Need Help Urgent - Purchased Land

Discussion in 'The Buying & Selling Process' started by D Singh, 23rd May, 2017.

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  1. D Singh

    D Singh Member

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    Hi All


    Purchased a Lot as a nominee in August Last year:

    Original buyer deposited 10K to the estate which he wanted to take back only as cash.
    I paid the amount in cash and got the land for what he bought for in Dec 15.

    He also provided me with a letter stating that I paid him 10K against the lot.

    Now my broker says that we can't use this receipt towards the deposit, which is fair.

    However the wuestion is:

    1. Do I get loan for 209K or 199K, since I technically only owe 199K to the estae?

    2. Is there a way I can get the original receipt changed to my name?

    Thanks All
     
  2. Terry_w

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

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    why urgent?

    1. this is a question for your broker.
    2. no
     
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  3. D Singh

    D Singh Member

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    Its urgent because the land is due to be titled in a couple of weeks.

    I have asked the broker and he says that the bank will provide loan on 209K. So I thought I will ask it here and someone may be able to shed some light on this.

    Anyways thanks for your inputs.
     
  4. LifesGood

    LifesGood Well-Known Member

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    One would assume that your settlement statement should show that 199k is left owing on the land.
     
  5. Terry_w

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

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    Still got plenty of time.

    If the contract was entered into more than 12 months ago they might lend based on the valuation, but otherwise I would think they will lend on the contract price.
     
  6. D Singh

    D Singh Member

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    If they lend on the contract price will I loose 10k, and the original contract was signed in December 2015?

    The estate is currently selling the same sized lot for 298K. Couple of my friends valuation was a lot higher than what they paid for H&L.
     
  7. Terry_w

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

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    They may lend based on teh value then, to a maximum of the contract price.

    Why would you lose $10k if they lent on the contract price? You would just have to put more money into it.
     
  8. D Singh

    D Singh Member

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    Thanks for you inputs. Theres alot of clarity now.
     
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