Nominations

When you purchase real estate, typically you will have the option to "nominate" a substitute or additional purchaser, that is, someone who will buy the property but isn't named in the contract. This buyer is called a "nominee", and they may replace the buyer, or join the buyer as a joint purchaser.

If you are the person named in the contract and you nominate another purchaser, there are some things you should be aware of:

  • As the person named in the contract, you will usually remain liable for performance of the contract, even if you nominate a substitute purchaser and you do not intend to purchase the property in your own name in any capacity. If the nominated purchaser defaults (usually by failing to provide the required funds at settlement), you may be required to complete the contract by purchasing the property. This can be particularly problematic if the reason you have nominated is because you couldn't afford to complete the contract yourself initially. This is also a really good reason why you should be careful who you nominate - make sure it's someone you trust, that you have confidence in to complete the contract.

  • You run the risk of being taxed twice. If any land development is undertaken on the property after the contract is signed but before the nomination is made, the nomination can be treated as a sub-sale and stamp duty may be charged twice. The definition of land development is quite broad and can include applying for building or planning permits (even if they're not granted), preparing a plan of subdivision, or doing anything that could increase the value of the property, among other things.

  • Some contracts have specific requirements for when and how to nominate another purchaser, and the vendor may charge additional fees for the privilege. If there is any possibility that you might want to nominate, the particular nomination clause in your contract should be reviewed prior to signing to ensure it will allow you to do what you want to do.

If at all possible, it is safer and more efficient to have the final intended purchaser named in and sign the contract, rather than risking the potential issues with a nomination.