Selling Real Estate 'As Is': Guide For Investors

What are the benefits of selling real estate “as-is”?

If you’re a real estate investor, you need to know what “as-is,” means. Having an “as-is” clause in a real estate contract could potentially save you from many litigation issues down the line. What are the benefits of this type of real estate deal? What are the drawbacks?

In this article, we’ll go over all of that and more, including:

selling real estate as is buster keatonWhat Does It Mean When a Property is Sold As-Is?

If you’ve ever shopped for homes online, chances are you’ve run into a property description that included the phrase “as-is.” Chances are that the house was significantly cheaper than the other houses in the area. Why is that? What does it mean when the owner is selling the property “as-is?”

Selling real estate "as-is" means that it’s being sold in its present condition, without any stipulations that the seller fix this or that. It doesn’t matter if the roof is caving in and the water isn’t running. As long as the seller follows the disclosure laws in his or her respective state, he or she doesn’t have to make any repairs to the home to get it in livable condition. It comes exactly as you see it, or “as-is.”

Here are some quick things you should know about buying and selling real estate as-is:

How does that differ from the traditional real estate sales process?

selling real estate as is old house

Selling Real Estate The Usual Way Goes Like This ...

Many traditional real estate contracts include inspection and appraisal contingencies. Since the deal isn’t 100% in cash, the bank wants to make sure it’s granting a loan on a reasonable investment. These contingencies can also give the buyer the right to back out of the contract if something unexpected pops up, or if the appraiser comes in at a value that’s higher than the sale price.

The biggest differences between selling real estate as-is and selling real estate on the retail market are:

Now that you have a general overview of what that means, let’s dive into who buys and sells these types of properties.

selling real estate as isWhy Would You Sell a House or Rental Property As-Is?

There are plenty of reasons why someone would sell a house or rental property as-is, but they all have one common denominator: they aren’t willing (and/or able) to make repairs to the property before closing.

With that said, here are some common reasons people sell properties as-is:

So, whether it’s through neglect, inheritance from a loved one, or some other reason, the seller doesn’t have the time, interest, or money to fix it up and list it to people who are looking to move in immediately.

Pros and Cons of Selling Real Estate As-Is

Let’s look at the pros and cons of selling real estate as-is.

Pros

Cons

What You Need to Know if You’re Buying or Selling Real Estate As-Is

If you’re an investor, what are the big takeaways from this article? If you’re selling real estate as-is, then you can avoid a slew of potential litigation issues, particularly in the case of rental property, and you can close deals at a much quicker pace. However, in exchange, you’re sacrificing a higher sales price. Houses that are sold in a more traditional manner might have more fees, but they also typically sell at higher prices.

 

 

 

 

 

 

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What Is A Bump Clause In Real Estate?

When you are selling real estate, you want to get the best possible price. 

Duh.

In a red-hot seller’s market, that’s usually not a problem. But what about when the market starts to cool down?

A bump clause is a way a seller can continue to market a property until the buyer satisfies a specific contingency, such as selling their current house first. With this type of transaction, a seller can “bump” the original buyer if a better offer comes in.

In this article, we’ll examine how a bump clause works and its advantages for both buyers and sellers.

bump clause mario

How a Bump Clause Works

Unless it is their first home, most buyers need to sell their current home before purchasing a new one. In these cases, the buyer makes an offer with a contingency that they sell the other home first.

If the seller accepts the bid and enters into a contract without a bump clause, the seller has to take the home off the market. No other bids will be accepted during the contingency period. A typical contingency period typically lasts between 30 and 60 days.

With a bump clause, however, the home remains on the market. If another buyer makes a better offer, the seller must notify the original buyer. Then that buyer has only a few days to waive their contingency or increase their offer.

Otherwise, the original contract becomes void. The seller returns the earnest money to the original buyer and proceeds with the new offer.

bump clause in real estateWhat’s the best timing for a bump clause?

In a hot real estate market, homes often sell without contingencies. For example, in the pandemic-fueled housing market of 2020 and 2021, many homes across the country sold above their asking prices with no contingencies other than the home inspection.

However, hot markets eventually start to cool down. Bump clauses allow sellers to accept an offer that may be below their expectations along with a way out if a better deal comes along.

On the other hand, a buyer can present an offer with bump clauses as a way to encourage a seller to accept a bid with a contingency.

Typically there are two different time frames for real estate bump clauses: the 72-hour bump clause and the 48-hour bump clause. Sellers and their agents use the set time periods as a negotiating tool to encourage buyers to act quickly.

The 72-hour bump clause. With this clause, the seller will keep the property on the market, providing the original buyer with a 72-hour first-right-of-refusal notice if a better offer comes in.

The 48-hour bump clause. This clause allows the original buyer a period of 48 hours to waive the contingency or increase their bid on the property.

If the buyer does not meet the time frame stated on the contract, the seller is free to move on to a second offer.

Interested in learning more? Check out our article Real Estate Contingency Clause Examples: How Buyers Avoid Getting Burned.

bump clause two guys fistbumping

Other bump clause terminology you need to know

Here are some other terms you need to know when dealing with bump clauses in real estate transactions.

The no-bump bump offer -- A no-bump contract is just like it sounds. If the seller accepts an agreement with this wording, they cannot back out if a better offer comes along. The seller must take the home off the market and proceed with the sale.

The active offer with bump – This wording on a property listing means that the seller has accepted an offer and has the right to accept another offer.

CTG – You also might see the abbreviation “CTG” for “Contingent” in a property listing. This status means that the property is on the market until the seller learns that buyer has either waived or satisfied a contingency.

Advantages of bump clauses for sellers

Many real estate experts describe a bump clause as a kind of security blanket for home sellers. The main advantage of a bump clause is that it allows a seller to continue listing the home throughout the contingency period. The seller may get a cash offer or one without any contingencies.

However, in a cooling housing market, a better bid may not materialize. So, a bump clause protects the seller from losing out on a perfectly good offer. 

Advantages of bump clauses for buyers

Most home buyers cannot secure financing for a second home prior to selling their current one. But waiting to shop for a new home until your current one sells can be awkward at best. The bump clause is a good solution in a cool seller’s market.

Also, a bump clause may help convince a seller with an unrealistic home listing price to accept a reasonable offer.

Are there any downsides to bump clauses?

Sellers with bump clauses should be careful about jumping into a second “better” offer. After all, bigger isn’t always better. Ensure that the second buyer has good credit and mortgage pre-approval, or else you could be bumping a solid buyer for a less-qualified one.

Another potential problem is that some qualified buyers will stay away from contracts with bump clauses. They may prefer not to take the risk of getting bumped when their current home is about to sell.

It’s always a good idea to evaluate your local real estate market, weighing the pros and cons carefully before including a bump clause.

 

 

 

Photo by Andrey Storn on Unsplash

 

How Are Canadians Taxed If They Invest Or Do Business in The United States?

A growing number of Canadians are getting into the U.S. real estate investment game.

According to the National Association of Realtors, Canadian buyers spent $9.5 billion on U.S. residential property purchases during the 12-month period between April 2019 and March 2020. This means that Canada only trails China in the worldwide rankings of foreign investments in U.S. real estate by country.

As more and more Canadians look to acquire U.S. properties, investors must keep in mind the tax implications of purchasing real estate in one country while living in another.

In this article, we’ll explain the ins and outs of how Canadians are taxed if they invest or do business in the States and how you can avoid double taxation. 

How Are Canadians Taxed If They Invest Or Do Business in The United States?

If You’re Canadian, Don’t Use A U.S. LLC

We usually recommend that our clients in the States use a Limited Liability Company (LLC) to manage their real estate investments. Not only do LLCs protect investors from personal liability, but they also offer tax advantages compared to a corporation, allowing owners to avoid double taxation on their business’ profits. 

Under U.S. law, corporations are taxed on their profits, and then employees and shareholders are taxed personally on the income they receive from the business. This means that every dollar the business makes is taxed twice. With LLCs, the business is not taxed separately. Instead, all of the business’s profits are reported as individual income of the LLC’s owners. This is known as pass-through or flow-through taxation.

Unfortunately, both single and multi-member U.S. LLCs are recognized as foreign corporations under Canadian tax law. So, if a Canadian invests through a U.S. LLC, the LLC distributions would be considered foreign income that is not subject to a Canadian dividend tax credit or a foreign tax credit. Rather, LLC income will be subjected to double taxation, eliminating the benefits of pass-through taxation that make LLCs ideal for investors in the states. 

U.S. LLLPs And LLPs Are No Longer The Go-To

For this reason, Canadian investors had traditionally relied on U.S. limited liability limited partnerships (LLLPs) and U.S. limited liability partnerships (LLPs) when investing in the States. Historically, these structures had been viewed as partnerships for Canadian tax purposes and therefore allowed investors to avoid double taxation.

However, in 2016, the Canada Revenue Agency (CRA) announced that going forward, U.S. LLLPs and LLPs would be classified as corporations rather than partnerships. This may mean double taxation for Canadian investors who manage their U.S. investments through LLLPs or LLPs. 

Limited Partnerships Are The Way To Go

Now that LLLPs and LLPs are treated as corporations, the ideal structure for Canadian investors is a U.S. Limited Partnership (LP) structure. Similar to how LLCs work for American investors, LP income is not taxed at the corporate level; it’s passed through and reported on its owners’ personal income tax returns.

Plus, LPs offer Canadian limited partners comparable personal liability protections to LLCs without the double taxation that comes with investing in a U.S. LLC. It’s a win-win!

Avoiding Double Taxation

As you can see, intercountry taxation issues can be messy and complicated. In order to enjoy the tax advantages available through U.S. LPs, Canadians must ensure that the required documentation is drafted and filed correctly. Mistakes could result in substantial tax penalties, forfeiting your liability protections, or even losing your right to do business in the U.S. 

For this reason, Canadians who are thinking about purchasing properties in the States should consult with a  U.S.-based business attorney with experience in real estate investments before making any purchases. A U.S. lawyer can help you minimize your taxes and maximize your profits.

 

 

 

 

 Image by Allange from Pixabay

Diversifying Your Real Estate Investments: How Important Is It?

Any experienced investor knows that diversifying real estate investments is key to long-term success.

Many real estate investors get started with single-family homes (SFH) because the market is more accessible than commercial real estate or multi-family properties. This is a natural first step, but it shouldn’t be the last.

Expanding your portfolio to include different asset types lowers your overall risk. 

Not only should you buy different assets, but also spread those investments out across different markets. Any number of factors could wipe out home or real estate values in an area -- and you want to guard against that volatility as much as you possibly can.

However, diversifying beyond single-family homes will not guarantee profits -- nor will it fully ensure you won’t have losses. But for high-net-worth investors, it’s definitely the best route to take. 

In this article, we explain why.

The Benefits of Investing in Single-Family Homes (SFHs)

First, there are a variety of benefits to investing in single-family homes versus multi-family homes and other properties:

All in all, these points fall under the same general category: Easier accessibility. It’s simply easier to get started with a SFH than any other real estate asset type. That’s why so many real estate investors begin with SFHs.

