Property Law News & Blog

//Property Law News & Blog

Property Law

Selling property to foreign buyers?

By | June 28th, 2018|Categories: Property Law|

From 1 July 2018, you will find it more difficult to sell your house, land or apartment to foreign buyers.  Foreign people buying residential real estate in Queensland now pay even more duty to the Office of State Revenue (OSR) for the Queensland Government.

We have previously written about Additional Foreign Acquirer Duty (AFAD) - the additional duty paid by foreign persons when buying residential real estate.  Similar laws exists throughout Australia.

AFAD commenced on 1 October 2016, when an additional 3% of the purchase price was added to the amount of duty payable by foreign buyers.

From 1 July 2018, AFAD increases to 7%.

AFAD is an additional amount, as the foreign buyer is also required to pay the standard transfer duty which is payable by Australian citizens and permanent residents.

The Office of State Revenue has provided guidance as to how New Zealand citizens buying property will be treated in relation to AFAD.

Costs of moving up the property ladder

By | June 21st, 2018|Categories: Property Law|

It is common for homeowners to want to upgrade their home.

If you have been paying down your mortgage debt for several years and the value of your home has increased, you may want to buy a more expensive property in a better location.

If your family has increased with the addition of children, not only do you want to upgrade, but you need to upgrade to a larger home.

As some government charges for property purchases increase every financial year, this is a good time to look at the costs of selling and buying - from 1st of July 2018.

We will provide an update on the additional costs payable by foreign persons in a separate article.

Lessons from the Royal Commission

By | June 14th, 2018|Categories: Property Law|

In 2018, we have all listened with great interest to people recounting their experiences with the banking industry.

Whilst many of the encounters have had a devastating effect on the people involved, few of their stories surprise the legal  profession - and no doubt many others.

At some future time, the Royal Commission will release a detailed report containing recommendations for a raft of changes.

When reading many of these harrowing stories, a consistent factor appeared to be that legal advice was either not obtained, or if obtained - was not acted upon. 

Today's brief article is intended to give you an idea why a lawyer should often be the first person to speak with when contemplating many finance transactions. 

This article is not about someone buying their first home, or someone upgrading their home.  The emphasis of this article is very much on those people who are borrowing money secured against real estate assets to buy investments - such as real estate, shares or businesses.

Land Tax: lodge valuation objection by 8 May 2018

By | March 15th, 2018|Categories: Property Law|

This week, property owners are receiving the Annual Land Valuation Notice from the State Valuation Service.

Many people won't pay much attention to the Notice as it's only a valuation of property you own. The Notice doesn't require you to pay any money.

The problem is that the valuations are used to calculate the Land Tax that you will pay in October. And if the valuations are unreasonably high, you have to take action now. Any objection has to be lodged by 8 May 2018.

It's worth taking this issue seriously. One government agency is determining the value of your property so that another government agency can send you a bill based solely on their own assessment.

No land tax if family trust owns your home

By | March 8th, 2018|Categories: Property Law|

Earlier this week, clients sent me a Land Tax Assessment Notice for $18,000. Their family trust owns an impressive house, which they rent out.

They intend to move into the house as the family home. Bearing in mind that land tax is an annual charge, which usually increases each year - they wanted to know whether the land tax could be avoided.

Today's article provides some good news, as it explains the circumstances where Land Tax won't be payable on a family home owned by your family trust. You can enjoy the asset protection benefits of a Family Trust without paying the ever-increasing burden of annual land tax payments.

Most people own their home in their personal names & enjoy these financial benefits: ◦lower (or no) Transfer Duty ◦no Land Tax ◦no Capital Gains Tax

However, asset protection is becoming more important to many people, and they avoid owning assets in their personal names. The problem with owning your home in your family trust is that you lose these 3 major financial benefits.

Defective Goods & Unfair Contracts

By | November 16th, 2017|Categories: Property Law|

Defective Goods & Unfair Contracts

As we are approaching the peak season for consumer spending, the Australian Competition & Consumer Commission has recently been promoting awareness of your legal rights when dealing with retailers.

Today's article brings to your attention some of these public statements made by the ACCC which you need to keep in mind when making a purchase.

Moving Home: Same-day Settlements

By | November 9th, 2017|Categories: Property Law|

Moving Home: Same-day Settlements.

When you decide to move your home from your current address to a new premises, it's common to try and sell your existing home, and buy the new home at the same time - and to settle the 2 Contracts on the same day

You may have successfully bought and sold on the same day before - and if it all went smoothly, you'd think it's common-place and the normal thing to do.

Qld Contracts: Embarrassment reducing !

By | October 5th, 2017|Categories: Property Law|

We've been waiting for 25 years, but it appears that the Queensland government may finally be about to improve the embarrassingly poor quality of Contracts for the sale of real estate.

 

The Commercial and Property Law Research Centre at the Queensland University of Technology is a specialist network of researchers with a vision of reforming legal and regulatory frameworks in the commercial and property law sector. The public can make submissions regarding their report up to 10 November 2017.

The Current Situation

The current process requires a Buyer to sign a Contract without the Seller disclosing the most fundamental of information which would directly impact upon whether (i) the Buyer would want to buy the property, and, (ii) at what price the Buyer would be prepared to pay for the property.

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