Hi,
My business partner and I are buying a commercial property and I have a few defaults on my name due to a businesss that went bankrupt a few years back. My business partner is putting it in her personal name only to stop the banks from looking at my history, on the back end of this we are getting a solicitor to have a legal agreement that stipulates the building belongs to both of us 50/50 – this is a long term investment and hopefully the first of many.can anyone see any problems I/we encounter down the track?.. or is there a better solution…(yes, I have to wait another 2years before defaults are gone, then will put my name on it or put it in our business name)
would love to hear your comments
Hi Amelie
Your solicitor would be able to provide the best advice but perhaps a trust structure where you are a beneficiary may work and provide you with some protection?
In what structure do you operate your business together?
You also need to be mindful of stamp duty ramifications for you to add your name on title down the track.
Where are you looking to buy?
Cheers
RhysRhys Adams
http://www.redcommercial.com.au/
Email Me | Phone MeCommercial Property and Construction Finance Specialist
Hi Rhys,
Thanks for responding.
great advice about setting it up as a trust, definitely will look into this.Its always greatbounce ideas around.
Thanks again.
Amélie
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This reply was modified 10 years, 5 months ago by
amelie1313.
Listed beneficiaries will generally be dragged into the finance perspective in any case, so you’ll be back to square one.
A subprime lender may consider looking at this sort of deal if it can shown that the issues behind the defaults are not ongoing, but rates will significantly higher than prime lending.
Corey Batt | Precision Funding
http://www.precisionfunding.com.au
Email Me | Phone MeInvestment Focused Finance Strategist - servicing Australia-wide
Hi Amelie
As long as the business and your partner can show sufficient income to show debt servicing and you have 30% equity to contribute to the purchase (plus costs) you should been in a position to finance the property.
Cheers
RhysRhys Adams
http://www.redcommercial.com.au/
Email Me | Phone MeCommercial Property and Construction Finance Specialist
At a 70% lvr you should be able to obtain a competitive rate especially if you are looking at fixing the rate.
Done a couple of deals recently in the mid 5’s.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
Discharged bankruptcy over 2 years is ok with standard banks- ie CBA, Westpac, ANZ, ING etc…at standard rates < 5% and term – just need 20% deposit + good history for the last 2 years. A minimum of 24 months clear record since being discharged from Bankruptcy or Part X Arrangement.
Never presume.
But if your file is still pretty bad but yes may need to consider nonbanks or a lower LVR.
Mick C | Shape Home Loans
http://www.shapehomeloans.com.au/
Email Me | Phone MeSame Banks. Better Rates. Served With a Passion.
^ Disregard my last post…read the OP post again….not bankruptcy but recent defaults on file…diff story.
Mick C | Shape Home Loans
http://www.shapehomeloans.com.au/
Email Me | Phone MeSame Banks. Better Rates. Served With a Passion.
Can someone buy into a unit trust later ?
Cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
If you are utilising a silent bare trust then that will help deal with taxation issues later on, duty needs a bit more documentation. I would strongly suggest applying for a private binding ruling from the tax office to help your SANF.
If using a unit trust you can always transfer units, again taxation and duty issues may arise (duty varies from state to state)
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
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This reply was modified 10 years, 5 months ago by
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