As with any investing approach, it’s smart to start small and work your way to bigger properties. Buying one SFH is less daunting for new real estate investors than buying a multi-family property. After all, taking care of one tenant (or one family) is much easier than taking care of two or more. 

series LLC investment

Most Royal Legal Solutions clients initially invest in SFHs and eventually branch out into industrial real estate, multi-family housing, retail, medical, and self-storage. Why? Because they begin to realize that all of their eggs shouldn’t be in one basket.

Different assets have different risk factors -- and sometimes, in real estate, different properties are complementary. If the demand for SFHs collapses and property values plummet across the nation, then the slack has to be picked up by apartment and multi-family properties (because people have to live somewhere, after all).

In addition to diversifying across asset types, it’s just as important to diversify across markets.

Locations, Locations, Locations: Don’t Get Tied Down in One Area

There are advantages to having your investment property near where you live. If anything goes wrong—say, your tenant gets locked out of the building or the power goes out—you can be there to offer hands-on assistance.

But spreading out your investments across different real estate markets is also important.

Concentrating your holdings in a particular city or area makes your entire portfolio subject to the fluctuations of local supply and demand. Even in the best areas, there are a number of factors that could seriously hurt real estate market values:

Even if you own a variety of real estate asset types in a single location, you still aren’t as diversified as you could be. If you lived and invested in New Orleans in 2005, it didn’t matter if you owned a single-family home, a condo, a four-plex, a self-storage facility, and a corner convenience store—Hurricane Katrina would’ve dealt a massive blow to your portfolio (unless you were amply insured and looking to cash out).

Experienced real estate investors avoid over-concentrating in one particular asset class or location. If, instead, your assets were spread out across the entire continental United States, your portfolio wouldn’t have been affected quite as much.

High-net-worth investors know that a real estate portfolio with a range of asset types, spread out across different locations, puts them in a better position to withstand economic downturns and events like the COVID-19 pandemic and natural disasters.

Why Different Asset Types are Key to Diversifying Your Investment Portfolio

Dwight Kay, founder of Kay Properties and Investments, a national 1031 exchange investment firm, outlined an example of how a hypothetical investor can diversify a $500,000 investment portfolio across commercial and multifamily real estate with the potential for income and appreciation. The funds would be equally spread among these assets:

Kay says this hypothetical investor “has diversified her portfolio by both asset type and geography.”

The hypothetical investor has also avoided highly cyclical and volatile markets, like senior housing and buildings involved in oil and gas production.

Conclusion: Diversifying Your Real Estate Investments

When it comes to real estate investing, it’s easiest to get started with a single-family home. The cost is lower, the financing options are plentiful, and the tenants typically care more about general upkeep than a multi-family or apartment building. Naturally, that’s where many investors start.

However, as time goes on, it’s smart to diversify across different asset types. That includes:

Not only is it a good idea to invest in different asset types, it’s also a good idea to spread those investments out across different markets. A number of factors could wipe out real estate values in any given market, and they aren’t always within your control (nor are all of them easily insured against).

Avoid cyclical, highly volatile asset classes, including senior housing and long-term senior care facilities, hotels, and real estate used in the production of oil and gas.  

Focus on diversifying your portfolio by buying different assets in different markets. Don’t get too caught up in solely buyings single-family homes in one market. Remember: the demand could disappear in just a few short years.

 

 

 

 

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Renting To Tenants With Dogs: What Landlords Need To Know About Liability

We’ve all heard of horror stories about the dog owner who had to go to court because his/her dog bit a child at the park or snapped at the pizza delivery guy.

These cases can often elicit strong emotions. Dog lovers can empathize with the dog owner, whose otherwise gentle furry friend is maligned as a dangerous threat.

However, anyone who's seen an obviously untrained dog run wild as the irresponsible owner stands idly by can emphasize with the victim.

As a landlord, you may consider yourself the uninvolved bystander when a biting incident occurs. However, this is not always the case.

In this article, we’ll review your responsibilities as a landlord when it comes to renting to tenants with dogs. Our four legged friends can come with some unexpected liability issues, so read on.

Interested in learning more? Read Pet Ownership Laws & How They Can Bite You In The Assets.

renting to tenants with dogs: dog in teacupPower to Remove a Dangerous Dog

One of the most important things to keep in mind is that landlord liability is rare when it comes to incidents involving a tenant’s dog. You can read more about dog bite liability here. There are only two scenarios in which a landlord can be held accountable.

The first scenario is when a landlord has previous knowledge of a dangerous dog and also has the power to remove that dog. Both conditions should be met in order for the landlord to be held accountable. For instance, David is the new landlord of a building where the old owner, according to a one year lease agreement, allowed one tenant to own a dog. David knows of this dog’s history of biting both guest and other tenants. In this case, David wouldn’t be liable if a biting incident occurred because the dog’s owner had a prior agreement with the previous landlord.

Although David met the condition of knowing about the dangerous dog, he didn’t have the power to remove the dog. In this case, it’s still wise and responsible for David to manage the situation. He can attempt to remove the dog through eviction, request the dog be kept indoors or erect a fence to prevent further incidents.

Previous Knowledge of a Dangerous Dog

Knowledge of a dangerous dog isn’t as cut and dry as it seems. For instance, Ron who is the landlord of a property with a dog who barks and growls at everyone who passes by may have an intuition that the dog could be dangerous. The entire building and neighborhood may be irritated with this dog’s constant barking and mean demeanor. However, this doesn’t mean Ron has actual previous knowledge of the dog being a danger to others. The key word here is “actual knowledge.”

Actual knowledge means Ron knows of a past attack, such as a biting incident or threat made by the dog. Since determining what constitutes a threat can vary greatly depending on how individuals interpret a dog’s actions, it’s important to study past cases. Both Colorado and New York had cases where landlords were found liable for attacks because they ignored overwhelming evidence of potential danger by a dog. In the Colorado case, overwhelming evidence included a previous threat towards the landlord’s own grandchild.

what is a reverse mortgage dog wearing glassesHarboring a Dangerous Dog Can Lead to Liability

The second scenario in which a landlord can be held liable for an incident involving a tenant’s dog is if the landlord also harbored or carried out control over the dog beyond simply just renting out property to the dog’s owner. A good rule of thumb to remember here is that if a landlord in any way manages or cares for a dog, he/she will hold the same accountability as the dog’s owner.

Caring for the dog can include bathing, walking or feeding the dog. In a 2004 Wisconsin case, the courts ruled a landlord not liable for an attack involving his tenant’s dog. The dog was kept in an area adjacent to both the tenant’s and landlord’s dwellings. However, the landlord was not found to “harbor” the dog since he didn’t manage or otherwise care for the dog. He simply allowed the dog in the wooded area adjacent his residence.

Liability for Dog Attacks Off the Rental Property

Landlord liability for incidents that occur outside the landlord’s property can be as equally confusing and require a good asset protection lawyer. Based on past cases, landlords can be held liable for attacks that happen off property. Thus, if you know that a tenant’s dog poses a threat, don’t let it roam around freely and excuse it as the owner’s liability. A court might not agree and instead deem you as the landlord liable. Speak to the tenant about safeguarding his/her pet.

pit bull with kissesRental Property Liability Protection

As you can see, determining liability when it comes to incidents involving a tenant’s dog can be complicated. In general, it’s rare for courts to deem landlords liable. However, this doesn’t mean that landlords should take their chances. Rental property liability protection may not be the most exciting aspect of real estate investing, but it is a requirement.

While we can’t do a background check on every dog on your property, we can help you come up with a liability protection plan that can safeguard you against animal attack lawsuits and other often overlooked liabilities. Contact our experienced legal professionals today.

What Are Workout Agreements In Real Estate Investing?

Declining property values and the travel and business shut-downs during the pandemic have played havoc with the balance sheets of many real estate investors.

When faced with red ink, some individuals opt to liquidate their assets, while others prefer to negotiate with their creditors. One way to negotiate a debt obligation is with a workout agreement.

A workout agreement (also called a settlement agreement) is a contract made between you and a creditor that allows you to “work out” or renegotiate the terms of a loan. A real estate workout is not a repayment of a real estate secured loan nor a resolution achieved by way of a foreclosure. Instead, it is a negotiated settlement that establishes a new agreement between the two parties.

This article will explain the benefits of a workout agreement and what you need to know before entering into one.

workout agreements: No, not THAT kind of workout, you goofballWho needs a real estate workout agreement?

The idea behind a workout agreement is that it should be mutually beneficial to both parties. A borrower who is in default avoids foreclosure, and a lender gains a greater chance of recouping the loan principal and interest without having to foreclose. The lender also avoids the expenses of any debt recovery efforts.

Not every lender will agree to a workout agreement, and those who do can vary widely in the terms they accept. Typical workout agreements involve extending the terms of the loan or rescheduling the payments.

The right solution depends on the following factors:

Types of real estate workout agreements

Workout agreements can be used for any type of loan, with the exception of government-backed student loans. Here are some of the different types of real estate workout agreements.

Modification – Changing the terms of an existing mortgage (usually temporarily).

Deed change – Granting the deed to the creditor instead of a foreclosure

“Friendly” foreclosure – Selling the property back to the debtor (or another party) with a clean title after foreclosure.

Short sale –Selling the property to a third party in exchange for debt forgiveness.

Short refinance – Refinancing the property for a loan amount less than the original amount.

Repayment plan – Making a down-payment on the balance and promising to pay the balance over time.

Repurchase after foreclosure – Buying back the property after foreclosure.

Forbearance –Discontinuing legal action in exchange for the borrower’s promise to take action (such as listing the property with a real estate agent).

Conversion – Changing an amortizing loan to an interest-only loan

Preparing for a workout agreement

Both the borrower and the lender should carefully consider the terms of the agreement before signing a new loan document. Here are some factors to consider:

NotificationThe borrower should give the lender as much advance notice as possible of an inability to meet debt obligations. Most of the time, lenders are more likely to agree to a workout agreement if they have been notified of a possible default on the loan. Giving advance notice shows that the borrower is someone the lender can trust.

HonestyA lender is not obligated to amend the terms of a loan, so the borrower helps their case by being as flexible as possible in accepting terms set by the lender. However, it is in the lender’s best interest to help the borrower as much as possible.

Tax implicationsAlthough a workout agreement won’t damage a borrower’s credit score as much as a foreclosure, it will have a negative impact. Also, the IRS views any loan reduction or loan cancellation as taxable income. That means the borrower could end up owing more taxes for the year the workout agreement is signed.

Due diligenceBoth parties must perform due diligence on issues surrounding the troubled loan. A pre-workout agreement is an important step for discussing specific problems with the loan, the goals of a workout agreement, and the terms of the contract.

When a loan is in arrears, it’s a bad situation for both the borrower and the lender. Just as both parties have something to lose in a foreclosure, both have something to gain with a workout agreement. Working together on a mutually beneficial solution beats the alternative every time.

How Does A Reverse Mortgage Work?

Actor Tom Selleck (Magnum, P.I.) is the latest celebrity shilling for them on television.

Maybe you have an older family member or neighbor who has gotten a phone call from a financial institution offering them.

