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174 | Stop! Don’t sign the contract until you’ve listened to THIS! – Chat about Strata, Body Corporates & Legal Stuff with Tim Graham

Folks, it’s a SERIOUS episode today… jam-packed with nothing but serious GOLD!! (Please no contract-signing until you’ve swallowed this stuff first.)

Why? Today we’ve got Tim Graham, Partner at HWL Ebsworth Lawyers, to discuss all things Real Estate Law … especially Strata!!

Strata? What do we mean? Think Off the Plan. Subdivision. Owner Corporate (Body Corporate). Townhouse. Apartment. Unit.

 

Yep. Tim practices exclusively in the areas of strata and subdivision law, Owners Corporation and dispute resolution with almost 20 years of experience! He’s the President of the Australian College of Community Association Lawyers (ACCAL), a Fellow of the College, named in Best Lawyers™ Australia for Real Property Law and has been recognised in Doyle’s Guide as a Leading Property and Real Estate Lawyer. He is also a Council Member of Strata Communities Australia. It’s enough to make your jaw drop, especially when you think about his know-how when it comes to domestic and commercial construction law, contractual advice and building defects claims, insurance reviews, repair & maintenance and Water Act cases in the VCAT and the Courts (and then some)!

Basically, Tim’s a heavy hitter who absolutely knows his stuff (Which’s exactly what you want from someone dealing with the “the fourth form of government”).

Quick heads up, folks: You might need to put this one back to 1 speed because there is some GOLDEN but TECHNICAL tips flying around. At the end of the day though, it’s crucial you know this stuff (why spend hundreds of thousands of dollars only to throw more money at a legal dispute?!)

 

Sensible disclaimer: Folks, the gold you’re about to hear is general advice only. So, please DON’T do anything rash, make sure you seek professional advice before making any legal or property investment decision!

 

Your dot point debrief….

 

We’ve also threw in a few Case Studies for Tim to comment on as well:

  • What can you do if someone’s having loud parties on your block?
  • Who’s responsible for cleaning the outside windows?
  • Can you erect a pergola in the backyard of my townhouse?
  • The visitor carpark is always empty, can I use it?
  • What if the complex has a pool and you don’t use it … do you still have to pay?

 

Pheww! What an episode, huh??

And a quick shout out to our previous guest, Nicole Faid, for sending the legendary Tim our way! (You can suss out her episode after: How to Avoid the 7 Costly Mistakes when Buying a Property – Chat with Nicole Faid)

 

P.S. Folks, don’t forget…
Send us your Money Hacks

Let us know if The Money SMARTS System has worked for you!
Tell us what SPENDING HABIT YOUR MOST STRUGGLING WITH

… basically, fill us in on what will help you most & we’ll include it in our new book 😉 [email protected]

 

 

056 | Q&A – Exiting a contract, crowdfunding, what’s the impact of global events on Australia Property Market and more

It’s Q&A time! This week on The Property Couch, Bryce Holdaway and Ben Kingsley will be answering the questions below from our fellow listeners. Thanks again for submitting your questions!

  • Exiting a contract question from Alex: Hi, Just looking for some advice as the more I listen to the podcast (and read your book), the more I think my first IP buy could be better. I’m currently on a defacto visa so can’t buy anything but new properties which led me to an off the plan development in Brisbane. While its marketed very well and made out to be a great buy, it goes against all you talk about- high rise, buying through a unqualified salesman, no room to improve, rental guarantee, and high strata. At the time it looked good but the more I understand what makes a good investment, the more I think I could do with the $40k deposit I put down. My question is, is there any way out of the contract that won’t cost me? It’s not due to be built for another 2 years so wondering if I could ask the developer to renege on the contract without penalty or even onsell it for cost price. I’ve started putting away some cash every week just in case it comes in undervalue but would rather not be in the position of ‘hoping’ this doesn’t happen. Would appreciate any advice to help!
  • Crowdfunding questions from Carol: I have heard people talking about “crowdfunding” being the next property investment strategy. What is “crowdfunding” and how will it work?
  • Ownership questions from Rob: What property ownership structure should investors use when buying an investment property? Individual, trust, company etc. Is there a need to balance tax advantages with long term asset protection on this issue?
  • Global events question from Cookie: I have an economy/finance related question and would like to hear your discussion on it. As we step into 2017, the market has been flooded with negative sentiment news. Lots of countries are under the water as oil and other commodity price plummet. China economy slowdown and share and currency tumbled. In the middle-east you have ISIS terrorist and European country have migration crisis. The central federal government around the world response to the crisis with more and more quantitative easing money printing. I feel like 2008 all over again and this time the crisis is on a global scale.The question I want to raise here is what will happen to the property market and banking policies if the crisis come in the near future? Few friend of mine thinking that the property price will go down like during the great depression. Am I best to wait until the crisis come and then purchase undervalued asset? But if there is a crisis and bank run, will interest rate raise to double digit and banks tighten the lending? What happen to my home loan if there is a bank fail? European central bank is doing negative interest rate already, will Australia heading to this direction one day? How should I position myself now so to be prepare for the day to come?
  • Case study question from Chris: Brief Bio – 33 yrs old. married with one child, live in Sydney, workfull time. have three properties. two in Townsville (both rented) building one in Melbourne currently. Currently renting in Sydney as units where we want to live sell for $800 k to $1 million. However we can rent and invest. We put all our money into our offset and pay out the credit card at the end of statement period. We also have a full functioningPAYG withholding variation in place.
    • Question 1 – with the house I am building in Melbourne. Will I ever be able to claim back the GST I have paid in the build contract?
    • Question 2 – With one of my properties in Townsville I am concerned that our body corporate fees are way to high. We pay over $5k pa for fees. No lift, no pool in complex and it is a three story masonry construct building. How do I compare if this is the going rate in our market?

