All Topics / General Property / WHAT CONTRACT TO USE? Victoria

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  • Profile photo of PaulypPaulyp
    Member
    @paulyp
    Join Date: 2006
    Post Count: 12

    Hi,

    I recently found someone that wants to sell some land (not listed, no agent) at X amount of dollars, which is below market value. I was hoping to approach a potential seller and sell it at XX and make the difference. My question is what can I do to protect myself so that the seller can't go over my head once he has the section 32 as I don't know the seller very well. Is there a legal contract can I use, so that I don't actually use any of my own money for the purchase? I've heard of the term 'call option' but don't know much about it, could something like that work?

    thanks in advance for your help

    Paulyp

    Profile photo of Paul DobsonPaul Dobson
    Participant
    @pauldobson
    Join Date: 2003
    Post Count: 1,196

    Hi Paulyp

    The challenge with a traditional option is that the final purchaser usually finds out what you optioned the property for.  If you're looking for an easy sale, you need to be able to give your final purchaser a standard contract of sale, not an Assignment of Option form (as with a standard option).

    We use a system of legal paperwork that prevents the final purchaser knowing what price you're controlling the property for, i.e. it's an option but it's very different from a traditional real estate "call option".

    Cheers,  Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
    Email Me | Phone Me

    An alternative way to finance your home.

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    Paul D, are you referring to the use of a Put & Call Option? ie something which is quite readily available thru any conveyancer?

    Profile photo of Paul DobsonPaul Dobson
    Participant
    @pauldobson
    Join Date: 2003
    Post Count: 1,196

    Hi Scott

    No, it has no "put" component to it.  It's just a "call" option that we've modified significantly because, when we first started doing these transactions, we were frustrated by both the vendor and the final buyer seeing the complete transaction.

    We figured that we'd negotiated a price that the vendor was happy with and likewise, the final purchaser, so why should we use paperwork that makes our profit completely visible to all concerned.  This is pretty much like investors who undertake "flips".  They don't want their "purchase" and "sell" prices disclosed to the other parties.

    With this in mind, we utilised the services of two law firms to end up with what we finally wanted and it works for us.  Thanks.

    Cheers,  Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
    Email Me | Phone Me

    An alternative way to finance your home.

    Profile photo of PaulypPaulyp
    Member
    @paulyp
    Join Date: 2006
    Post Count: 12

    Hi Paul D,

    thanks heaps for that, thats exactly what I need.  If at all possible would I be able to give you a call? Regarding the options and wrap training JV's.  If it's o.k Just let me know what time would suit you best.

    Cheers

    Paul

    Profile photo of Paul DobsonPaul Dobson
    Participant
    @pauldobson
    Join Date: 2003
    Post Count: 1,196

    Hi Paul

    Feel free.  Anytime is fine.

    Cheers,  Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
    Email Me | Phone Me

    An alternative way to finance your home.

Viewing 6 posts - 1 through 6 (of 6 total)

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