But what are reverse mortgages and how do they work?

If you are a senior homeowner with most of your net worth tied up in your home, these loans can sound pretty appealing. If you're a real estate investor, you may be wondering if you can use a reverse mortgage to your advantage.

In this article, we'll explain what a reverse mortgage is, the pros and cons this cashflow option can offer to some older Americans, and how you can decide if it's right for your financial strategy now or in the future.

what is a reverse mortgage hand holding coffeeWHAT IS A REVERSE MORTGAGE?

 A reverse mortgage is a type of federally insured loan available to Americans age 62 and over. It gets its name because it works in the opposite way as a standard home loan.

With a regular mortgage, the bank gives you a lump sum that you pay back with interest over a set period of time.

With a reverse mortgage, the lender makes payments to YOU based on the equity you have built in your home. You have the option of receiving monthly payments, a lump sum, a line of credit, or a combination of the different options.

 Over time, the amount you owe in interest and fees on the loan grows while your home equity declines. You retain the title to your home, and the balance isn't due until you or your heirs sell your home. 

WHO QUALIFIES FOR A REVERSE MORTGAGE?

Reverse mortgages are only available to a specific set of homeowners. In order to qualify for a reverse mortgage, you must: 

Reverse mortgage loan values may be influenced by the home's value, how much equity is in the house, and other factors. And older borrowers are eligible for greater total loan amounts because age directly correlates with limits. 

what is a reverse mortgage dog wearing glassesWHAT ARE THE ADVANTAGES OF A REVERSE MORTGAGE?

With life expectancy in the U.S. growing closer to 80 years, many Americans are outliving their personal retirement savings. As a result, they may be unprepared for the rising cost of living and the mounting medical expenses that often accompany aging.

Reverse mortgages are ideal for older homeowners who may not have much in the way of savings or investments but who have built up wealth in their homes. In other words, this type of loan allows you to turn an otherwise illiquid asset into a liquid asset without having to move out of your home.

Whether they're living with the results of an investment gone awry or the difficulties of a fixed income, any senior with cash flow issues may want to consider a reverse mortgage.

Here are some of the other attractive features of these home loans.

 FLEXIBLE LENDING OPTIONS

 This type of loan offers flexible disbursement options, meaning you can borrow only the amount you need. Investors may choose to accept the loan as a single lump sum, in monthly installments, or even as a line of credit. This amount of control the borrower has in this regard is greater than most loans.

 If your need is more about your long-term budget, try to put a number on what you need for, say, one year. This amount will help you and anyone helping with your financial planning determine what a conservative loan amount for you might be.

 MORE CASH ON HAND

 For some cash-strapped retirees, a reverse mortgage allows them to remain in their long-time homes without having to downsize. Some borrowers even use the proceeds of a reverse mortgage to pay off their existing home loan.

You can use the money from your reverse mortgage for any purpose, including:

 We'll discuss below why you'll need to account for reverse mortgages in your estate plan. However, if you just want to live out your golden years comfortably, you can do so and even plan to pay off your mortgage at the same time.

Lock In the Value Of Your Home

If we've learned anything about the economy in recent years, it's that anything can happen. If for whatever reason, the value of your home ends up being less than the amount owed on the reverse mortgage, you are protected. In practical terms, that means, if home prices fall in your area, you or your heirs won't have to worry about paying the balance. 

INTEREST LIMITS

 The reverse mortgage has an interesting set of rules regarding interest. On the plus side, you're not charged interest while you continue to live in the reverse-mortgaged home as your primary residence. Interest is also capped on the first $100,000 worth of debt.

NO TAX LIABILITY

 The IRS considers the funds you receive from a reverse mortgage as a loan advance rather than income. That distinction means the money is not taxed, unlike other retirement income from distributions from a 401(k) or an IRA.

what is a reverse mortgage chess setWHAT ARE THE DISADVANTAGES OF REVERSE MORTGAGES?

A reverse mortgage isn't for everyone. There are some risks to this type of loan that you should carefully consider.

Here are some of the potential downsides of taking out a reverse mortgage.

DECEPTIVE OR INFLEXIBLE TERMS

 Although we have come a long way since the unscrupulous practices by some lenders in the 1990s and early 2000s, not all reverse mortgage providers are ethical. Some will assume you won't do your due diligence and will take advantage of you.

 Carefully vet a financial company before considering a loan, and have someone you trust to read the fine print. This person could be a CPA, financial planner, family member working in the industry, or even another investor you know who's successfully used a reverse mortgage and knows what to look for in a loan agreement.

 You're examining the documents for any terms that the sales reps haven't disclosed. Any added terms should serve as red flags that you need to shop around with other lenders.

 Also, be on the lookout for inflexibilities. For instance, reverse mortgages are often challenging to refinance. Ask your salesperson about your refinancing options, and then be sure to see how these claims compare with the written agreement. Any time a salesperson's word vastly differs from a written offer, it may be time to walk away.

Here are some tips for avoiding reverse mortgage scams from the FBI and the U.S. Department of Housing and Urban Development (HUD):

 REVERSE MORTGAGES ARE NOT FREE

 Some of the unscrupulous ads of the past have promoted reverse mortgages as a means to get free access to your own money. These loans do have the following costs associated with them: 

You may have the option of rolling some or all of these fees into your loan balance, but, of course, if you choose to do that, you'll receive less money.

YOUR LOAN MAY BECOME YOUR FAMILY'S DEBT

If you fail to make an estate plan or somehow account for a way to pay your debt after your death, your reverse mortgage may be subject to probate. Probate can take time and cost money, and in the meantime, your heirs do not have access to your estate.

If you die with debt, the debt gets passed on, just like your assets and earnings do. You can offset this downside of a reverse mortgage in two ways:

Our suggestion is to take care of this critical detail immediately after seeking the loan. You may pay it off during your lifetime or pre-arrange for your estate to make payments. However, interest is likely to increase if you delay, and your beneficiaries must pay off the debt.

ASSETS ENCUMBERED BY DEBT CAN'T PASS TO HEIRS

Let's say you take out a substantial loan against your home's equity. If you pass away before making payment or fail to update your estate plan, your heirs may be unable to inherit the home until the loan is paid off in full. If you lack the funds in your estate, that could mean one less asset for your heirs. 

Also, it's important to remember that a reverse mortgage diminishes the equity you have in your home. By the time the loan needs to be paid off, there may much equity left for your heirs to inherit. 

Difficulty SECURING OTHER LOANS

A reverse mortgage is relatively easy to obtain if you meet the qualifications, but it doesn't necessarily "look good" to traditional hard lenders. Some seniors who take out reverse mortgages may find it difficult to secure additional lending elsewhere. This factor can be problematic for investors who rely on good terms to make their deals profitable. 

This type of loan also could limit your ability to qualify for other need-based government programs such as Medicaid or Supplemental Security Income (SSI).  

SHOULD YOU GET A REVERSE MORTGAGE?

If, after weighing the pros and cons of a reverse mortgage, you're still unsure if it is right for you, here are some factors to consider. A reverse mortgage could be a good option for you if:

As with taking on any form of debt, you should take your time deciding on a reverse mortgage. Although it is a relatively easy way to boost your cash flow in the short term, it could put your finances at risk down the road.

Make sure you fully understand the pros and cons of reverse mortgages and enlist the help of professionals to help you make the judgment call. Even a close network of fellow homeowners and savvy borrowers with experience in reverse mortgages can be a valuable source of information.

Learn everything you can about these financial tools, shop smart for a lender, read the written loan terms carefully, and be sure to ask plenty of questions. If a reverse mortgage doesn't feel like it's for you, you can always explore other financial options.

 

 

How to Calculate Cash-on-Cash Return (And When To Ignore It)

In this article, we’ll teach you how to calculate cash-on-cash return—and why it’s one of the most important calculations for real estate investors.

Much of the real estate industry, including investors and agents, use this formula (sometimes called the equity dividend rate) as a quick way to analyze an investment’s cash flow.

More specifically, it calculates a percentage value based on how much money you’re making (or going to make) divided by how much money it takes to acquire the property.

We’ll go over what the metric tells you, as well as what it doesn’t tell you. It’s just as important to know when not to use this metric, because you don’t want it to influence you to make a deal that, upon more extensive review, actually isn’t that great. And, the next time a realtor tries to sell you on a property that has a “fantastic” cash-on-cash return, you’ll be better equipped to determine whether or not it’s as good as it sounds.

This should be one tool in a toolbox of other important metrics and formulas that you consider when looking at a deal. It shouldn’t be the only tool.

With that said, let’s get started.

cash on cash return: rocket shipHow to Calculate Cash-on-Cash Return

Cash-on-cash is a simple formula: income earned divided by cash invested. It’s a pre-tax figure that takes place over the course of a year.

The easiest way to explain it is probably through an example. 

Let’s say you buy a single-family rental property for $300,000. You put $60,000 down and the seller covers closing costs. The property has a tenant inside who’s renting the place for $2550/month. After factoring in all of your expenses (mortgage, maintenance, insurance, etc), you find out the property generates about $300 per month in positive cash flow. 

You also need to factor in vacancies and subtract that from the total cash flow. For the purposes of this short example, let’s assume that this property is located in an in-demand area and the tenant has no plans on leaving any time soon. For reference, though, the average vacancy rate is about 6.8%. It’s up to you to know what it is in your market area. 

So, to find out the cash-on-cash return, you’d take the income earned, $3600* and divide it by the cash invested, $60,000.

The result is 0.06, or 6%. You could also use a cash-on-cash return calculator, to make it easy.

All in all, the formula (or formulas, for each variable)  looks like this: Annual Pre-Tax Cash Flow / Total Cash Invested

Annual Pre-Tax Cash Flow = (Gross Rent + Other Income (think parking spaces, pet fees)) - (Expenses + Vacancies + Mortgage Payments)

*It’s a yearly figure. The property generates $300/month, so you multiply $300 by 12 to get $3600.

What Does Cash-on-Cash Return Tell You?

So, what does 6% even mean, then? Is it good or bad? Should you invest or skip out?

Compare Different Investments

Cash-on-cash returns give you a fairly easy way to compare different investments, as long as you know how much income they generate and how much they cost to maintain. For example, let’s say you find another tenant-occupied property that’s selling for $190,000 and generates $205/month in cash flow. On the surface, it doesn’t seem like it would be very easy to compare the two. Your gut might tell you that the less expensive property is the better investment, or your gut might tell you that the property that generates the most income is the best investment.

What’s worse is that, in the real world, there are more than just two properties that look like this (and a lot of them don’t cash flow).

So, let’s calculate the return of the second property. In order to purchase the rental, you put 20% down. In this case, that’s $38,000. After closing costs, you end up paying $42,000.

The result is .058, or 5.8%. That means this property, according to this formula, is a slightly worse investment than our first example.

Play Around with Leverage

But what if you only had to put 10% down? And let’s imagine you get a good deal on private mortgage insurance so it only costs $50/month. Your annual pre-tax cash flow is $155/month or $1,860/year. After closing costs, you spend $23,000 to acquire the property.

