Buying a property from our parents (in law)

Discussion in 'The Buying & Selling Process' started by Tony Flynn, 2nd Nov, 2016.

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  1. Tony Flynn

    Tony Flynn Member

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    Posted elsewhere but realised this might be a better place...........

    Hi there

    Not sure if this is the correct place, if not please direct me elsewhere :)

    My wife and I are purchasing a property from her parents. The house has a market value of $440,000.00 and they are selling it to us for $400,000.00

    Our mortgage broker has advised us that we need a solicitor to prepare:
    - A favorable purchase agreement
    - Letter stating the property will be transferred to our name
    - Transfer document

    Having contacted a local solicitor we have been quoted $1000 +GST for the above. This seems a little expensive to me. Can anyone advise if this is a fair rate and if we are likely to need any other legal services?

    Thanks

    Tony
     
  2. Terry_w

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

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    Dangerous advice from a mortgage broker.

    You should have legal and taxation advice on this. I would suggest a full contract of sale and probably market value purchase with a gift back to you of $40k

    Why would $1000 seem excessive?
     
  3. Big Will

    Big Will Well-Known Member

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    Maybe because at $20 p/h that is 50 hours worth of work :p.

    To the OP if you feel it is excessive go get another 2 quotes.
     
  4. Marg4000

    Marg4000 Well-Known Member

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    So you have a qualified solicitor who works for $20 an hour ??
    Marg
     
  5. Big Will

    Big Will Well-Known Member

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    Nope, I was having a dig at it the thread, hence the :p face and replying to Terry who is a Solicitor.

    Someone is not going to spend all those years of studying, insurance, leases, continual learning all for $20 p/h. Better off just getting a job at Maccas for this return and no have all that risk and effort.

    My other comment of go get more quotes if you believe it is unreasonable is to actually help the OP as they think they maybe getting ripped off.
     
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  6. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    For a related party transfer:
    1. You will need a valuation or a CMA for transfer duty purposes and will pay duty on market price.
    2. The inlaws should get taxation advice unless it was solely PPOR
     
    Perthguy likes this.
  7. Stoffo

    Stoffo Well-Known Member

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    Yep, Govco are going to want as much as possible
    Not "just" the actual sale price revenue/fee's :confused: