Rescind from contract

Discussion in 'Accounting & Tax' started by Bellecard, 25th Jun, 2021.

Join Australia's most dynamic and respected property investment community
Tags:
  1. Bellecard

    Bellecard Member

    Joined:
    1st Mar, 2021
    Posts:
    14
    Location:
    Sydney
    Hi all,

    We’re currently in cooling off period and wanted to know if it’s possible to remove a name from the title without being charged double stamp duty. If not, are there any other fees?
     
  2. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,922
    Location:
    Australia wide
    You could rescind and enter into new contracts.
     
    Bellecard likes this.
  3. Bellecard

    Bellecard Member

    Joined:
    1st Mar, 2021
    Posts:
    14
    Location:
    Sydney
    Thanks Terry. We were thinking about that but it would mean we would have to pay the deposit again and there’s the possibility the owner then decides to sell to someone else? Is this the only viable option?
     
  4. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,922
    Location:
    Australia wide
    negotiation is the key.

    What state are you purchasing in?
     
  5. Bellecard

    Bellecard Member

    Joined:
    1st Mar, 2021
    Posts:
    14
    Location:
    Sydney
    NSW
     
  6. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,922
    Location:
    Australia wide
    is the one you want to remove a spouse?
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,224
    Location:
    Sydney or NSW or Australia

    How many does the OP have? :oops:
     
    Terry_w likes this.
  8. Bellecard

    Bellecard Member

    Joined:
    1st Mar, 2021
    Posts:
    14
    Location:
    Sydney
    Yes
     
  9. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,922
    Location:
    Australia wide
    There may be no need to change the contract in that case. The contract can be in different to the transfer at settlement
    speak to your lawyer
     

Buy Property Interstate WITHOUT Dropping $15k On Buyers Agents Each Time! Helping People Achieve PASSIVE INCOME Using Our Unique Data-Driven System, So You Can Confidently Buy Top 5% Growth & Cashflow Property, Anywhere In Australia