So, annual pre-tax cash flow ($1,860) divided by total cash invested ($23,000) gives you 0.08, or 8%. Using leverage, you completely changed the numbers.

This way, you can easily compare different investments -- even if changing one factor might change a lot of factors. Maybe you’re looking at investing in a REIT that’s projected to grow at 10% annually -- you might skip out on the rental property entirely.

What Does Cash-on-Cash Return NOT Tell You?

No Equity

One thing you may have noticed, though, is that in our examples above, the tenant covered 100% of the mortgage payments. This formula ignores the fact that every time you make a mortgage payment you’re building equity. Instead, we’re only looking at how much money you have in your hands at the end of twelve months.

If we go back to our first example, with the tenant paying off a $300k property, the equity alone is desirable for many real estate investors.

No Taxes

Furthermore, taxes can completely throw off a deal. What if the taxes for the $300k property are the same as the taxes for the $190k property? If you’re just looking at this one metric, you’ll completely ignore that important variable.

No Risk Adjustment (Leverage Looks Great)

Finally, what if you could buy a $200k property that generates $1,000 in annual cash flow by only putting 3.5% down (with the seller covering closing costs)? Total cash invested is a whopping $7,000, and your cash-on-cash return is 14.2%.

Buy, buy, buy! Right?

What if you got such a great deal on that property because it’s a waterfront that’s expected to be literally underwater in five years?

This formula makes leverage look fantastic. You might as well go out and scoop up as many rental properties as you can for as little money down as possible—but anyone who has watched some investors’ entire fortunes get wiped away by a downturn or some other unexpected event knows otherwise.

Conclusion

Cash-on-cash return, or equity dividend rate, is pre-tax cash flow divided by total cash invested. It tells you how much money you have in your hands at the end of the year.

It’s an easy way to compare different investments, particularly different rental properties and commercial real estate investments—and even stocks and bonds.

It isn’t perfect, though. The formula ignores equity, doesn’t take taxes into account, and makes leverage look greater than it is.

Make sure that, when you’re using this formula, it isn’t the only formula you’re relying upon.

Selling a Rental Property: 3 Things You Need to Know

Thinking about selling a rental property? There are a few things you should know before you do. 

For one, the capital gains tax on a rental property is much steeper than it is on a primary residence. 

Also, when it comes to a tenant-occupied property, the process is a little more complicated. Your tenant, after all, still has leasehold rights. 

Finally, "as-is" clauses can protect you from a slew of costly lawsuits.

Now that you've gotten the "tldr" version, let's take a deeper dive ...

Capital Gains Tax: What to Expect

When you sell your property for a profit, you owe capital gains tax. The 2020 capital gains tax rates are as follows:

So, most of the time, you’ll end up paying at least 15-20% for capital gains tax. You’ll also have to pay capital gains tax on the amount that you claimed in depreciation over the course of your ownership of the property. If you claimed over $25,000 in depreciation, and you sold the house for $75,000 more than what you bought it for, then you’ll have $100,000 of total taxable capital gains.

If you just want the money, you’re going to have to pay the tax-man. However, if you’re looking to re-invest, there’s a strategy to avoid the capital gains tax.

Invest in Like-Kind Property

One way to get around the tax bill is to immediately re-invest the money into like-kind property, also known as a 1031 exchange. As long as you choose a new property in 45 days and close the sale within 6 months, the IRS allows you to keep the money you made in escrow, deferring capital gains, until you put that money into a new property.

You could do 1031 exchange after 1031 exchange, never having to pay for capital gains, as long as you hold the properties for longer than 2 years to avoid triggering “dealer status,” according to the IRS.

However, if you realize that you don’t want to be a landlord or you’re trying to raise money for another venture, you’re just going to have to pay the taxman.

Incorporate Your Real Estate Investments

Another way to avoid a sizable tax bill (albeit not entirely, of course) is to incorporate. You might have less access to the gains, but the savings on your tax bill will likely make this a desirable option regardless. There are some serious tax benefits to using an LLC structure. You might want to discuss the details with a qualified CPA.

Incorporating also helps you protect your assets from any liability issues, as well as protecting your anonymity.

How to Sell a Rental Property with Tenants Still Living There

What if you’re selling a rental property but there’s still a tenant living on premises?

The exact laws might depend upon your state, so check the Landlord-Tenant laws wherever the property resides, but you generally have a few options:

The easiest option, by far, is to wait for the lease to expire. You might want to check the lease for an early termination clause. That way, if you can prove that you absolutely need to sell, you might be able to break the lease.

Additionally, you could try to incentivize your tenant to move by offering them cash to cover the cost of moving. This is only a good option if you know that your property is going to sell for much more than you bought it for. If you’re cutting it close, you don’t want to cut it even closer by having to pay to get a tenant to move.

And, finally, you could try to find another real estate investor interested in buying a tenant-occupied property. The downside here is that your property is much less marketable. There’s a wider swathe of possible buyers for single-family homes, but a much narrower market for rentals.

As-Is Clauses Can Protect You From Costly Lawsuits

What is an as-is clause? An as-is clause is a condition clause: the buyer is purchasing the property “as-is.”

It typically states that “the buyer accepts the item for sale in its presently existing condition without modification or repair.” Without it, the buyer is relying upon the seller’s representation of the property. In some cases, that gives the buyer solid footing for a lawsuit.

Now, that doesn’t mean that the seller can engage in any knowingly misleading behavior, or attempt to hide a defect in the property, but it does provide additional coverage in case there are any disagreements. Sometimes there are issues with the property that the seller doesn’t even know about, but that won’t stop some buyers from filing a lawsuit.

To avoid the worst-case scenario, include an “as-is clause” in the sales contract when you’re selling your rental property.

Conclusion: What To Know When Selling A Rental Property

When it comes to selling a rental property, there are three things you need to know: 

1) The capital gains tax for rental properties is not the same as for primary residences, and it can take a serious chunk out of your potential profits. You might be able to avoid capital gains tax (or minimize it) in one of two ways. First, you could do a 1031 exchange. Next, you could incorporate to see if you can take advantage of certain tax benefits.

2) Selling a property with tenants still there is not an easy task.

3) When you do sell your property, make sure to include an “as-is clause” to avoid the potential for certain lawsuits. Interested in learning more? Read our article “The Rental Property Asset Protection Checklist.”

 

Forecasting Rental Cash Flow Returns The Right Way

One of the best ways to build wealth is with rental properties. And one of the first things new real estate investors need to learn about is how to calculate rental property cash flow. Running a profitable investing business depends on it.

In fact, I can spot a new investor a mile away. These guys think cash flow is simply “income after expenses.”

They'll say something like "My mortgage is $1,500 per month and the rent is $1,100, so I'm going to be making $400 every month.” 

Sadly, this investor is about to lose money. There are a lot of unforeseen expenses they aren’t thinking about.

Let’s take a closer look.

What is Cash Flow, Exactly?

Cash flow is used to figure out just how much income rental real estate such as apartments, duplexes, or commercial buildings can generate. A property can have either positive cash flow or negative cash flow. Positive cash flow, in case you haven’t guessed, comes with more income than expenses. That’s what we want.

Boosting the cash flow of a property could make your business sustainable in the long term. You want a strong return on investment (ROI), but is that the same thing? Not really: Cash flow measures how much cash an investment property will actually generate, whereas ROI measures total value over time.

Ok. So why do so many investors get the cash flow forecasts for their properties wrong?

4 Factors That Make Up The Flow

Long-term expenses make up the true cash flow return, and these expenses differ based on the property type. They aren’t the same every week and every month and every year. That’s why it’s important that you can calculate the average.

To calculate what it will cost your company to maintain a specific property, you need an accurate, long-term record of what has been spent on repairs, vacancy rates, property management services, and property insurance.

Repairs. In one month you may not have any repair costs. Does that mean your repair costs over three years will be zero? Of course not. You have to budget for those inevitable nuisances like broken circuit breakers or crappy old toilets. 

cash flow

Don't go "low flow" with your "cash flow."

Vacancy Rates. What’s the worst thing about a great tenant? They can’t live there forever, that’s what! When they vacate your rental, you need to make some changes to keep it attractive for new tenants. It may take time for you to market the property for prospective new renters. This process includes making repairs, screening tenants, and getting them signed. For a normal market, your vacancy rate can sit at 8 percent.

 

Property Management. Even if you claim to be a jack of all trades, managing your property all by yourself may be difficult. Budget for property management. Property managers charge for screening and signing a lease agreement with new tenants. However, you should pay yourself if you insist on managing your property yourself. Saving money is an admirable goal, but remember—this job is a lot harder than looks.

Property Insurance. Connect with an insurance company to rates for properties in your market. There are all kinds of ways to insure your rental units; for example, "rent default insurance” is used to protect against late rent. If your tenant stops, insurance pays for it. That’s a great example of optional insurance that will affect your cash flow forecast.

Using the “50 Percent Rule.” The “50 Percent Rule” says that landlords should expect operating expenses to be 50 percent of gross income. This rule can help you figure out how profitable your rental property will be. NOTE: Mortgage or loan payments are not part of these expenses; they come out of the other half. (See how you can get in trouble by not estimating your costs up front?) 

Get Organized!

Learn how to accurately forecast both your expenses and your revenue before you get into the rentals game and you'll save yourself a lot of headaches. The best way to monitor cash flow is to prepare a cash flow report. 

With this report, you are able to see the cash you received and cash paid out at the end of every month. Tracking on a weekly or daily basis may be a good idea depending on the size of your portfolio (assuming you have a knack for spreadsheets!). If you’re buying a property, try to get this information—in as much detail as possible—from the previous owner.

In fact, if they CAN’T provide it, that’s a red flag.

Proper cash flow forecasting matters for every rental property investor. You should know how to measure the rate of return for your property. Investing in properties with positive cash flow is the key to your success as an investor.

Ready to learn more? Check out The Rental Property Asset Protection Checklist.

Real Estate Sponsorships: How To Get Started

Anyone who is interested in commercial real estate investing should have at least a rudimentary understanding of how the real estate sponsorship process works. Before you invest in a development project, it’s vital that you properly vet the sponsor to make sure they have the necessary experience to lead a successful commercial real estate project.

Fortunately for the rookie real estate investor, we’ve put together a crash course on getting started with real estate sponsorships. While we can’t make you an expert with one article, we can explain the basics and give you some valuable tips on how to decide if a sponsorship opportunity is a good investment. 

What Is A Real Estate Sponsor?

In commercial real estate jargon, the term “sponsor” refers to the person or business that essentially runs the show on a commercial real estate project. 

A sponsor manages every aspect of the transaction from conception through completion, which usually includes taking on the following responsibilities:

Real Estate Sponsorships: excited woman sitting at desk

General and Limited Partners

The sponsor is often referred to as the syndicator or the General Partner (GP), while the other equity investors are called Limited Partners or LPs. LPs usually have a more hands-off role in the management of the real estate project, so you might also hear an LP referred to as a “passive” or “silent” partner. 

Because of their limited involvement, silent partners also have limited liability. This means that if the project goes belly up, LPs can’t lose more than the amount they’ve invested. 

