Borrowing through a property unit trust

Discussion in 'Loans & Mortgage Brokers' started by samsoft24, 30th Oct, 2017.

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  1. samsoft24

    samsoft24 Member

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    Hello Friends,

    Getting into a JV with around 5 investors for a potential property development.

    Can someone please suggest a way to borrow through a property unit trust?

    Talking about $1.2mil for a potential land acquisition and looking to put in 20% deposit, how do we go about borrowing the remaining 80%

    Thanks in advance
    Sameer
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

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    It'll be really tricky to get finance for 5 borrowers. Have you bought / invested in anything together before?
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Probably not a good idea. Have you had legal advice?

    How the borrowings happen would depend on the structure is set up and the individual's circumstances.
     
  4. samsoft24

    samsoft24 Member

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    Understand!!, 2 investors are cash rich and have no issue in borrowing whereas 3 are maxed out on their loans. We could potentially set them as the initial borrowers and transfer units once the project is funded.
     
  5. samsoft24

    samsoft24 Member

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    No, we haven't bought together before, Other investment I made through property unit trust was to pay it all in cash, no bank involved.
     
  6. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    An increasingly common question

    Exit Strategy solid?

    No diff than mum and dad doing a UT, other than the complexity which multiplies,not adds with anything above 2

    Joint and several liability may be a challenge until exit.
    ta
    rolf
     
  7. Ross Forrester

    Ross Forrester Well-Known Member

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    You have a tonne of issues here to consider.

    If you do a unit trust the profits of the unit trust are payable to unit holders. This might not be a great result if you are still selling off the apartments and looking to reduce debt before returning profits to the investors.

    I have come across new clients where the business is hamstrung because one recalcitrant investor insists on 100% of the profits payable to them is paid immediately.

    You could consider having a unit holder agreement where the unit holders will require a lengthy amount of notice to give the unit trust to call in the loan - but that is just one example of smart business thinking into such an agreement.
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I think it is more than a unit holder agreement that is needed, but a rethink of the structure - it may be heading in the right direction, but there could be better ways to do it.