Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Al Fernandez

Al Fernandez has started 0 posts and replied 19 times.

Originally posted by @Ellen Jester:
Originally posted by @Al Fernandez:
Originally posted by @Luke H.:

In Texas
Realtor Question: I went to see a property today and the realtor gave me the vibe/feeling that she didn't want to show me the property. The change in attitude started when I asked if the seller would owner finance. Anyways, I heard that there is a law that says that I can go with or be on the call when the realtor presents my offer to the seller. Is that true? Is it law that they have to present my offer to the seller? Any other ideas would be appreciated.
Thanks

I have approached the direct seller a couple of times where I felt the realtor was not on the up an up or when I wanted to represent myself with no buyers agent where we could split the 3% buyers agent commission. No law says that you can't do that . Use zillow  and the local property appraiser sites to get the home owners name then do a little online searching and you can get their email ,phone number, and primary residence home address.

it has a 50/50 success rate for me so far. 

In Texas, before the For Sale sign even goes in the yard, the seller & list agent have agreed to the commission that will be paid at closing.  Further, when the seller signs the listing agreement, he/she also specifically agrees to not negotiate with a buyer who may contact the seller directly, but rather refer the buyer back to the agent/broker.  I'm happy to point to the paragraphs in the listing agreement if you want confirmation of this fact.  

A lot of buyers think that they can save the seller 3%, or the buyer & seller can split the buyer agent commission, but it is prohibited under the agreement the seller signed before the property went on the market. If the property is a FSBO or not already listed, for sure -- go for it. But if it is, I don't see the upside to a buyer not using a buyer's agent -- it likely won't cost you a dime, and you will have someone guarding YOUR interests, and handling the coordination of the many, many aspects of the transaction to ensure a smooth closing. Plus, you can relax knowing it's the agents job to ensure you don't miss something which may result in costly delays or breach of contract.

I wasn''t suggesting to bypass the listing agent or listing fee. However when listing a home there are typically 2 fees, the sellers agents 3% and the buyers agent 3%.

What Im suggesting is , if you found the house yourself via zillow or other means to contact the seller directly and offer to work with their realtor. However, let them know that you want to split the difference of the buyers 3% commission since you are representing yourself as the buyer .  Everything is negotiable. Fees and prices can be discounted multiple ways. Clearly the seller was willing to pay 6% commission . but now the seller is saving a little money by paying 4.5% commission vs 6%. So the buyer saves 1.5% , the seller saves 1.5% of the negotiated price, and the selling agent is still getting their 3%.

I have seen deals where the selling agent has made the deal work by reducing their own commission to get the seller and buyer to come together. There are ways to get it done legally.

Contracts that would require the listing agent to get both the sellers and buyers agent commission when the home owner produces the buyer or a non agent represented buyer comes along  only shows that contract is to protect the best interest of the listing agent and not the seller. I would advise nobody to sign such a contract which is clearly prohibitive towards the sellers best interest and solely beneficial towards the listing realtor. At minimum atleast the buyers agent commission should be significantly reduced if the seller or a non represented buyer comes along.

Another option is to hire a buyers agent that is willing to split the 3% commission with you. 
I know its not popular with realtors but technology is changing the game and giving the buyer and seller more power when it comes to real estate.

Originally posted by @Brandon Dallas:

Hey guys,

long time lurker and need some assistance. I have an investment property that I currently own in pinellas county. The property doesn't currently have a mortgage and a tenant has been in place for a year. My wife and I would like to do a cash-out refinance on the property, so we can use the money as a down payment for a primary home residence up north. This is my first time applying for a mortgage and general, and it seems very overwhelming especially at a time like this when everyone is attempting to refinance. Credit score is 740+. Can anyone give me some and let me know what I can expect during the process? What banks/lenders do you recommend we talk to that will be welcoming? Credit unions? Any advice is appreciated, thank you.