Check out our article, How Real Estate Syndicators Protect Assets & Avoid Taxes.

How To Vet A Sponsor

As a novice real estate investor, you might think you have to take whatever sponsorship you can get. However, nothing could be further from the truth. Savvy investors know they can’t afford to throw away their hard-earned money on failed projects, and getting a return on your investments is particularly crucial if you’re just getting started in the commercial real estate game. Since some sponsors have much stronger qualifications than others, you need to find a sponsor you can trust. 

Here are a few things you should consider when evaluating a real estate sponsor for a potential investment:

The Sponsor’s Successes

You should evaluate the sponsor’s prior success— not just with real estate developments in general, but in the particular location and asset class of the potential investment. For example, you probably don’t want to partner with a sponsor who has only worked on apartment buildings on a retail property development project. Instead, look for a sponsor with experience working with the type of asset involved in the investment project.

The Sponsor’s Failures

The sponsor’s track record when it comes to failures is just as important— if not more important—  than their successes. While most experienced sponsors will have a few black marks on their record, it’s essential that you understand what went wrong and how the sponsor handled it. It’s a major red flag if a sponsor has a history of keeping silent partners in the dark when things get tricky.

The Proposed Payout Structure

Obviously, getting paid is the reason you’re looking for a sponsorship in the first place. With that in mind, make sure you review the payout structure and understand how you and the sponsor will make money from the investment. Be wary of structures that are overly favorable to the sponsor, and make sure the proposed payout aligns with everyone’s interests. 

Project Management And Investment Strategy

Make sure to thoroughly evaluate the systems and processes the sponsor uses to make sure the project is appropriately managed. Look for a sponsor that has a coherent and consistent plan in place. The sponsor should also be able to confidently articulate a clear investment strategy for the project and explain how it will make income.

Don’t Settle For A Bad Sponsor

Just because you’re a new real estate investor doesn’t mean you have to settle for a sub-par sponsor. Investing in a commercial real estate development project with a sponsor you can’t trust to manage it well will not only cost you a lot of headaches, but more likely than not, it will also cost you cold hard cash. 

Whether you’re a brand new investor or you’ve been doing this for years, you should never forget that you always have the power to walk away from a bad sponsor. If you can exercise the patience and wisdom to wait for the right deal, you’ll end up with a much better investment opportunity. 

7 Real Estate Investment Strategies

One of my favorite things about real estate investing is that there are so many different ways you can do it.

As one of the most accessible types of investments for the average Joe (or Jolene), real estate investing offers a variety of exciting strategies to explore. If you take the time to learn about your options, you can find a strategy that suits your financial situation, the level of risk you can tolerate and the amount of time you have to spend nurturing your investments.

To help you along on your real estate investing journey, we’ve put together a list of seven common real estate investment strategies that everyday people can use to make real money from real estate. This list is just a starting point, but it will give you some background information on some of the most popular types of real estate investments.

Strategy #1 — Buy And Hold

The buy-and-hold strategy is one of the most common types of real estate investing, and it is also one of the simplest. Essentially, you purchase a property and rent it out for a period of time. Depending on the deal you got at purchase, you can make income from the rent, or you can simply use the rent to cover the mortgage and let the property appreciate. There are many variations on the buy-and-hold method to explore, but the key to successfully investing using this strategy is to understand property valuation and find good deals. 

Strategy #2 — Invest In Rental Properties

Investing in rental properties can make you money in the same ways that the buy-and-hold strategy does— income from rent and appreciation in the value of the property. While dealing with tenants may not be everyone’s cup of tea, investing in apartment complexes or other multi-unit rental properties can generate substantial cash flow, particularly with market rental prices rising in many cities across the country. 

 

Strategy  #3 — Flip Houses

House flipping is one of the most well-known real estate investment strategies, and it continues to grow in popularity thanks to the handful of TV shows that spotlight house flippers. For those of you who haven’t seen these shows, flipping houses involves buying a property at a discount, remodeling, repairing and improving it and selling it for a profit. 

While there is a fair amount of risk associated with flipping houses, especially for new investors who don’t have the best grasp of the costs associated with repairs, many flippers learn from their mistakes and develop the skills they need to make substantial profits in a short period of time. 

Strategy #4 — Real Estate Investment Trusts 

Real Estate Investment Trusts (REITs) are companies that own, manage or finance real estate investment projects. REITs are modeled after mutual funds, where numerous investors pool their capital to make an investment. This model allows individual investors to profit off real estate without having to purchase, operate or fully finance a single property. 

Because of the way they are structured, REITs are much more focused on earnings from generated income, and most REIT investors make very little money from appreciation. Some REITs will have a required minimum investment for you to get involved. Still, as long as you have the funds needed to satisfy this requirement,  REITs are a straightforward and hands-off method of investing in real estate projects that would otherwise be cost-prohibitive for the average investor. 

Strategy #5 — Pre-Construction Real Estate Investment

Pre-construction real estate investment is one of the riskiest real estate investment strategies, but it also can earn you serious, serious profits. (Think millions of bucks!)  Pre-construction investing is just what it sounds like: before ground is broken on a development project, you purchase an “option” on the property. This allows you to buy real estate at a fraction of the value of a fully-developed property. 

Pre-construction investments are the most successful in high-demand areas that often experience housing shortages. In these locations, prices can rise quickly, and new units can even be sold before they are completed. In some neighborhoods, your investment can appreciate in value before the project is finished. However, when things don’t work out, you could be facing substantial losses.

Strategy #6 — Wholesaling Real Estate

The process of wholesaling real estate is relatively straightforward: you find an excellent real estate deal, write a contract to acquire the property and sell the contract to another buyer for a fee. In other words, you’re not purchasing real estate; you’re a deal-hunting middleman. The fee you receive, called an assignment fee, usually ranges from $500 to $5,000 per property, but larger deals can come with an even higher payout.

Some wholesalers will sell contracts to retail buyers, but most of the wholesaling market is other real estate investors, commonly house flippers. These types of investors are usually cash buyers, which means the wholesaler can get paid their assignment fee within days or weeks. Wholesaling is an excellent strategy for new investors who don’t have a lot of capital but want to get started in the real estate investment world. Since you never have to actually purchase the property or pay to repair and manage it, you can get started in wholesaling with very little financial investment.

Strategy #7 — Crowdfunding Real Estate

Crowdfunding real estate is a fairly recent development in the real estate investing world. While crowdfunding, in general, is well-known due to platforms such as GoFundMe, the concept of crowdfunding real estate is just starting to grow in popularity.  

Crowdfunding can allow investors who don’t have the capital to purchase property on their own to pool their resources to invest in real estate. If you can't raise the funds you need through traditional methods, you can try crowdfunding your purchase through a real estate crowdfunding website, social media or another online platform. 

For what it's worth, Investopedia lists its top crowdfunded real estate investing platforms as follows:

Keep Learning

These seven strategies are only a few of the many ways you can make money investing in real estate. There really is a niche for everyone, so if the seven strategies discussed in this article aren’t what you’re looking for, don’t give up. There are plenty of other options out there! 

 

Check out our article How To Build Your Real Estate Empire to learn even more real estate investment strategies. 

 

Property Management Agreements for Real Estate Investors

Clearly lay out all of the responsibilities a property management company is taking on for you.

Real estate investors can prevent misunderstandings and protect themselves with clear, professional property management agreements.

If you have multiple properties or properties that aren’t close to home, you need management help. Make sure the people helping you have clear, legally binding instructions.

Third-Party Property Management
In these situations, we outsource property management. If you are among the investors using any kind of third-party property management, whether it’s on-site, off-site, a single person, or a large company, or some other version of a property manager, you will need a property management agreement.

Managing Property Management
When you can’t be there to do the job yourself, your job becomes managing your managers. All the research in the world may not prepare you for the realities of handling your management. We find “informal” agreements tend to end poorly. The property management agreement helps establish expectations and boundaries in your relationship with your property management.

The Property Management Agreement
Don’t underestimate the power of this little document. It’s the single most effective way for you to manage your property managers. Their duties will be clarified in this document, as will your obligations to them. Remedies for common problems may be included, and a well-written agreement should prevent most in the first place.

WHY DO I NEED A PROPERTY MANAGEMENT AGREEMENT?

First of all, few property management companies will do business without a formal agreement. Next, think of all the things that can possibly go wrong with managing a property. Perhaps some of these things are reasons you wouldn’t wish to manage this property yourself.

If there’s one thing we have observed about real estate litigation, it is this: rarely is either party truly acting in bad faith. More lawsuits are fueled by misunderstanding than fraud.

Good contracts are one huge way to prevent lawsuits in real estate generally, and between property management and the investor specifically. Having the rules everyone plays by, and the remedies for parties harmed by breaking the rules, in black and white makes life easier. This clarity prevents the types of misunderstandings that may land you in court.

WHY YOU WANT A REAL ESTATE ATTORNEY’S HELP WITH PROPERTY MANAGEMENT AGREEMENTS

When’s the last time you practiced your legal prose? Or reviewed the basics of contract law?

Never? That’s okay. It’s probably not your job to do either of those things, which is fine. You’ve been busy investing and likely mastering many other skills throughout your life while folks like our attorneys were knee-deep in the books that taught them the finer points of contract law, legal research, and how to write ironclad documents that will hold up under legal scrutiny.

A real estate attorney knows the law, what to look for in a contract, and perhaps most importantly, how to tailor a contract to your needs. At Royal Legal Solutions, we always listen to the client first, then form our plan to keep your assets defended and support you in your other business goals.

WHAT IS IN A PROPERTY MANAGEMENT AGREEMENT?

CUSTOMIZED TO YOUR BUSINESS
While we will absolutely tailor your agreement to your situation as much as possible, there are some common items you will see across a wide variety of property management agreements. Some of the things you can expect to see in yours are listed below.

RESPONSIBILITIES
This includes theirs and yours. If there’s an item you don’t want to handle, make sure it’s in the agreement on their side of the deal. Their day-to-day duties should be spelled out as well.

FINANCIAL AND FEE INFORMATION
What fees you owe and how you will pay them should be crystal clear.

LIABILITY
You want the managers to assume as much legal liability as possible, an item our attorneys can help ensure by contract.

CONTRACT TERM AND TERMINATION PROCEDURES
Of course, the contract will need to have a specified length of time it is in effect or term. Termination issues should also be covered.

Our experts can show you other ways to limit your personal liability and safeguard your assets. Whether you need a single property management agreement or a comprehensive asset protection strategy, Royal Legal Solutions can help.

Equity Stripping for Real Estate Investors

Make yourself an unattractive target for lawsuits and creditors with equity stripping.

As real estate investors, one key issue for protecting our assets is making sure we have very little or no equity exposed to the world. Why? Quite simply, the equity in a property is what can be seized and sold off in the event of a successful lawsuit and judgment against you. So what’s the smart investor to do?

Fortunately, this is where equity stripping comes into play.

What is Equity Stripping?