 

References:

 

If you like this Q&A episode (Exiting a contract, crowdfunding, what’s the impact of global events on Australia Property Market and more), don’t forget to rate us at our iTunes channel (The Property Couch Podcast) and our Facebook page. Any questions or ideas? Feel free to drop us your thoughts here: http://tpcaustralia.wpengine.com/topics/

039 | Post-Purchase Process for Investment Properties

As mentioned before, getting the right strategy and perfecting the art of asset selection is crucial to any property investors. But what happens once the contract is signed? This time on The Property Couch, Bryce Holdaway and Ben Kingsley talks about the post-purchase process when buying an investment property.

Bryce started off the podcast with an analogy. Imagine you on board a plane and it’s about to depart. When a plane takes off, from the moment it leaves the tarmac to the point it levels out at 30,000 feet, that’s when it uses most of its fuel. That’s the same with property investors. They use most of their mental fuel when they are going to buy the property but once the deal is done, most often forget that they still have the rest of the journey to complete.

 

Looking to donate to Ben’s Movember? – Click here

 

Free resources mentioned in this podcast:

Property manager checklist – Download here

 

If you like this episode, don’t forget to rate us at our iTunes channel (The Property Couch Podcast) and our Facebook page. Any questions or ideas? Feel free to drop us your thoughts here: http://tpcaustralia.wpengine.com/topics/

Video series: Auction Tips (Part 2)

 

In Episode 27 of this podcast, Bryce and Ben share some of their tips for buying at auction in Australia. This is the second part of the Auction Tips video series.

 

Bryce Holdaway - Quote of the Day - The Property CouchBryce Holdaway – Partner, Property Advisor & Buyers Agent

As co-host of The Property Couch, Bryce Holdaway is also a partner at Empower Wealth and Co-Host of Relocation Relocation Australia and Location Location Location Australia on Foxtel’s Lifestyle Channel. A qualified Buyers Agent and Financial Planner, Bryce holds a Bachelor of Commerce (Accounting), Real Estate Agent License and Diploma in Financial Services (Financial Planning).

 

When to Conduct a Building and Pest Inspection?

 

In Episode 22 of this podcast, Bryce and Ben answers some of our listeners’ questions. One of the question is on Building and Pest Inspection; when do you conduct one and how do you make sure you don’t spend all your deposits on these inspections without actually securing the property. At the end of the day, we believe that it is mandatory to have a building and pest inspection done before you sign on the dotted lines because you don’t want to be buying the wrong asset. But the key thing here is to time it well. Bryce Holdaway explains more.

 

 

Bryce Holdaway - Quote of the Day - The Property CouchBryce Holdaway – Partner, Property Advisor & Buyers Agent

As co-host of The Property Couch, Bryce Holdaway is also a partner at Empower Wealth and Co-Host of Relocation Relocation Australia and Location Location Location Australia on Foxtel’s Lifestyle Channel. A qualified Buyers Agent and Financial Planner, Bryce holds a Bachelor of Commerce (Accounting), Real Estate Agent License and Diploma in Financial Services (Financial Planning).

 

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