Legal Advice

SMSF Property Loans

Sunshine Coast | Brisbane | Queensland | Australia wide

Queensland Legal offers tailored legal advice for SMSF loan members, ensuring they understand the intricacies and obligations involved in being a guarantor. This service, vital for SMSF trustees purchasing investment properties, is facilitated with modern conveniences like electronic signing and remote witnessing and provided Australia wide. Aimed at nationwide clients, Queensland Legal simplifies the process, offering fixed fee and fast turnarounds.

We now provide this service Australia Wide remotely and by videoconference, and exclusively through ILA Australia,.

It is the same great service but with updated processes and faster turnaround times.

A Self-Managed Super Fund, or SMSF, is a private superannuation fund that allows you to manage your own superannuation investments for your retirement.

A SMSF loan is a loan used by an SMSF Trustee to purchase an investment property. The returns on the investment are then funnelled back into the super fund for your retirement.

Self-Managed Super Funds are highly regulated, and borrowing for them is not straightforward. The main difference to traditional borrowing is the lenders ‘limited recourse‘ to the underlying asset itself.

Because of the nature of super fund loans, each SMSF Member must usually personally guarantee the borrowing for the SMSF Trustee.

As such, the SMSF Members must see a lawyer to obtain legal advice (as personal guarantors) on the effect of these SMSF mortgages and the risks involved.

Thankfully, Queensland has now passed legislation that allows for Deeds to be signed electronically and without a witness. Further, when a witness is needed, legislation was passed allowing a solicitor to witness a signature remotely. So, subject to the lenders approval, we can now offer this service to SMSF Members Queensland wide.