All Topics / Help Needed! / Confused?

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  • Profile photo of chrismazchrismaz
    Participant
    @chrismaz
    Join Date: 2003
    Post Count: 1

    I just exchanged on a property out west of Sydney. The buyer (an investor), insisted on 12 months before settlement. As much as I tried I can’t understand the logic behind this decision. The place is rented of which I receive the rent. My solicitor can’t understand why either. The prices are not moving upwards.

    Is there something I’m missing?

    Profile photo of hellmanhellman
    Member
    @hellman
    Join Date: 2005
    Post Count: 109

    Perhaps tax implications (CGT)? Or the investor might try to flip the property (that is reselling it). Or perhaps he wants time to buy and then refinance, Or perhaps they have to sell some other properties before they can buy yours (free up some equity), etc.

    Of course there is nothing wrong with all the above (as many sellers want to keep living in the house for a while before they move and it gives them piece of mind that they have a buyer and of course time to buy a house they really want).

    Hellman

    Profile photo of DazzlingDazzling
    Member
    @dazzling
    Join Date: 2005
    Post Count: 1,150

    I’m confused as well…which bit don’t you understand ??

    The fact that the purchaser insisted on 12 months settlement or the fact that you agreed and signed off on it ??

    What’s the point of asking the question “Am I missing something”…and then conferring with your solicitor after you’ve signed off on the contract ??

    Me thinks it’s just a tad late for queries and ‘trying to understand’ for this deal. For future reference I can see the point, but the horse has bolted on this one Chrismaz.

    Cheers,

    Dazzling

    “No point having a cake if you can’t eat it.”

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

    It wouldn’t be CGT reasons – this is based on the date of contract.

    He is probably assuming the property will rise in value during this time.

    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

    Profile photo of Mortgage HunterMortgage Hunter
    Participant
    @mortgage-hunter
    Join Date: 2003
    Post Count: 3,781

    Perhaps he wishes to onsell it with a simultaneous settlement?

    Cheers,

    Simon Macks
    Residential and Commercial Finance Broker
    [email protected]
    0425 228 985

    Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.

    Profile photo of shake-the-diseaseshake-the-disease
    Member
    @shake-the-disease
    Join Date: 2005
    Post Count: 97

    Nothing confusing about it. Doing this means that the property, which being in Sydney is probably a NG prospect, is neutrally geared for them for 12 months. And the best bit is that you are financing it all for them. Hopefully you got a higher price to reflect what you are giving up, like about 5%.

    To figure out why a 12 month settlement is good for an investor, have a think about an extreme example of say a 10 year settlement at the current market price. Would you have been prepared to go for that long a settlement? Why not?

    Profile photo of munjymunjy
    Member
    @munjy
    Join Date: 2005
    Post Count: 129

    I’m wondering if property prices move downwards in excess of his deposit, could he then withdraw from the contract?

    Or if rents move upwards, could he settle prior to the 12months?

    Why did you want such a long settlement Chrismaz?

    Profile photo of neo25x5neo25x5
    Member
    @neo25x5
    Join Date: 2005
    Post Count: 166

    You’ve probably copped a fair ear bashing already about this Chrismaz, but gees…..12 month settlement????? Talk about being railroaded! Wow, there sure is something missing in this situation. I hope youre able to swing it back in your favour.

    Eric

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Terry is correct CGT is based on the contract date and not the settlement date.

    I assume that your buyer is not aware of something in Town Planning that you are not. The area is to be rezoned or has sub division potential etc etc.

    Cheers Richard
    [email protected]
    http://www.yourstatefinance.com

    IP funding and US property finance
    our speciality

    Richard Taylor | Australia's leading private lender

    Profile photo of gafamagafama
    Member
    @gafama
    Join Date: 2004
    Post Count: 118

    I agree. Could be a developer wanting to buy up a chunk (say properties next door) or who knows that zonings will be changed.

    Megan

    http://www.propertyhub.net

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