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All Forum Posts by: Bienes Raices

Bienes Raices has started 437 posts and replied 2472 times.

Post: 12 showings but no renter yet

Bienes RaicesPosted
  • Orlando, FL
  • Posts 2,498
  • Votes 280

Gary Clark 12 showings is not a lot. On my last one I had to show to about 50 people and reject about 9 apps before I got someone who qualified and moved in. Granted it was during the winter and it's a small house, so those factors didn't help.

Post: Best way to end M2M tenancy?

Bienes RaicesPosted
  • Orlando, FL
  • Posts 2,498
  • Votes 280

My relationship with one of my tenants is rapidly going down the toilet due to his non rent-related lease violations. It may still be salvageable but I'm trying figure out the best strategy if I have to terminate the M2M tenancy. Would it be safer to:

A) end it giving the shortest notice possible (I have to give at least 15 days notice in Fla.

B) allow them to stay until the end of the following month

To me, the advantage of A seems to be preventing them from using the security as last months rent, while B might make them less irate and likely to cause damage, and give them more time to get their act together and leave so that they don't become a holdover. What do you think? thanks

Post: Safety issues with garage conversion?

Bienes RaicesPosted
  • Orlando, FL
  • Posts 2,498
  • Votes 280

wow, old post...I pretty much avoid these houses now, unless it's a conversion that's easy to turn back into a garage.

Originally posted by Mike Neubauer:
At a minimum, I would check with a couple other insurance agents because having the LLC as the primary insured is very common. The only time an issue would come up with who is primary, umbrella, etc is if there is a problem. Unfortunately, by that time it is too late.

By just reading your post quickly, I instantly got the feeling that the agent is just inexperienced with LLC's and went with something he/she was comfortable with even though it may not be correct.

An issue could arise based on how you set up the LLC as well, whether it is a single member or multiple member, and whether it is member-managed or manager-managed.

The article I posted says that only non-standard commercial policies can have the LLC listed as named insured (rather than having it listed as Additional Insured). Are you referring to switching to a commercial policy?

Originally posted by Tim Norris:
The owner of the property should be the first named insured. My experience is that the carrier with whom the agent wrote the policy has certain underwriting guidelines that may not allow for the LLC to be the sole named insured. As to which you alluded, check with your attorney, but be prepared to have your agent find a carrier that can accommodate appropriately.

Thanks, but I think based on this article, I'm just going to leave it as is:

http://www.insuranceforinvestors.com/2011/08/the-problem-of-purchasing-insurance-in-the-name-of-an-llc/

I have it set up this way on my policy for the LLC property right now because they insurance agent said they could not do it with the LLC as the primary insured. They told me that if a claim is every paid out the check will be made out to both me and the LLC and both of "us" will have to sign the check.

They also told me they could put the property owned by the LLC under an umbrella policy since my personal name is listed as the primary insured.

Is there any problem in terms of the corporate veil protection in doing things this way? I actually emailed my lawyer about this but he never responded, so I'm posting it here to see if anyone knows. Thanks.

Post: Critique my holding deposit agreement

Bienes RaicesPosted
  • Orlando, FL
  • Posts 2,498
  • Votes 280

Thanks Chris--I'm going to look at them.

Originally posted by Will Barnard:
Originally posted by Bienes Raices:
Thanks--I didn't mean for taxes--I didn't claim this as a deduction. l mean could this cause a potential legal problem with the corporate veil by doing it this way (paying for the use of the alarm on the LLC property with my personal credit card).
Yes, it could as anything is possible and you are comingling funds. To prevent this, expense it and reimburse yourself showing a paper trail. From now on, pay the expense with LLC funds.

Thanks Will, I decided to do it that way.

Thanks--I didn't mean for taxes--I didn't claim this as a deduction. l mean could this cause a potential legal problem with the corporate veil by doing it this way (paying for the use of the alarm on the LLC property with my personal credit card).