Legal QnA - Property Investment Q&A

    • What are the legal implications of selling to family members? My wife is a real estate agent, so she has a fairly good understanding of what’s involved, but we’re not sure if we should transfer the title or complete a normal contract. Is there any way to avoid excessive fees and charges, stamp duty, capital gains, etc? read more

    • Question: My husband and I recently signed a contract of sale for a property passed in at auction that was subject to building and pest inspection. When we signed the contract we understood that there was no cooling off period, and we noted that the contract included a clause saying that the contract could only be ended if the building and pest inspection found 'major structural defects'. read more

    • Question: I plan to buy my first property in Melbourne soon. I will live in this property for a minimum of six months, renovate it, and rent it out as an investment property. I’ve heard that borrowing via trust structures can be useful: What are the main pros and cons to using a discretionary family trust structure? read more

    • My husband and I are considering buying a property through auction but are a bit nervous. How seriously should we take things said by the auctioneer or agent at the auction? Are their words binding, even if they differ from what’s in the contract? read more

    • I’m 39 years old and own a four-bedroom property on Oxford Street, Sydney, that I wish to sell. The property is currently leased for less than its market value as a share house, though the lease is a fixed-term agreement with one tenant. read more

    • I’m 28 years old with a property portfolio worth just over $4m. My question relates to raising the issue of a prenuptial agreement with an existing partner. I’ve heard of relationship break-ups where either party, out of anger or revenge, has fought the other party for as much of the assets as possible. I can only imagine the pain and suffering these people have gone through. Although I’m currently not in a relationship, I am quite mindful about protecting what I have worked very hard for. read more