I find that credit unions are the best places to start if your finances are in good order. At-least with my credit union they have always have been able to beat the independent mortgage brokers and all the online companies in rates and closing costs. More importantly they are very upfront right from the get go. The only issue I have seen with the credit unions is despite having great credit history ,scores, and finances they typically have more limitations with their rules.

For example I have a property that I purchased for my parents and therefore produces no income. My credit union wont allow me to refi it as a secondary home because its within 50 miles of my primary and occupied, but they also wont let me refi as an investment property because its not income producing. In the end it didn't really matter because they are so busy they stopped taking new refi until an unset date.

Also right now due to demand and uncertainty in the market it appears that the rates are artificially higher than they should be with the lenders that are still doing Refi , despite how well your finances are. 

Originally posted by @Luke H.:

In Texas
Realtor Question: I went to see a property today and the realtor gave me the vibe/feeling that she didn't want to show me the property. The change in attitude started when I asked if the seller would owner finance. Anyways, I heard that there is a law that says that I can go with or be on the call when the realtor presents my offer to the seller. Is that true? Is it law that they have to present my offer to the seller? Any other ideas would be appreciated.
Thanks

I have approached the direct seller a couple of times where I felt the realtor was not on the up an up or when I wanted to represent myself with no buyers agent where we could split the 3% buyers agent commission. No law says that you can't do that . Use zillow  and the local property appraiser sites to get the home owners name then do a little online searching and you can get their email ,phone number, and primary residence home address.

it has a 50/50 success rate for me so far. 

Originally posted by @Alla Minchenkov:

We are considering buying a house, which was listed as-is. The house has a lot of issues and requires a lot of work. Our offer has inspection contingency with void only, given the house was sold as-is. Can we go back with an addendum to include the inspection contingency with the right to negotiate or void? Or shall we give head ups to the seller that we will need to negotiate based on inspection findings to make the deal happen? Please advise. Thank you.

Yes and NO, everything is negotiable.

We put an offer on a "as is property with right to inspect" and after inspection we found 40K in damages and sent the inspection report with the associated cost to fix each of the issues discovered and sent it to the sellers agent .


The Sellers agent initially told us the contract was as is. We responded with that we understand, but if the seller doesn't come down in price by 40K for the repairs then we would like to void the offer.Long story short they accepted the counter offer to drop another 40K in price.

So its doable and depends on the market and the desire for the seller to sell.

Post: Unit smells like WEED

Al FernandezPosted
  • Posts 20
  • Votes 11
Originally posted by @Maya Torres:

@Al Fernandez Might be but when I told her I received a complaint about the smell of Marijuana she said she doesn’t smoke so I know she doesn’t smoke it medicinally.

if its for medical use she may not have to legally disclose to you that she is smoking it.

However, If the tenant is not cooperating then I would have the neighbor  call you or the cops immediately when its occurring and try to keep track of the hours and days it usually occurs to inform the cops and hope of catching them in the act.

Post: Unit smells like WEED

Al FernandezPosted
  • Posts 20
  • Votes 11
Originally posted by @Maya Torres:

Well guys..what can I say. The fun never ends. Day one with a new tenant in my duplex, and the tenant next door text me that her unit smells like weed. I lived next door to my tenant for over a year and she doesn’t smoke week. The new tenant signed a non-smoking agreement. So how do I tell her to not smoke weed again in my unit without accusing her of smoking weed? But really, I obviously don’t know for sure but this isn’t a coincidence. Help please!

 Is medical MJ legal in your state ,does the tenant have a valid prescription, and do they legally have to tell you what medication they are taking?

Would having a legally prescribed MJ prescription superseded the "No smoking clause"? Curious how this turns out. Might be worth looking into the legality of it all if its legal in your state. 

Originally posted by @Mark Weinstock:

With these category 4 and 5 hurricanes becoming the new normal here in Florida thinking about selling my house while I still have one and building a container home their virtually 100% hurricane safe.Having some troubles finding a piece of land in Broward County to build it on. Anyone specialize in land or maybe someone might have some suggestions how I might find ?

