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

    I think in most agreements when you appoint a property agent you are appointing them to act on your behalf in relation to the property – ie they can enter contracts, make decisions etc. This is the meaning of  the term ' agent'.

    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 TerrywTerryw
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    @terryw
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    There are a lot of issues to consider. At least you are making a profit, so its not all bad.

    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 TerrywTerryw
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    @terryw
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    I think that QLD is the only State which charges more stamp duty for investors – all the others it is the same for owner occupiers and investors. I think if you are an investor in QLD it works out more than it would in NSW.

    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 TerrywTerryw
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    @terryw
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    I think you would qualify because you had entered into the contract more than 12 months prior to selling.

    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 TerrywTerryw
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    @terryw
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    unless you used other security you would have to pay LMI if you borrowed more than 80%.

    If it was me I would probably limit the loan to 80% – no sense in paying LMI unless you think you can make a greater return on the remaining 10 to 15% (max loan 90 to 95%)

    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 TerrywTerryw
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    @terryw
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    The lender has to think what will happen if you default and they have to sell the lot. So they often ask the valuers to value it in one hit, ie if it had to be sold to one buyer. This usually results in around a 10% lower val.

    Also people are prone to err on the side of giving themselves a higher estimate. Make sure you have plenty of leaway as things can drag on and prices are usually higher than estimated.

    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 TerrywTerryw
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    @terryw
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    2.4mil x 65% = 1.56mil = max loan size.

    But are you sure the vals will come in? They are likely to value all in one line, so may come in lower than expected

    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 TerrywTerryw
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    yep, Lewis would know.

    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 TerrywTerryw
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    @terryw
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    This is a complex area of law. Landlords can be sued and do get sued all the time.see Muir v Hume  [2003] QSC 191 http://archive.sclqld.org.au/qjudgment/2003/QSC03-191.pdf where the tenant tripped and hurt her back and got awarded something like $1mil.

    Sam's case is different because he was not notified of the problem. The question is was his negligence the cause of the person's injury – and did they suffer damages from it?

    It could be argued that Sam had taken responsibility in looking after the lawn as he has arranged mowing. Did Sam know about the hole? If he did and took no steps to fix it he may have been negligent, but this doesn't appear to be the case.

    The injured person also has to prove they suffered the injury and that the injury was done by tripping in the hole.

    Sam, you probably shouldn't have left it to the agent to negoitate – what if she decides to sue you anyway after you have paid all of those bills.

    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 TerrywTerryw
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    That used to be the case in Vic, but I had heard they changed the rules. Are you sure about that Matt?

    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 TerrywTerryw
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    @terryw
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    yes, recycling is better than wasting.

    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 TerrywTerryw
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    @terryw
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    But, there are ways to improve your situation.

    Talk to your tax adviser about capitalising interest on your IP loan – which will free up cash to pay down the home loan. Also look at borrowing to pay all expenses of the investment loan – such as insurance, rates, repairs etc.

    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 TerrywTerryw
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    @terryw
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    no

    You will be borrowing to pay private expenses.

    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 TerrywTerryw
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    And don't forget the fittings

    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 TerrywTerryw
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    @terryw
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    You will have to check, there was short period where you could clam 4%, it is around 1985 to 1987 where it then changes to 2.5% for 40 years. Prior to that it is nil.

    Best to get  a quantity suveryor in.

    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 TerrywTerryw
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    @terryw
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    If it was built after 1987 you can claim depreciation for up to 40 years.

    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 TerrywTerryw
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    @terryw
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    Land tax varies from state to state.

    In NSW the main residence is exempt, and then there is a tax free threshold of about $370,000 per person. THis is just based on the land value, not including the building – so you may be exempt if your land is in NSW.

    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 TerrywTerryw
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    @terryw
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    i too would borrow the full amount. Otherwise if you needed your cash for personal expenses it would not be available without rebborrowing it and the interest would not be deductible.

    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 TerrywTerryw
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    @terryw
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    Firstly, no stamp duty concessions as Richard mention.

    Secondly there may be less asset protection than normally under a trust, especially in the early years, as transactions can be reversed under the bankruptcy act in certain circumstances. So make sure you get advice from a solicitor before you do this.

    Thirdly, are you sure your property will still be positive geared after the transfer? Stamp duty must be paid at market rates, but you can transfer for less – but if you do that you could be seen as transferring it under market value to defeat creditors. You do realise you will have to reapply for the loan for the transfer into the trust – even if the trustee will be the same as the individual.

    But if it is cashflow positive your trust could offset this by bying a negative geared property.

    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 TerrywTerryw
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    @terryw
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    nope, but i was able to get a client more of a discount than when they approached the general loans section of ANZ.

    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

Viewing 20 posts - 7,481 through 7,500 (of 16,328 total)