For lawyers and conveyancers in New South Wales
Once a property is registered with Homes for Homes, it continues to participate even when the property is sold, facilitating a 0.1% donation of the sale price at time of sale by subsequent homeowners. This creates a long-term donation stream. Donated funds are granted to housing associations to increase the supply of social and affordable housing, providing shelter to some of Australia’s most vulnerable people.
How the legal mechanism operates in NSW
To recognise a property’s participation in Homes for Homes, Homes for Homes lodges a caveat over the land title. The caveat acts as a simple reminder to the registered proprietor, of their promise to donate 0.1% of the sale proceeds to Homes for Homes when selling their property.
When representing a seller
Step 1: Identify participating property
Step 2: Disclose Homes for Homes in contract of sale
A property participating in Homes for Homes must be disclosed as a special condition in the contract of sale. Simply download the Homes for Homes special condition for insertion in the contract.
Step 3: Request consent to Transfer of Land
As part of settlement, Homes for Homes will consent to the Transfer of Land. Written consent will be provided by Homes for Homes upon request any time prior to settlement by emailing [email protected]. Please include incoming purchaser/s details and mailing address for consent to be posted.
Consent needs to be uploaded into PEXA as part of settlement. View this help card which explains how.
Step 4: Disburse Homes for Homes donation
The caveat recognising a property’s participation in Homes for Homes will appear in the Land Titles screen in PEXA. At this point, you will need to copy the dealing number for use as a payment reference before creating the line item in the Financial Settlement Schedule.
Navigate to the Settlement tab and click Add Destination. Select Homes for Homes Donation from the Destinations Funds Details Category drop down options in the Destination Financial Line Item screen.
Settlement via Cheque
For a settlement transaction that is excluded from electronic lodgement, a cheque should be made payable to Homes for Homes Limited. Cheques should be accompanied by a covering letter containing the details of the property, proprietor, purchaser and settlement date. Cheques should be posted to:
Homes for Homes Limited
GPO Box 4911
Melbourne VIC 3001
Homes for Homes will issue a tax deductable receipt to the proprietor upon receipt of donation.
When representing a buyer
A buyer may purchase a property participating in Homes for Homes. A simple title search will let you know if it is. All participating Homes for Homes properties are easily identifiable. Homes for Homes recognises a property’s participation through registering a caveat over the land title prohibiting Transfer of Land only. The caveat will appear in the Second Schedule.
A property participating in Homes for Homes will be disclosed to the purchaser as a special condition in the contract of sale. By keeping the property registered with Homes for Homes, the purchaser is continuing the promise and joins a growing number of homeowners making a difference to help solve one of Australia biggest social issues—homelessness. When the purchaser decides to sell the property in the future, whenever that may be, 0.1% of the sale price from their sale will also be donated.
As a voluntary initiative, the proprietor on title can withdraw a participating property at any time. Homes for Homes can only act on the instructions of the proprietor, so if your client wishes to withdraw, please instruct your client to email Homes for Homes at [email protected]. Upon receipt of request, Homes for Homes will instruct our legal representative to prepare and lodge a Withdrawal of Caveat via PEXA. Homes for Homes will notify the proprietor when the property has ceased participation.
If the Withdrawal of Caveat is to be lodged as part of a settlement transaction electronically, we will confirm our legal representative acting on behalf of Homes for Homes and request you invite Homes for Homes’ legal representative into the PEXA workspace. Our legal representative will prepare and execute the Withdrawal of Caveat on behalf of Homes for Homes.
If the Withdrawal of Caveat is to be lodged as part of a settlement transaction that is excluded from electronic lodgement or circumstances that allow the Register General to waive electronic lodgement under Conveyancing Rule 8.7, a paper Withdrawal of Caveat Form will be provided to the requesting party.