 Why aren't you looking at concrete versus a container home? I think you are going to be hard pressed to find a lot that will allow you to put a container home on that doesn't involve acreage and outside of city limits with very loose county regulations.

It reminds me of the HGTV shows about tiny homes. Have you ever noticed that just about everyone of those shows they build the home on their family or friends lot in the boonies . It doesn't appear that county ordinances are keeping up with the latest alternative building trends. Not even campgrounds allow you to have a tiny home.

Goodluck as I'm always interested in alternative building methods and trends.

Originally posted by @Justin Tippens:

Exploring a possible rental property that is listed on MLS and all the websites. Looks like a deal. Absentee owner. Should I make an offer to owner independently or go through the agent?

Both.

I would contact the owner and let them know that you have no problem using their listing agent. However, you would like the 3% buyers agent commission or at minimum to split the commission in half , or take it off the agreed purchase price .

Originally posted by @Justin Reyes:

Hello my name is Justin Reyes and I’m 30 years old. I been working for a company for only 3 years and have about $30k vested in my 401k. I want to take it out and buy my first property to possibly hack or 1031 exchange. I know it’s risky because I don’t have a lot of experience or don’t have anyone to teach me tricks besides listening to Bigger pockets podcast but I’m willing to take that risk. I have a good paying job also that can help with the process. I just want to one day create passive income and be able to spend more time with my new daughter. Does anyone have advice for me?

Instead of cashing out have you considered taking a loan against it. 401K differ between companies so you may want to look at your options.

Typically the interest you pay is to yourself and their is no tax hit or penalties. You just want to make sure that when you take out a loan that the market is high , because they have to sell your stocks to give you the loan. This can be a good option if you time the selling and buy back properly.

If you are cashing out then as others have said ,you will at minimum take a 10% early withdraw penalty right of the bat. Also depending on your current tax bracket that could also hit you pretty hard come April.

I'm not so against doing either one and depending on the market and timing it can be a great investment.

However. make sure you understand the pros and cons and the best timing to do it, before pulling the trigger. Also make sure the property/investment is worth it and don't waste it on non investment type expenses.

Originally posted by @Nicole Heasley Beitenman:

Hi BP! My 2013 Jeep Compass has a dying transmission; I bought it used in 2015. I've seen multiple mechanics/transmission specialists; it's got a CVT transmission which are seeing tons of issues around the 6-year mark, exactly where mine is at. I'm looking at $3k minimum to replace. I just put $2k in it last spring, so I'm not happy with this car at all. Mechanics are suggesting I trade in while the car is still under 100k miles and still has some values attached to it. 

I'm pretty disheartened. I was really banking on this car to last at least 10 years so I wouldn't have a payment for a few years and could put that monthly payment towards more investments and paying down my student loans. Now I'm looking at a whole new loan, and with inflation, I'm sure I won't get the same deal I got 6 years ago. I'm trying to bring my monthly living expenses down, not up. 

What do I do? Bite the bullet and get a "new" car/loan? Fix the old car and hope this is the end of the repair woes? I drive from Akron to Cleveland for work; that's a lot of snow, and I don't want something too small or unsafe. Any advice? TIA!

 Since its a jeep, I would recommend that you jump ship now as its likely to only get worse with more issue. Sometimes even the same issue. I have owned several of them and I love to drive them but they are POC and unreliable. My wife and I have to keep reminding ourselves every time we go car shopping to avoid them, because they are tempting.

Just about everyone I know that has had one, feels the same.

Last time I checked consumer report had Jeep listed with the worst reliability rating but highest customer satisfaction. If you owned a jeep in the past would then you would understand why that is. They are just fun to drive.

Also I can't express enough to go and register on consumer report. They have been right on the money with the issues I have had with prior cars.