http://www.businessspectator.com.au/The great retirement rort
Alan Kohler
Industries
Financial Services
If the government is looking for a way to redeem itself in the eyes of the nation’s ripped-off retirees after the CBA financial planning fiasco and its pro-bank FoFA amendments, I have just the answer: the scandal that is retirement villages.
The way most of these things operate is as crooked as bank-owned financial planning and property spruiking. In fact retirement villages and aged care accommodation are the progeny of the worst of both.
Australians get creamed by the financial advice and wealth management industry while they are saving for retirement and then get scalped when they get there.
And by the way, this is a financial industry not controlled by the banks, so the government can be tough on it without upsetting its banking friends, who persuaded them to amend the Future of Financial Advice laws.
Tony Abbott and Mathias Cormann need to step in and clean up retirement accommodation, and what heroes they would be if they did it: their supine performance over the CBA and bank financial planning generally might even be forgotten.
(Bolding is mine.)There are a variety of deferred fee schemes contained in retirement village contracts and they all rely on the fact that when an elderly couple signs it, they tend not to pay much attention to what might happen to the assets when they die.
They usually don’t get legal advice and don’t really understand that the village owner, typically a property development company, will get a “deferred fee” of more than $100,000 when it’s time to move on to the next phase of life, or death.
As a result of major concerns I undertook an extensive review of this issue in late 2006 at my cost for no personal gain. No one was particularly interested. Below is a broad summary of my findings:
• All the elements of a combined property development and retirement village transaction are complex and based on legislation which appears to provide a loophole for developers to exploit.
• The risks in such transactions are significant. The law provides an inadequate level of regulation and disclosure on privately owned companies to protect the interests of people who are involved in the decision making process approving these villages and more particularly protecting the financial interests of people who genuinely wish to reside in them.
• In drawing comparisons with the financial services and property sectors, the Act, Regulation and Policy provides an inadequate level of consumer protection for those investing in retirement villages compared to protection required by other financial and property contracts governed by Commonwealth and NSW State legislation.
• The level of regulation, standards of governance, disclosure and financial protection provided to investors in retirement villages through the Act and Regulation are weak.
• The financial structure of retirement village investments is heavily weighted in favour of the developer or village operator and the potential for loss of investor capital is significant when compared to other residential property investments.
• The requirement for effective and affordable retirement living is an accepted requirement in our society, but existing government legislation, regulation and policy fails to meet the needs of people in this position. Risks to investors are not acceptably managed and controlled.
I am delighted that someone like Alan Kohler is now picking up the cause for the thousands of people who are being “ripped-off” by unscrupulous behaviours and major loopholes in current legislation.
The Federal Court finding five former directors of Australian Property Custodian Holdings Ltd as liable for breaching their duties as officers of the company. The company was the responsible entity of the Prime Retirement and Aged Care Property Trust (Prime Trust), a management investment scheme with retirement villages in New South Wales, Queensland and Victoria. Collapsing in 2010, the company owed investors $550 million.
The Book
Nov 30, 2011 Posted Under:
If you or a member of your family are thinking about buying a retirement home, then this book is the essential guide you need to assist with your research and negotiate your purchase.
Around half of all retirement communities in Australia are now owned by large property companies, developers and investment banks. They spend millions of dollars on lawyers and tax advisers to draft purchase contracts that are designed for one thing only – to increase their profit.
Yes, indeed, or potentially for your family or other beneficiary if you die there. That's why to go to such a village is a huge decision. Not like buying a house in the community then finding you don't like the neighbourhood, when you can simply sell via market forces.I'm sure there are many good points to Retirement Villages. The issue comes if/when you want to leave.
Yep, no wonder it's such a growth industry.The very complex agreements ensure that the developer makes a very good return from each turnover. The seller pays for refurbishment, other costs and leaves a substantial amount of equity behind. In fact retirement villages don't want people to stay too long. The best value for the industry is rotating people after 7-10 years
And some people will be way more depressed in a nursing home than enjoying their own company.Over the last couple of years concern has been growing that many of the people who are supported in their own homes are suffering because they become isolated and depressed. This might suggest that there'll be a policy swing back to encouraging the elderly to move into places where contact with other people is easier.
My father only died about 6 years ago.FWIW, nursing homes today are not - or at least not all - like the homes of 30 years ago,
I consider myself fortunate in not having been faced with this regrettable situation.Having started this thread two years ago and being pleased that I had an elderly mother who was fine on her own, I sadly now am in the process of arranging residential aged care for her. It has been suggested to her family that engaging an aged care broker might see a vacancy appear sooner than simply lodging an application directly. I have already done the required paperwork and received Centrelink's income and assets assessment. An ACAT assessment has been done. We've looked at several places and there are really only one or two that we're interested in, so I'm wondering if a broker would be of much value to us? When I put this question to a couple of brokers the response I got was along the lines that a vacancy might be obtained faster by them due to their contacts and the fact that aged care facilities give preference to brokers due to their repeat business. Seems almost like extortion, but if it will result in a shorter wait then I'm prepared to pay. Does anyone have experience in this area??
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