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

    Yes that is right AM.

    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 generally won’t get free legal advice for commercial matters.

    VCAT is a tribunal, not a court, so less intimidating. You could probably do it all yourself, but if the other party has a lawyer they may trip you up.
    costs would be limited. i.e. if you employed a lawyer and won, you would possibly get the maximum allowable in costs award to you, but your legal fees may be higher.
    they may be able to take things to a higher court
    keep in mind if it goes to the tribubnal, if it gets that far, the other party is expecting to win too.
    Yes the tradesman could simply ignore any judgment against them. You would need to them enforce the judgment by making further applications to take property, put them into bankruptcy etc.

    Perhaps ring the Dept of Fair Trading as they may have jurisdiction over this sort of thing.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    spouses, parents, SMSF (a trust!), related party loans, gifts, etc,

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Sorry, this is not an area that I advise on.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    I think your tax agent doesn’t understand borrowing, or he is not acting in your best interest.

    Crossing securities is dangerous.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Personal money. I have lent money out about 5 times and have had 5 lots of problems. People just think they don’t have to pay it back.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Don’t lend anyone money.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Realestate says that units in Cairns have 10+% rental yield.
    http://www.realestate.com.au/invest/1-bed-unit-in-cairns+city,+qld+4870?shd=rental_yield&zoom=12
    How is that possible???It’s too good to be true :)

    On that link you provided the capital growth was listed as negative 8%.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Sorry Fred, I meant the 25% deposit which would be more $42k according to your calcs. You have to work out what you would get investing $42k elsewhere and then compare this to what your return on this property would be.

    In terms of building a portfolio you have to consider serviceability. How many loans could you qualify for before tapping out. Unless you have a huge income it won’t be too much. So borrowing now for a property that puts $10 per week in your pocket may mean you cannot borrow later for a property that grows at 10% pa. So there is an opportunity cost.

    You won’t get rich buying property that doesn’t grow in value. Positive cash flow is good, but not on its own its not.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    I’m not expecting any significant capital growth in a long time.

    If this is the case what is the point in investing in this property? What will you get in your pocket? each year. How much after 5 years?

    Where is the $25k deposit and costs coming from? Have you factored in the interest on this? Even if cash it would mean an opportunity cost.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Firstly are you able to sub-divide before building? Your question above should be addressed to a town planner, but in the first post you appeared to mention transfer of titles. This has implications which should be put to a lawyer.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    If you had all of your loan contracts properly signed and returned before the bank’s cut off dates then it may be their fault and they may pay. If not it doesn’t appear their fault, but they may still pay – all or part.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    I haven’t read your post, just skimmed it (too long) but research ‘deed of partition’

    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

    Profile photo of TerrywTerryw
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    @terryw
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    You should see a lawyer for advice before starting as there are strategies to save stamp duty and potentially CGT.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Yes. But not just intention, but the events themselves. So if you intended to buy land construct and sell then this would probably not be taxed as a capital gain, but income. If you can demonstrate you intended to hold, and took steps too, but circumstances changed, then it might be taxed as a capital gain.

    Don’t forget GST too.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    contract date for the land generally.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    You can’t sue a company that no longer exists. Where a company is deregisered and it owns property this property vests in ASIC http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s601ad.html

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Apply to the supreme court to appoint a trustee and have the trustee force a sale of the property. This is needed because both parties are needed to sell. The other owner could also be dead. If that is the case their executor needs to be tracked down, or someone has to apply for probate or administration. Their estate can be sued for their share of the fees and land tax too.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    parties can only charge what is agreed to in the contract. If the contract was a NSW standard contract of sale then the vendor can charge the purchaser interest for late settlement. After 14 days they could even rescind and keep your deposit – subject to the exact agreement. Other states have similar issues. So you may have got off lightly. I am not sure why, but all of these off the plan matters seem to settle around christmas for some reason.

    If it was the bank that caused the delay then they will generally reimburse you for additional expenses such as this so check with your broker. Even where it is not the banks fault blame them anyway and ask for compensation and they will probably give you some without digging too deep.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    This may be a mixture of tax advice and general property advice (no licence needed for this). There are some financial planner type companies that supposedly specialise in property related advice, but the fees for a ‘plan’ can be $3000 upwards.

    Why not just put some details on the forum for general suggestions?

    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 - 1,261 through 1,280 (of 16,328 total)