Thanks for the quick response I am familiar with the documentation side but wasn’t quite sure the best way to go for a house of this value can you give me an off the cuff assessment of most likely options on a say 2-3 year settlement either way.
You can apply an Lease/Option to Buy contract into place for just about any residentail property. Over simplifying the process, the Vendor or a Buying Agent finds a Purchaser who agrees to buy the property at an agreed price in todays money at a date further down the track, i.e. H&L worth $500K. The Vendor agrees to sell to the purchaser the property in 5 years time for say $550K. The Vendor draws up 2 main docs – a contract to purchase and a lease agreement. So, for the next five years, the tenant agrees to pay an agreed amount for rent plus outgoings, and usually has a percentage of the rent taken off the final purchase the longer they rent the property. The purchaser also usually pays a deposit (condideration under contract law) of upwards of $10K – the more the better for the Vendor because it makes it more difficult for the Purchaser to just walk away. The deposit is always non-refundable. Option Agreements, if done legally correct and are drafted honorably between both the Vendor and Purchaser, can be very good. They allow the Vendor to have their mortgage commitments met by the rent and they will still walk away with a tidy lump sum at the end of the contract term – good for Vendors in financial strife. It allows a Purchaser to commence buying a home without the need of a traditional bank loan – this is also why most Option Agreements i've ever done are for 5 years – because if the Purchaser has a bad credit history, after 5 years they usually have a 'clean slate'. The Purchser's rent money is not dead money because a percentage of the rent is coming off the final purchase price at the end of the Option term. The only real big downside to the Purchaser is if they simply cannot get the home loan at the end to finalise the Option Agreement. If this happens, or the Purchaser defaults on the Option Contract, they lose the lot – ALL the money they paid in deposit and rent and the property itself! The downside for the Vendor in all this is, if the capital growth in the property is high then they are literally doing themselves out of potentially tens or hundreds of thousands of dollars. Confused? <moderator: delete advertising> I hope this has helped. CHEERS! TC