Equity stripping is any process that will reduce the value of a given real estate asset. It is a classic among asset protection strategies, well known for being a tried-and-true method of creditor protection. Equity stripping may be used to protect your home or an investment.

Wait. I want to look poorer than I am?

Yes, you do. It’s the smart play. You can invest and earn all you like yet still appear to qualify for food stamps. The illusion that you own little to nothing makes initiating a lawsuit incredibly difficult for the other side.

Is Equity Stripping legal?

Equity stripping makes you less desirable to sue because you appear to have less than you actually do. Some investors wonder if this is ethical or even legal. The answer is yes, provided you set everything up before a creditor or lawsuit comes your way. Be proactive!

We Simplify Equity Stripping For Real Estate Investors

Don’t attempt equity stripping alone. There are some tasks that require a professional’s oversight, and this is one of them. Fortunately, the pros at Royal Legal Solutions are happy to help you out.

Who Needs Equity Stripping?

Equity stripping is a viable solution for many types of real estate investors and even ordinary homeowners. Therefore the answer to what type of person needs this service can be varied and diverse.

For instance, not all laws protect the equity in a homestead equally across the United States. For those who have paid off more on their home than is statutorily protected, equity stripping is one legal method for protecting that homestead.

DOMESTIC EQUITY STRIPPING
There are many methods for equity stripping. Anything that encumbers an asset on purpose, or moves it from a position of exposure to safety, could be considered a form of equity stripping.

For most of our clients, we recommend domestic equity stripping. To employ this tactic, you use one of Royal Legal Solutions’ Traditional LLC structures. You can then use the LLC to strategically issue notes on the properties you own.

Which of these options is most appropriate for you?

That will depend on your needs and the advice of your attorney.

FOREIGN AND OFFSHORE METHODS
Offshore equity stripping is legally similar but has a key difference. With this method, you would need an offshore trust to issues notes on your properties. This type of offshore trust, also known as a bridge trust, offers additional benefits. However, while the offshore option is highly secure, there is a price trade-off. Bridge trusts can cost thousands to establish.

CREATING YOUR OWN MORTGAGE COMPANY
Another means of harmless debt creation we have used is instructing investors like you on the less conventional, although far easier-than-it-sounds, tactic of creating your own mortgage company. And there are even more ways to get the job done.

Assignment of Interest for Real Estate Investors

If you own an LLC or Series LLC, chances are that you may need to handle an Assignment of Interest.

There are a wide variety of situations where assigning all or part of the interest of a company can benefit the business as a whole. How this process looks is governed by state law as well as the Articles of Organization for your particular LLC. Some common reasons you may need an Assignment of Interest include the below scenarios.

Lending Negotiations

Sometimes members of an LLC will use their shares of the company as collateral for a loan. This is a fairly common practice in the real estate industry. Members may assign all or merely a portion of their interest in this situation.

Debt Resolution

Forming companies and purchasing properties is expensive. Occasionally, members of an LLC may assign a portion of their interest in a company until their profits have satisfied a personal debt.

Personal Reasons

There is a wide range of reasons you may choose to assign your interest in your company to a trusted partner or family member. Marriage, death, or other major life events can raise this issue.

Royal Legal Solutions Can Assist You With Many Assignment Of Interest Needs

If your Assignment of Interest is part of a greater issue with forming or managing your Traditional LLC or Series LLC, Royal Legal Solutions can assist you. We have years of experience forming these companies and managing the necessary paperwork. We also offer free educational resources on the best practices for corporate management, taxes, and asset protection. Our belief that informed clients are the best kind of clients drives us to offer regularly updated, accurate free materials to help you get the most out of your professional LLC. Forming your LLC with Royal Legal Solutions can simplify the process of assigning interest, as we will be the ones to draft your Articles of Organization. If you know this will be a concern for you, be certain that you advise the professional you work with of your situation when forming your LLC.

What Exactly Is An Assignment Of Interest?

An Assignment of Interest is the legal means for transferring the ownership of an LLC or other Company is from one entity to another. Typically, there are additional complications regarding under what conditions and what approvals are necessary in order to enforce the assignment. These conditions and approvals are located in the Subscription or Operating Agreement of the investment.

Why You Should Choose Royal Legal Solutions For Your Assignment Of Interest

BEWARE OF “FREE” ONLINE TEMPLATES

One mistake that some investors fall for is attempting to draft their own contracts or pulling them from free online services.

Perhaps you have seen that you can get certain templates for legal documents, including Assignments of Interest, from Legalzoom or another website. Any attorney will caution you against using these for your business. Ultimately, these “free” documents can cost you a great deal of money in the end.

Anyone can write something and give it away on the internet. So that document may have been penned by an attorney who makes $1500 an hour, or it may have been a school exercise for a student who does not speak English as a first language.

Frankly, it is impossible to know the source of such documents and they should be regarded with suspicion. Only an attorney with experience in the real estate field can tell you whether such a document would hold up under legal scrutiny. In fact, we have been called after clients of ours have made this mistake. Trying to correct errors in legal documents after the fact is infinitely more difficult, time-consuming, and costly to the client than hiring a professional to handle the document in the first place.

It is well worth the investment to ensure that your Assignment of Interest and other legal documents are properly drafted by professionals.

Our Experienced Legal Professionals Advocate For You

When you get your Assignment of Interest from Royal Legal Solutions, you do not have to live with these anxieties. You can rest assured that your document does exactly what it needs to do, and will protect your best interests.

We know you take your real estate business seriously, that you have invested a great deal of your hard-earned money into growing your investments. Royal Legal Solutions specializes in customizing the necessary legal documents and seamlessly obtaining the approvals to transfer the ownership interests for your LLC. If any of these steps are done incorrectly, the transfer will be invalid.

The good news is that we are here so that you do not have to take this unnecessary risk. Simply tell us what you need. Let us worry about how to get it done, while you do what you do best: run your real estate business.

Why We Assist Real Estate LLC Owners With Assignment Of Interest

Whatever your reasons are for needing an Assignment of Interest, Royal Legal Solutions can assist you. We can also help with other operational or legal aspects of your corporate structure if you have additional questions or needs regarding your Traditional LLC or Series LLC.

Having an actual real estate attorney draft your LLC’s documents can make the difference between whether they will hold up in court if you ever come under attack. Smart investors don’t have to take this risk. With Royal Legal Solutions by your side, you can feel secure in the fact that your business documents are legally compliant and accomplish exactly what you need them to.

Why Use Royal Legal Solutions For A Real Estate Investment Asset Protection?

We have experience in setting up the proper asset protection and making it easy for an investor to use. Our system simplifies management structure as much as possible, and we also use common sense to ensure your needs are met. For example, just one tip we give our clients is that you don’t need multiple bank accounts as long as you have accurate accounting records. For taxation, they should stay exactly how they are now while being reported on a Schedule E of your personal return (if you’re an individual/married partners) or a partnership return (if unmarried partners).

Don't Jeopardize Your Portfolio: 2 Guiding Principles Successful Investors Follow

It’s a common cliché among investors that we are our own worst enemies.

While it’s true that some investors shoot themselves in the foot by jumping on a bandwagon that’s headed for a cliff, another cliché to keep in mind is to never put all your real estate investment eggs in one basket.

We tend to let our emotions guide us. Investment bubbles are said, for instance, to be the product of a certain kind of “euphoria” that manages to trump all caution and reason. Millions are lost and depression soon follows.

Such is the nature of mania.

The question then becomes: how do we, as investors, manage these emotions that seem to guide us down blind alleys?

Top investors follow two guiding principles:

#1 Successful Investors Don’t Chase Performance

Too many investors get caught up in the frenzy of recent strong performance. Take, for instance, the cryptocurrency rush. Millions of unskilled investors rushed to jump on a bandwagon that made major headlines all across the globe. True, many of them got rich. 

They got lucky.

There’s nothing necessarily wrong with investing in cryptocurrencies, but rushing into an investment simply because there’s been buzz around it is not likely to yield good results.

Here, the feeling that you’re missing out on something major (fear) is guiding the decision. But you can only know one thing for certain: you should have invested in Bitcoin when it was under $1,000. Once there’s a major buzz around it, it's time to sell to someone who is themselves chasing performance.

#2 Successful Investors Execute a Master Plan

Investors that go in without a plan are playing a dangerous game. Investment is not analogous to gambling merely because both involve risk. Risk can be managed intelligently in an investment portfolio. A wise investment plan should address the following:

The Bottom Line

Top investors successfully manage the highs and lows. They do not make choices based on emotions. They do not chase the latest trends. They are not caught up in investment frenzies. They do not become overconfident. Instead, they build a solid investment foundation from which they can take calculated risks. Interested in how solid your foundation is? Contact one of our professionals today.

Understanding Your Risk in a Joint Venture (JV) Partnership

Understanding Your Risk in a Joint Venture (JV) Partnership

Joint Ventures in real estate investing are pretty common.

Most of these partnerships are created by placing a property into an LLC and having the partners all own a portion of that LLC. If anyone wants to sue you or your partner they will not be able to go after the other person—the LLC makes that protection possible.

In the video above, Scott talks about how charging order against the LLC can make things messy and painful.

The best strategy to deal with this type of situation is to have both yourself and other partners enter into the Joint Venture LLC through your personal LLCs. This takes minimal effort to establish, but can prevent the messy and costly potential of dealing with a charging order.

How To Structure Your Partnership To Protect Your Assets

Say you and your friend that start a company together to invest in real estate.

Now say your friend gets sued, and next thing you know there's a charging order against the LLC. If you don't know what a charging order is, start with this article and come back.

The Cliff Notes version is this: If there's any money distributed from the LLC, it has to be used to pay off the creditors to the extent that your friend has an interest in the LLC.

This means you can't get any money out of the investments you and your partner made—even though he (or she) is the one being sued!

This is not the case if you guys both enter into a Joint Venture LLC. This means using your personal LLCs to become members of the LLC used for the Joint Venture agreement.

This will allow you to distribute money that you can now control without having to pay off those creditors and hurt your friend or your business partner. It keeps everything nice, smooth and amiable.

How Do I Get A Loan Against My Land Deed? 

Land has always held value in the United States, and if you have a clear deed to real estate property, you may be able to use it as collateral for a loan.

In this article, we'll examine the steps a borrower needs to take to obtain loans against a land deed.

There can be a lot of paperwork involved in land ownership. Your first step is to make sure your paperwork is in order and the property deed is in your name. You can find out through the County Recorder's office in the county where the property is located. Land deeds are a matter of public record, so anyone who wants this information can obtain it. 

A recorded deed provides notice to subsequent purchasers, lenders, and the general public about a parcel of real property. It also protects the owner of record in the event multiple parties claim ownership of the same land.  

When a property transfers from one owner to another, you must update the official documents. A failure to accurately record the required documents can invalidate the transfer.

After you've confirmed that your name is on the deed, your next step is to find a lender that will loan against a land deed. Land loans can be hard to find. Some lenders do not accept land as collateral at all, and others only consider land that is worth a certain amount. Most lenders will not loan on land that belongs to more than one person.

