's leading private lender
Hi,
I have a question. I am in the process of subdiving the land on this investment property. If I build a house on the new subdivided land to live in. Would i qualify for the New FHOG Boost for building a new home. If not would i qualify for at least the original $7K.
I terms of the date, where it is only applicable for houses purchased before 30 June 2009. Is the construction date the crucial date or is it the completion date of the newly-constructed home.
Qlds007 wrote:Hi CaseFHOG based on the Contract date.
With an off the plan contract you maybe able to terminate the existing contract and sign a new one with the vendor having a contract date post 14th October 2008.
Hey guys, Long time reader, first time poster. You are all fantastic contributers to my goal of becoming a successful Property Investor.
The above is the exact position I am in atm. Is there any legal issues with exiting one contract and then entering another that have the exact same terms with different signed date?
I have talked to my developer and he seems to think that i have to make a convincing case to my solicitor that I really don't want the property and that I can't return to same solicitor.
Can anyone shed some light on this issue any further?
FallOut
Hi Fallout
I think i would do just that use a new solicitor.
You may also wish to alter the Terms of the Contract i.e offer the developer higher price by say a $1000 or similar.
Richard Taylor | Australia's leading private lender
This has already been agreed on by the developer, so there are no issues there.
I'm more worried about the federal government and if there are any issues surrounding that.
Is this dodgey? Could my current solicitor be obliged to report this type of activity?fallout wrote:This has already been agreed on by the developer, so there are no issues there.I'm more worried about the federal government and if there are any issues surrounding that.
Is this dodgey? Could my current solicitor be obliged to report this type of activity?This could be dodgy, changing the date on the contract to get the increased grant is considered criminal offense ("obtaining property by deception"). I have just published an article about it in my blog Home I Own (not sure it posting a link to it is acceptable? If not, moderator – my apologies, just remove the link ) http://www.homeiown.com/is-changing-my-contract-to-get-fhog-increase-a-crime/. But in any case there are circumstances that may allow you to do what you need to, I think that if you asked Peter Mericka (I have nothing to gain here, we're not related – he is a solicitor and I used his services, highly recommend to others). You could comment on his article about the contract dates and possible fraud warning (http://reic.com.au/blogs/australian_real_estate_blog/archive/2008/10/17/first-home-owner-grant-fraud-warning.aspx), he always answers the comments.
Anyway, good luck with it!Cheers,
ChrisIf the terms of the contract change you are certainly not trying to obtain a property by deception.
If i undertake a Building Inspection report and this proves to be not satifactory for my purposes I have every legal right to terminate the existing contract assuming the Contract was subject to this condition.
If after a period of negoitating in the price or terms i decide to enter into a new contract this is perfectly legal. I may run the risk that the vendor says NO as he has sold it to someone else but other than I am perfectly in my right to make another separate offer.
Richard Taylor | Australia's leading private lender
Hi all
Very informative info about the FHOG. Just another variable to throw into the equation which has me confused about my eligibility – i went halves in a property in 2002 and received the grant with the intention to move in within the 1st 12 months. Sure enough, circumstances changed and we broke the rules by never moving in and were rightly forced to repay the $7K plus interest.
I havent bought another property since. The fact that i had repaid the grant originally received leads me to believe that i would still be eligible next time around ?????
If anyone could share their opinion it would be appreciated.Qlds007 wrote:If the terms of the contract change you are certainly not trying to obtain a property by deception.If i undertake a Building Inspection report and this proves to be not satisfactory for my purposes I have every legal right to terminate the existing contract assuming the Contract was subject to this condition.
If after a period of negotiating in the price or terms i decide to enter into a new contract this is perfectly legal. I may run the risk that the vendor says NO as he has sold it to someone else but other than I am perfectly in my right to make another separate offer.
Qlds007, Sounds like there is some promise coming through.
How do all these supposed legit reasons for cancel and re-entry stack up if the contract is a non-conditional contract? Which is typically the contract that one enters on an off the plan build.
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