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Property Option Contracts - Mentor Wanted

Discussion in 'Innovative Techniques' started by Anthony Jovceski, 21st Aug, 2016.

  1. Anthony Jovceski

    Anthony Jovceski New Member

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    21st Aug, 2016
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    Location:
    Newcastle NSW
    Hi All,

    I'm new to Property Chat and I can already see why this site is recommended by some of the best in the business. As a brief introduction, I currently work as a Site Engineer for one of Australia's largest builders. On the side I also run a property development company called Auden Property Group.

    In recent years, I have spoken to a number of developers on the widely used Option contracts used to acquire their next site. All our previous sites have been acquired the traditional way and now we're keen to use more innovative techniques.

    I'm looking at expanding my knowledge on Options but publications and books on the topic seem hard to come by. If anyone can recommend any books or the like would be appreciated...

    I'd also appreciate if anyone can recommend people in the industry who currently use Options and would be willing to act as a mentor. At the moment, I'm based on a project in Maitland NSW but more than capable of traveling to meet up over a coffee and hopefully create a long lasting business relationship in the process.

    I look forward to reading your responses.

    Regards,
    Anthony J
    0423 153 466
     
    Justin23 likes this.
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    You should start reading legal publications. There are many academic style articles out there.
     
  3. thatbum

    thatbum Well-Known Member

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    If you've had success previously using the "traditional way", I'm wondering why you feel like you need to investigate the use of options?
     
  4. JDM

    JDM Well-Known Member

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    I don't think the topic is really broad enough to require a book. The general rundown is:

    Types of options

    Call Option Agreement - You have an option to purchase the property (no obligation to purchase)
    Put and Call Option Agreement - You have an option to purchase the property and if you choose not to, the seller can then exercise their option to make you buy the property.

    Option fees

    A Call Option Agreement would usually have a high call option fee which is the money you pay for the right to have an option to purchase. A Put and Call Option Agreement would usually have a nominal call option fee and a nominal put option fee ($1 or a peppercorn).

    It is not uncommon for a further call option fee to be payable once the option agreement goes unconditional (usually upon satisfaction of due diligence and development approval).

    Conditions

    The usual conditions to acquire a development site would be due diligence and development approval. It depends on the size of the project but the due diligence period usually runs anywhere from 14 days to 2 or 3 months. The development approval period would usually run anywhere from 6 to 12 months and can vary outside of this depending on the size of a project.

    Dates

    The call option period is a commercial agreement but usually runs anywhere from 3-12 months after the development approval date. This is the date by which you have to give notice to exercise the call option otherwise your right to buy the property lapses. Some people might get their DA and exercise the call option straight away while other will wait until the last day to exercise.

    The put option period is usually short (7-14 days is not uncommon).

    Why use an option

    Some of the benefits of an option agreement:
    1. you get the chance to acquire the development approval before you have holding costs
    2. if it's a call option only, you can elect not to exercise your option and walk away if you don't get the DA you hoped for
    3. in Queensland, you can nominate another buyer to purchase the property without paying transfer duty twice
    4. you can on-sell the property without ever settling on it (ie get the development approval, on-sell at an increased cost and then exercise the call option in the name of the new buyer while you pocket the uplift)
    I'm happy to answer any questions you might have about options but this is the general rundown of how they work in practice. Also feel free to reach out when you're considering your next site and we can discuss what might work for you in more depth for that site and what you're trying to achieve.
     
  5. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Years ago i purchased an aussie book on lease options. I lent it to someone who never gave it back.It was privately published so would be hard to find.
     
  6. Daniel Taborsky

    Daniel Taborsky Well-Known Member Premium Member

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    @JDM what is the commercial benefit of a put and call option as opposed to just entering into a contract of sale? I know put & calls have been used to defer stamp duty and to allow the nomination of different transferees without incurring double duty but are there other commercial benefits beyond these stamp duty benefits? Some of States have legislated to treat put & calls as agreements to transfer which negates the stamp duty benefits.
     
  7. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    I think stamp duty savings on transfer in qld
     
  8. JDM

    JDM Well-Known Member

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    Main reasons are:

    1. Delayed payment of transfer duty (in Queensland at least - not sure on other States)
    2. Chance to on-sell without having the funds required to settle
    3. Can nominate another buyer without duty in some States (a lot of people think this is only beneficial when on-selling but it is really common to enter the option in one entity and then nominate to another related entity once the correct structure has been worked out and appropriate companies/trusts created)
     
  9. CU@THETOP

    CU@THETOP Well-Known Member

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    Lent it to a lawyer? Bloody typical!!

    OP- get a NSW lawyer who does property- like Terry W.
    A highly technical area of law.
    Commonly used by "gurus" (sarcasm emoticon) like Mark Rolton to stitch up those with lawyers of less ability.