Forum Replies Created
it would work like that if they borrowed the money and lent it to you (or gifted).
If you were to use one of those family equity type loans they would actually be giving their property as security in addition to the security of the property you are buying. So your loan would be $400,000 less your deposit of $40,000.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
what is it costing your per year and do you think it is growing more than that?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
you may find some answers here
http://www.bantacs.com.aulook for the pdf booklets.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I am no expert either, so I asked a developer friend and he said the DA goes with the land and the ownership of plans etc are usually retained by the draftsman – unless you have a specific agreement otherwise with them
If you don't settle then the next owner with 'have' the DA available to them but will have to do the plans again or go back to the same draftsman and get a reduced rate for redoing the same plans.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You might have to approach the owner and ask them.
Have you spoke to a lawyer yet, and what did they say?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Morgan, in that case it could be in for some CG – but becareful the high return doesn't mean the owners have increased the price to compensate. Maybe you could buy something elsewhere and create a second flat or split it in two and rent each separately.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I would start to plan ahead a bit and make sure you know what you will do when rates hit x%, how will you cope etc. You don't want to be caught out at the last minute and have to sell urgently or suffer a default and be unable to refinance etc.
Also I don't think it is a very good idea to buy a property without any CG prospects. Even if it is positive geared, what if rates rise and it becomes negative or a new hotwater system is needed etc/.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
or maybe the copyright to the plans would remain with the draftsman.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The DA will contain plans which will show the building which has been approved. These will be owned by the person who commissioned the draftsman or architect I think. without these another person probably couldn't proceed. But they probably could just get their own plans done and apply for an amended DA.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I think your figures seem about right. Advertising may not be that much. If it is your main residence then probably no tax at all, if an investment, then maybe CGT (if it has risen) and maybe land tax. Best to allow a few thousand for unforeseen extras too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
all those fees makes you want to invest in shares doesn't it!!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I think it belongs with the land. So the new owner will be able to proceed with it. But, you may retain the copyright to any specific plans or designs etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
i was being sarcastic because you didn't want to listen to my (and Richard's advice).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
i think you should go with the non bank lender!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Banks only insure loans above 80% LVR. Below this and you are free of LMI restrictions.
If you think your rates will just go up in line with the RBA just ask Macquarie Mortgages clients how they feel about this!
I wouldn't think security is a reason to go to big banks, but the other reasons I listed are.
You also misunderstand offset accounts. The balance or wouldn't change on a IO loan with an offset, just the monthly repayments would be reduced.
If you don't intend to invest, never intend to move or increase your loans, then you may be right with the smaller non-bank funder – subject to the problems above.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
if it is your main residence and you have no other, and the land is under 2 hectares, then it may be CGT exempt.
You should run this by your accountant
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
you could be
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If there is LMI involved then the LMI company will dictate the requirements you will have to meet. So if in the future you apply for a increase and your postcode is no longer allowed with then you won't be able to increase the loan. Or your employment may change casual and they won't allow it etc etc.
Also there is only 2 major LMI companies, so giving your detail to one will mean if you go to finance at another lender, or a bank and borrow more than 80%, than that lender's LMI people may know your info already. This is not good if you have already been rejected (or if you have told them different info!).
Also – ask them their fixed rates. THey will probably be much higher than a bank. So if you suddenly decide rates are going up and you want to fix……..
What happens if they were to sell their loans to another lender? Sudden increases?
Customer service after a few years?Lack of offset is a real problem too. Without one you will be paying down loans which may not be good for tax later on.
If it is going to be your only ever loan, then probably nothing to worry about. You can always refinance into a bank later
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
no, the original post was about something totally different
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
legal fees on the sale. approx $1k
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



