All Topics / Help Needed! / Dilemma on how to start

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  • Profile photo of amelie1313amelie1313
    Participant
    @amelie1313
    Join Date: 2011
    Post Count: 4

    just looking for advice.

    i own two buildings under a company – owned by myself and one other.
    I would like to Buy him out. I don’t want to do the conventional way, as there is a loan attached to the buildings (positively geared) but rather work out if we were to sell the buildings what net amount they would get ( not sure of capital gains etc) I’m hesitant the bank may not support that I take over the loan  by myself, even though the properties are worth double the loan.

    Im looking for a creative way that I can do this legally without paying out the loan, but somehow putting it into my name.
    maybe changing over to a trust company ?

    Profile photo of JaxonJaxon
    Participant
    @jaxona
    Join Date: 2014
    Post Count: 284

    So both buildings are owned by the company?

     

    and you both gave personal guarantees for the properties?

    Would it not be as simple as getting a valuation, paying your partner out of the ownership he has in the company then you have sole ownership & have not had to restructure nor incur any major fees in the process?
    Not a recommendation at all, just trying to work out between the vague information.

    If it was this simple it would just be structuring the equity/cash he has and paying him out, buying his shares & potentially that would solve it?

     

    Jaxon | Jaxon Avery – Financial Adviser
    http://www.jpafinancialservices.com.au
    Email Me | Phone Me

    JPA Financial Services Pty Ltd

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,416

    Hi Amelie,

    Sounds like you may have a DSR concern rather than an Equity one.  i.e. that the Bank may not let you take on double the loan so you can pay out the other partner.   I’d think the way to find if there is any chance is to speak with a reputable Mortgage Broker.

    There are several who post on here (their signatures tell their tale), or you might want to talk with Steve’s own recommended broker – follow the bouncing ball to talk with Chris Berry about your situation >>> http://www.PropertyInvestingFinance.com

    Benny

    Profile photo of Christopher BerryChristopher Berry
    Participant
    @chrisberry
    Join Date: 2018
    Post Count: 1

    Thanks Benny

    Hi Amelie,

    Without seeing the structure of the setup and confirming if the company that owns the properties is trading, it is a bit hard to give you some exact advice on your situation.

    If you have the income to support the lending on your own including any income received outside of this company as well as the rental income received from the properties, it would be as simple as the other person being removed as a director/beneficiary from the company and transferring everything into sole ownership in your name, including the outstanding lending. If this doesn’t service, then you may have no other choice but to sell. Everything these days, no matter how much equity or how good things look on paper is done based on incoming vs outgoing. If you cant afford it, then you cant afford it.

    Transferring things from a company name to a trust name would most likely be classified as a purchase and would incur full stamp duty also. I don’t think this is really a beneficial thing to consider, but it would be better to speak with a conveyancer just to confirm.

    There are other options that can be considered to eliminate the requirement of having to provide income, but these options are generally for people who are self-employed or at least hold an ABN.

    If you need some further advice, I do look after all finance/lending for Property Investing and am happy to have a no-obligation chat. My email is [email protected] and my contact is 0477 212 840.

    Hope this helps :)

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