If you have bad credit, you'll have a tough time securing a land loan. When your credit is not a factor, your loan eligibility will depend on the type of property you own and its location. If you own prime land that is zoned for commercial use in a busy urban area, your loan has a good chance of being approved. If it's located right off the interstate, your chances are even better. 

loans against land deedHowever, if you own a few rural acres miles away from a city center, finding a lender may be challenging. The bank is looking at the land's profitability, meaning how easily it can be converted into cash if you default on your loan. In the case of rural property, you may have better luck with a small local bank than a larger institution. A local banker may better understand the value of your land. 

Once you have identified a lender and the lender has confirmed that the land is valuable enough to serve as collateral for your loan amount, you will be able to complete the loan process with the following steps:

If these steps are completed to the lender's satisfaction, the lender will then discuss the terms of the loan they are willing to offer. When you and the lender have agreed to the terms and the loan is issued, the lender will record a lien on your land title. 

Can I obtain a loan on vacant land? 

Lenders typically see vacant land as a riskier investment than land that is already in use. Buildings can be sold or rented out, while it can take a long time for vacant land to produce any cash flow. Once again, you may have better luck with a local bank than with a large one.

If you seek to use the vacant land as collateral for a loan to fund a construction project on the property, that's a different story. The lender will examine the financial strength of your project, and, if it likes what it finds out, it will disburse funds as you meet your construction milestones. 

Interested in learning more? Check out our article, Basics of Land Investing.

What about a loan against a land trust?

If you're seeking a loan against the assets of a land trust—called a land trust mortgage—you'll need to check the trust deed to make sure that the trust has the power to borrow money. 

Then, you'll need to ask the trustee to sign the mortgage or note. 

If the property is already in a land trust, and you want to borrow against the beneficial interest, then the lender will need to serve what is called a "Notice of Collateral Assignment" on your trustee. Your trustee will then need to write an "Acknowledgment of the Assignment" in response. Afterward, the trustee will not be able to transfer the title of any property held in the trust without the lender's written consent.

What happens if you default on a land loan?

Just as with any loan, you must pay back a land loan according to the terms of your loan contract. If you default on the loan, the lender can take possession of the land and sell it to pay for the amount you owe.

On the other hand, when you repay your land loan's full amount, the bank will cancel the lien on your deed. At this point, the lender has no further claim to the land.

How Landlords Can Get Maximum Value From A Rental Property Appraisal

A rental property appraisal will tell you exactly how much the property is worth to the average buyer or investor in the current market.

In part one of this article, we talked about why rental property owners need an appraisal, how much an appraisal typically costs, and what the appraiser looks for when they’re on your property.

In part two, we'll talk about how to handle a tenant who won't cooperate with an appraisal (due to coronavirus or some other reason). We'll also drop some helpful hints for landlords who want to get the maximum appraisal value for their property.

Let's get started!

Can a Tenant Reject an Appraisal?

What should you do if the tenant won’t let an appraiser inspect the property?

If the tenant refuses to let an appraiser come in and look at the property, review the lease agreement with them. Typically the lease agreement has a section specifically on what to do about this, but usually you only need to give the tenant 24 hours notice before you send in an appraiser. In that case, all you have to do is send them a “notice of intent to enter” and you’re all good.

Given that there’s currently a pandemic, though, you might not want to force outside contact on an at-risk tenant. You don’t want to create an unsafe scenario for either the tenant or the appraiser, and forcing contact without a lease provision and reasonable notice is begging for legal trouble.

Tell your lender about the scenario, and they’ll work out possible solutions with you. As we’ve mentioned before, there are appraisal options for some loan types that are exterior-only.

How to Get Maximum Value for Your Rental Property Appraisal: 4 Tips To Remember

And, finally, the section that could possibly help your bottom line the most: How do you get the highest possible appraisal for your property? Is there anything you can say or do that’s actually going to help the value? Or is it all out of your hands?

Here are our four best tips, in order from most-impactful to least-impactful on the value:

Provide the appraiser with a list of improvements

This is the biggest one. It’s not immediately clear to the naked eye where and when any improvements have taken place—particularly if the house is a bit of a mess, which we’ll talk about soon—but if the bathroom, kitchen, and roof have all been replaced in the past five years, you can expect that to seriously help your value.

On the other hand, if the appraiser doesn’t have any information on improvements, they might miss a couple, which could lower the quality and condition of your house, forcing the appraiser to pull up comparable sales that don’t reflect the renovations or remodels.

Fix up anything that’s in serious need of fixing up

If you’re working with a “well-lived-in” property, make sure that there aren’t any glaring maintenance issues. Again, you can use your common sense here: if you think it would bother a typical buyer, it’s probably something that the appraiser is going to note in the 1004.

Keep the property clean on the inside and out

The appraiser doesn’t care about whether or not there’s clutter around the house, and they don’t care about interior design. They likely see hundreds, if not thousands, of houses per year, so nothing is really all that surprising. However, if you want the best possible appraisal, you want to create the best possible environment for the appraiser. For the best possible appraisal, pretend you’re staging an open house.

Be on time to let the appraiser in to the property, and be respectful

This one should be a no-brainer, but do your best to be kind and respectful to the appraiser. This person, after all, is in charge of determining the value of your property, and oftentimes it can make or break your deal. If the appraiser knows that you need an appraisal completed by Thursday in order for a loan to clear, but you showed up 45 minutes late to the inspection, they might prioritize some other reports before finishing yours. If, on the other hand, you’re professional, helpful, and kind, they’re going to do everything they can to help you out.

Conclusion: Handling Appraisals the Right Way

In conclusion, let’s summarize all of the topics we listed in the beginning:

Why do you need an appraisal?

You need a rental property appraisal because 1) interest rates are incredibly low and it’s going to help your bottom line, and 2) it’s required by most major lenders, as well as the federal government.

How much does an appraisal cost?

The typical appraisal is going to cost anywhere from $300-500, but a good rule of thumb is about $400.

What do appraisers look for when they look at your property?

The floor plan (including overall square footage), building materials and surfaces, and the quality and condition.

What do you do if the tenant refuses the appraisal?

Review the lease agreement with your tenant. There’s typically a section about this exact situation. If they’re an at-risk member of the population during the pandemic, then review options with your lender.

How do you get the maximum value for your property?

Provide the appraiser with a list of improvements in as much detail as possible, fix up anything inside or outside the house that’s in dire need of fixing up, keep the property reasonably clean, and be kind and respectful during the appraisal.

Rental Property Appraisals: Refinancing Your Investment The Right Way

What are rental property appraisals and how do they affect your business?

A rental property appraisal is when a certified appraiser determines the exact market value of your rental property: how much the property is worth to the average buyer or investor in the current market.

In this article (and in part two, which you can find here), we’ll tell you everything you need to know about rental property appraisals, including:

Why Do You Need An Appraisal?

At the time of this writing, according to Freddie Mac, one of the biggest federally-backed home mortgage companies, mortgage rates are at an all-time low of 2.81% for a 30-year fixed-rate mortgage.

Naturally, that means appraisers are in high demand. Everyone is realizing that they can seriously lower their monthly bill (and, if you own rental property, maximizing your cash flow) by refinancing.

But why? Why can’t you just buy a house or refinance your mortgage without having an appraisal?

Because almost every major lender—as well as the federal government—demands that an appraisal is performed on the property prior to supplying a loan. Sometimes, in specific instances, these requirements are waived, but that doesn’t happen too often. Lenders need a way of verifying the house is actually worth what someone is willing to pay for it.

Rental Property Appraisals: Koi Ponds... Are Do They Add Value?The Difference Between Value and Price

For that reason, appraisers are hired to find the market value of a property: how much the typical consumer would pay in the current market, because the market value is different from the sale price, which is how much someone did pay for that property.

Since home-buying is such an individual and emotional process, these two numbers can be wildly different. A particular buyer, for instance, might be enamored with a koi pond in the backyard of a property. He or she may be willing to pay an extra $30k for the property (let's just say they really, really like fish) but he or she isn’t representative of the typical buyer, because the typical buyer doesn’t really care about a koi pond (assuming it’s in a market area where koi ponds are atypical, which is much of the United States). Or the price might have been driven up by a bidding war, causing untold inflation.

If you’re a lender, you wouldn’t want to give out a half a million-dollar loan on a property that’s only worth $180k, even if the buyer is able and willing to repay the money. Anything can happen: the buyer could lose his or her job or come down with a terminal illness, making it impossible for him or her to repay the loan. In those instances, the bank needs to be able to sell the home in order to recoup whatever’s left of the mortgage.

If the borrower only paid off $40k of a $500k mortgage and the bank sells the house for the much-more-realistic $180k, they’re down $300k after closing costs.

So, to answer the question, “Why do you need an appraisal?” the simple answer is: because you have to. The more complicated answer is because, at scale, it saves the bank a lot of money—and, if you’re the unlucky buyer who is willing to pay more for a property than it’s worth, an appraiser might just save you money, too.

How Much Does A Rental Property Appraisal Cost?

The cost of your rental property appraisal will depend on a few factors, including where you live, the current supply and demand of appraisals, and the type of appraisal you need (which depends on the type of loan you’re taking out).

To give you a ballpark idea, most appraisals will cost anywhere from $300-500. The vast majority of those will be the standard 1004 Uniform Residential Appraisal Report (and if you’re really bored, you can take a look at it here), but since the start of the pandemic, some lenders are clearing exterior-only appraisals, which appraisers can complete faster because they don’t have to perform an interior inspection. And, if you’re lucky, you might even be able to get an appraisal waiver—so that there doesn’t need to be an appraisal at all.

However, most of the time you’re going to spend roughly $400 on a 1004, and the appraiser is going to have to perform an interior inspection. What does that mean for you?

What Does the Appraiser Look For When They’re In Your Property?

Every appraiser is different, but typically the appraiser is noting a few different things:

Rental Property Appraisals: Floor PlanThe floor plan

The appraiser will draw a sketch of your house, noting the exact square footage of the property, and the number and locations of rooms, bedrooms, and bathrooms (and sometimes windows, fireplaces, staircases, and other details) so that they can confirm that it lines up with the research they’ve done on your property using the MLS and public records. Also, with the sketch, the bank has an easy reference for what the house looks like on the inside, and whether or not there is any functional obsolescence—which is a fancy term for anything inside a house that doesn’t fit the market area.

For example, if there’s an additional bedroom that is only accessible through another person’s bedroom, it won’t really count as a bedroom, and it’s the appraisers job to make sure that they find accurate comparable sales in the market that are actually similar to the subject property.

Building materials and surfaces

If you look at the 1004, in the “Improvements” section, there are entries for exterior and interior materials and their conditions. The appraiser is also going to look at those and jot them down.

Quality and condition of the property

If there’s dampness in the basement, evidence of infestation, holes in the walls or ceilings, or dysfunctional plumbing, that’s going to seriously affect the value of the property. Depending on the lender and loan type (like FHA), the appraiser may or may not be required to check the plumbing. It’s best to make doubly sure it’s working before the appraisal.

Generally, though, a good rule of thumb is to use your common sense. Ask yourself, “Would the average buyer be okay with this?” If they wouldn’t be, it’s likely going to negatively affect the quality and condition of your home, and therefore the value. 

