BUYING PROPERTY IN PARTNERSHIP

Discussion in 'Legal Issues' started by Santosh, 17th May, 2017.

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  1. Santosh

    Santosh Member

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    Hi
    I am in VIc. One of my fren from interstate suggested to buy property in partnership, and selling around in a year. I don't have affordibility but have cash. We will share cash 50/50 and 50%partnership. How this will work legally as bank loan and title will be in his name. Thanks in advance.
     
  2. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    Seek legal advice as to a JV agreement

    ta

    rolf
     
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  3. Terry_w

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

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    Many ways to structure somethign like this. JV, loan, partnership, joint ownership, partnership of trusts, company or unit trust etc.
     
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  4. Greyghost

    Greyghost Well-Known Member

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    This is not a partnership if both title and loan are in his name..,
     
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  5. thesuperman

    thesuperman Well-Known Member

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    Do a JV, the OP kicks in the deposit and the friend goes on title and takes out the loan.

    Personally I would be more worried about making any money (or potentially being in negative) in one year's time if selling the property then.
     
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  6. Santosh

    Santosh Member

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    Thanks. How can I do JV?
     
  7. Santosh

    Santosh Member

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    Thanks Terry. Is it possible to let me know how much will you charge for preparing a JV? How can I contact you?
     
  8. Terry_w

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

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    Depends
    What do you mean by "JV"?
    You can contact me via email.
     
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  9. Santosh

    Santosh Member

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  10. Santosh

    Santosh Member

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    JV means joint venture. Email sent.
     
  11. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Technically property cant be acquired by a partnership. A partnership is not a legal entity. The partners can each own a TIC interest in property USED in a partnership. Of course they can then be jointly and severally liable with no simple legal recourse to each other. If one person is a owner then its NOT a partnership. However it could be....One party would contribute all the real assets and the other may contribute the build. Only one is the legal owner prior to completion and sale.

    A joint venture may or may not be a legal entity. It could just be a relationship eg partnership, trust etc. The requirements of all the parties and the proposed venture, borrowing, profit share etc all require legal advice. Loads of issues to explore.
     
  12. Terry_w

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

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    Lol.
    I don't what the letters stand for but wanted to know is what you mean when you say JV.

    It is like going into a restaurant and asking for the price of a meal - depends on the dish, size et.c
     

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