off-plan property purchase:- letter of offer and contract ammendments

Hi,

I am looking to purchase a property off-the plan that will be settling in 12 months.

1. I was thinking of signing the contract in my name only. However, can I sign the contract in a way where I have the flexibility for another family member to purchase and settle the property at settlement if I choose not to?

2. Can I sign my name and the other persons name now on the contract and then insert a clause to allow one of us to be removed from the contract before settlement without stamp duty costs for that person? How could I word such a clause and who will insert this clause in the contract?

3. If I purchase in 2 names but the other person is not able to purchase in person can I sign on their behalf?

4. If I purchased the property and at month 6 I decided that I could settle the property but I needed to sell the property immediately due to an unrelated crisis. Can I organise to sell the property before my settlement on the purchase of the property. And if I found a buyer at month 9, can I organise to settle my sale on the same day as my settlement to purchase the property?

5. If I enter the contract to purchase and I know that I have the capacity to settle in 12 months but I have not yet decided on which financier I would like to use. What would I have to write in the contract in the area where it requests a financiers name? What is the latest stage at which I can choose a financier within the 12 month period and who and how do I notify about this selection?Also, when I do decide does the contract require a level of financial approval?

6. I am looking to purchase with a personal cheque for deposit. However, I would like to be able to replace this cheque with a deposit bond. Any ideas on how I could word such a clause. Is this clause written in or modified into the contract? Also, who does it the agent or my Solicitor?

I would appreciate any feedback

thankyou
 
Hi Jerry

Depending on where the property is adding "or nominee" to the contract well let you flip duty free in some states. CGT is something else to consider. Use the deposit bond upfront not your own money ;) I have so far had the agent do the contract with apropriate clauses inserted then taken that to my Solisitor to look at before the cooling off period is over.

bundy
 
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