To continue reading, check out part two of this article, How Landlords Can Get Maximum Value From A Rental Property Appraisal, which covers how to handle a tenant who won't cooperate with an appraisal and how to get the maximum appraisal value for your property.

Selling Property? Protect Yourself With A Robust ‘As-Is’ Clause

Issues regarding liability are common in real estate. There are several risks that can lead to a lawsuit. You can’t ever fully remove the possibility of legal action against you. But there are a few common-sense measures you can take to protect yourself from some of the most common claims, including

One measure you can take is an "as-is" clause. Real estate sellers will often insert an “as is” clause into purchase contracts to avoid liability.

Let's take a closer look.

as-is clauseWhat Is An 'As-Is' Clause?

 An as-is clause is included in a purchase agreement to force the buyer to rely on their own investigation to determine whether or not to purchase the property. Without an as-is clause, the seller’s representation of a property and its condition forms the basis of the buyer’s decision.

The clause protects you (the seller) from litigation stemming from a failure to disclose property defects that you are unaware of. In some cases, the seller will know of a defect but choose not to disclose it to the buyer. In this case, the seller is protected if the problem is discoverable by the buyer should they conduct a reasonable investigation of the property.

Potential Problems That an As-Is Clause May Cover

As-is clauses can protect property sellers from a slew of costly lawsuits. A property with undeclared flaws can land you in hot water for a variety of reasons, including:

#1 Breach Of Duty. It is an agent or broker’s duty to act in the best interest of their client. Dishonesty on the agent or broker’s part can come in a few forms, such as:

If a seller is willingly breaching, they may be guilty of a breach of duty. Of course, agents and brokers aren’t infallible. Honest mistakes happen, and property defects are sometimes hidden to all parties.

#2 Breach Of Contract. A breach of contract is a simple lawsuit. If the buyer feels the contract hasn’t been fulfilled, they may take legal action.

 #3 Negligence and Gross Negligence. Negligence implies that the defendant (in this case the seller) caused harm through inaction. However, negligence differs from other allegations through the lack of intent to cause harm. This means the seller failed to do their due diligence or or to handle problems promptly, causing bodily harm as a result.

Gross negligence, on the other hand, is defined as “the failure to exercise even the slightest amount of care" and often involves the deliberate disregard of another person’s safety.  A seller who is found guilty of gross negligence knows (or should have known) of the danger involved.

#4 Property Damage. This one is pretty self-explanatory.

 #5 Willful Concealment/Misleading Clients. A claim for misleading a client can stem from one of several issues. Normally, when the buyer believes that the seller intentionally hid property defects from them before the sale was complete. For example, sellers are expected to disclose known issues such as flooding before completing the sale.

What “As-Is” Does Not Cover

An as-is clause isn’t a universal get-out-of-jail-free card. It will not protect you from litigation from failing to disclose defects if:

An as-is clause won’t protect you from all allegations. But they offer you a strong layer of protection against a claim regarding an issue you can’t reasonably have been expected to know about.

selling real estate as isInterested in learning more? Check out our articles, Did You Know Selling Your Property ‘As Is’ Can Get You Sued? and Selling Real Estate ‘As Is’: Guide For Investors.

The Takeaway

Lawsuits are all-too-common in the U.S. If you’re dealing with enough real estate transactions, you’re bound to end up in a disagreement at some point.

In addition to using an as-is clause, documenting as many details as possible is always recommended. By staying on top of your property’s defects, you can avoid problems and have evidence of your reasonable efforts to provide a well-maintained property to buyers.

You shouldn’t have to suffer when you’ve already done what you can to ensure your property is in good condition. Honest oversights occur.

Consult a professional to make sure your contract provides maximum protection against claims of property fraud. And consider adding an as-is clause to your contracts before selling. It’s a simple, easy step that protects you in many situations where you would otherwise land in hot water.

 

image via reddit

REIT Investment Strategies: A Guide For The Everyday Investor 

Real estate investing has long been a proven strategy for people looking to accumulate wealth. Whether it's building equity in your own home or saving up enough money for a second property, real estate is often a tangible investment that typically moves up and to the right. 

For those who can pull together the capital needed to get started, there are some important elements that need to be considered before taking the leap. 

In case REIT investment strategies are unfamiliar to you, this article will highlight how they work, how they can benefit you and what strategies the everyday investor can implement to get started.

Real Estate Investment Trusts (REIT): What Are They?

Real Estate Investment Trusts (or REITs) are companies that own or finance income-producing properties across a range of sectors. These sectors can include:

REITs pool together the collective capital of investors and they invest that capital in various real estate sectors like the ones mentioned above. The profits of these investments are then distributed back to investors.

REIT Investment Strategies: A Guide For The Everyday Investor 

There are a number of requirements that must be met in order for a company to qualify as a REIT. One of the first requirements is fairly obvious: REITs must invest at least 75% of their capital in real estate related sources. REITs must also attain at least 75% of their income from real estate related sources. Most importantly, REITs are required by law to allocate at least 90% of their income back to their investors.

Depending on the REIT you are investing in, there may be a minimum investment requirement to get started. Even with that stipulation, REITs are a fairly simple way to invest in property that is typically out of reach for your average investor.

Interested in learning more? Check out our article How To Start Real Estate Investing In Your Thirties.

Benefits of Investing in a REIT

One of the biggest benefits of investing in a REIT is one that's already been hinted at. It's rare that an investor would have enough capital to single-handedly purchase an apartment complex or a large commercial property. REITs offer an easy on-ramp for everyday investors and often provide larger returns than an average stock and bond investment might.

REITs are often free of many of the hassles associated with direct ownership through your own LLC. The horror stories of direct ownership are seemingly endless. Unexpected property maintenance, difficult renters, not to mention all your capital tied up in a single asset. These realities don't have to be deal-breakers, but the benefit of a REIT is a diversified investment and efficient handling of all the behind-the-scenes details.

With all of this, real estate is known for how it appreciates in value over time. On top of the regular yields you receive through dividends, you also get a return on the appreciation of the asset you've invested in when you opt out.

Strategies for Investing in a REIT

How does one go about investing in a REIT? The good news is that many REITs are publicly traded on major stock exchanges. This represents a sense of validity and transparency in what you are investing in. That said, this path of investing in a REIT is also susceptible to the general ups and downs of the market as a whole.

Alternatively, there are exciting new crowdfunding platforms like Fundrise where the real estate investing market is entirely online and can even be managed from your phone. These online platforms often have a much lower initial investment requirement (as low as $500), making real estate investing more accessible for the average, everyday investor.

Finally, as mentioned above, the REIT market is incredibly diverse. Whether it's a residential home market, commercial market, healthcare or technology, the range of investment classes available to you is huge. Find something you are familiar with or passionate about, get connected and watch your money grow.

Interested in learning more? 7 Real Estate Investment Strategies That Made My Clients Wealthy.

Is A REIT Investment Strategy For You?

Whether you are considering investing in real estate for the first time or whether you have a few properties in your portfolio already, a REIT is worth looking into. Private ownership is a solid option if you are familiar with your local real estate market, and if you are financially savvy and able to deal with the renters and the inevitable repair and maintenance. But a REIT gives you the opportunity to remain hands-off while earning reasonable returns. Explore tapping into this proven strategy for wealth management and diversification.

How To Start Real Estate Investing In Your 30s

Real estate one of the more promising long-term investments. One reason is the real estate market is generally less susceptible to the volatile ups and downs of high-risk stocks or emerging strategies like cryptocurrency. 

That said, it can be a little intimidating to jump into owning land, becoming a landlord or flipping houses, especially if you are part of a generation saddled with student debt and a shaky economy.

By looking at the challenges you need to overcome and the investment options at your disposal, there's lots of opportunity to build your investment portfolio. 

If you're in your 30s, interested in real estate investing in your 30s and aren't quite sure how to begin, this article is for you. 

Overcoming The Challenges Millennials Face

There's a lot going on for people in their 20s, but people in their 30s are experiencing a lot of change too. Some of the challenges to overcome in your 30s include:

Reducing Student Loan Debt

You likely spent at least some time in your 20s attending college. In your 30s, all the money you borrowed to pay for that expense is due. Reducing your debt load is a good and important thing to be doing, but it takes time.

Getting Married/Starting a Family

Many people in their 30s choose to get married and start a family. These are wonderful things, but also come at a cost. Weddings can be expensive, medical bills can add up and the cost of raising kids isn't going down either. Putting aside extra money for investment purposes on top of these normal expenses can be a challenge.

Getting Financial Experience

For some people, it can take until their 30s (or later) to develop good habits and awareness around tracking income and expenses. Most financial planners suggest building an emergency fund to cover unexpected expenses or a loss of income. These things take time to develop, too.

People in their 30s should get started on estate planning, signing off on life insurance and the like. All of these are good and necessary things and are definitely recommended before venturing into the real estate investment world. So before you get started, make sure you have these things covered first.

Ways Young Investors Can Get Started In Real Estate

Once you have these bases covered, there are several ways to get into real estate investing. Some ways are easier than others, but let's explore a few options.

#1 Subletting Your Own Space

By the time you are 30, you might have saved up enough money to buy your own home. One of the easiest ways to get involved in real estate investing is to find a roommate or renter. 

Whether you're sharing your entire home with a roommate, renting out your basement or even just a bedroom, this is easy money that can offset your mortgage expense. An extra perk here is that you don't need to hire a property manager because you're already on site.

#2 Flipping Properties

Another way to get involved in real estate investing is through flipping properties. You've probably seen how it's done on HGTV, but be assured, it's NOT as easy as it looks!

Flipping properties requires a good understanding of the housing market so you can find a property that might be undervalued. Flipping also requires handyman skills or access to a contractor who can do a good job for a reasonable price.

If you're pursuing this path, time is a precious commodity, as you'll be making mortgage payments while you're renovating. Try and get it done quickly.

#3 Short-Term Rentals

Depending on where you live, short-term rental properties can be a great investment opportunity. Tourists and vacationers are often on the hunt for weekend getaway accommodations. Making $500 a weekend on condo rentals is a great way to go. With this route toward real estate investing, Airbnb or Vrbo can be your investing partner by finding the tenants and handling the booking.

#4 Real Estate Investment Trusts (REITs)

Finally, real estate investment trusts (REITs) are a solid option for young investors just getting started without a huge nest eg. REITs offer the benefit of investing in property without the weight and management responsibilities of private ownership. 

Whether it's a collection of residential properties, commercial warehouses, apartment complexes or even large data centers, buying into a REIT gives you access to returns you might not see as an individual investor.

Interested in learning more? Check out our article REIT Investment Strategies: A Guide For The Everyday Investor .

The Takeaway

In the end, there are a few obstacles and precautions to take when it comes to real estate investing in your 30s. On the flip side though, there are some great ways to make it happen if you're willing to start slow and build up some equity.

The longer you own an investment property, the better investment it becomes. If you can take care of eliminating debt and prepare yourself for a worst case scenario, definitely try and get in the game early and watch your money work for you.