All Topics / Help Needed! / caveat on sandwitch lease

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  • Profile photo of MarucoMaruco
    Member
    @maruco
    Join Date: 2005
    Post Count: 48

    I am trying to do “sandwitch lease” but a little confused about caveat thing.
    As far as I learned, when I get an option to control the property from a vendor, I put caveat and when I “lease option” the house to tenants/buyer, I won’t let them put caveat, right?
    If they asked to put caveat? Or is there any problem letting him/her to put caveat?

    Another question is :
    I’ve got a tenant/buyer and now I need to look for a house where the vendor is willing to give me an option.
    I thought of paying a few thousand dollars of commission to an agent when I successfully closed the deal as they lose a sale. (if they don’t get anything out of it, who wants to help me?)
    But I will lose more than a half of the option fee that the tenant/buyer pays.
    I just wonder how other investors are doing?
    Thank you.

    Profile photo of SonjaSonja
    Member
    @sonja
    Join Date: 2004
    Post Count: 338

    I’m no solicitor and I’m not experienced in “sandwich lease/options” but I can’t see the problem with having two seperate caveats (each one held by the seperate people who have purchased the options to buy) on the one property.

    Is the solicitor you are using experienced in this area of property law? This should be something that he/she can accurately advise you on.

    Best of luck with it.

    Kind Regards,
    Sonja

    Profile photo of MarucoMaruco
    Member
    @maruco
    Join Date: 2005
    Post Count: 48

    Thank you for your reply.
    I have bought an IP recently, and since it is negative gearing, I am sort of stuck at the moment.
    And I am reading here and there to get more knowledge to move forward, and I came across this idea of “sandwitch lease” which I don’t need to put any money down from my pocket.
    The solicitor I used to purchase the IP was a real headache, so there is no way I go back to her.
    So, I don’t have a solicitor who I can talk any concerns about properties.
    But for the moment, I will keep learning and try to find solutions.
    Thank you again.

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

    The problem with caveats, is the owner will have to consent to yours and then to the person that buys the option from you. This may be difficult to negotiate.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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 4 posts - 1 through 4 (of 4 total)

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