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All Forum Posts by: Eric M.

Eric M. has started 72 posts and replied 1510 times.

Post: Do reputable/proven Tax&Legal STRATEGISTS (& Tacticians) exist?

Eric M.Posted
  • Flipper/Rehabber
  • Louisville, KY
  • Posts 1,762
  • Votes 1,299

My experience is the opposite. Hardly a unicorn situation. There are many many qualified RE attorneys and CPA's who will give you forward looking advice. I can't say I have ever talked with one who didn't do this, though I am sure plenty of idiots exist out there. Maybe it is possible you are searching for someone who will give you this during a "free consultation"? That may be why they are evasive. You do need to pay them. They give the best advice to paying clients, not random people digging for freebies.

Several knowledgeable ones post regularly here on BP. (for free) Read a bit. Search yelp. There are racks of books on RE tax law. Heck, there are many great videos on you tube that cover this.

Unless you are talking about a very complex or unusual transaction or situation, not only would I expect virtually any RE attorney and CPS to do this, you should be able to learn enough to cover 95% of all transactions yourself very easily. It isn't that difficult.

Post: Chicago Lenders Specializing in Loans Under 100K

Eric M.Posted
  • Flipper/Rehabber
  • Louisville, KY
  • Posts 1,762
  • Votes 1,299

doesn't seem complicated to me.

70K purchase - Put 14k down and borrow 56K

Borrow the 70K rehab for a loan of $126K.

With an ARV of 180K this should be no problem.

Post: Do you buy title insurance policy on quick flip properties?

Eric M.Posted
  • Flipper/Rehabber
  • Louisville, KY
  • Posts 1,762
  • Votes 1,299

I have always bought title insurance but I have not done something as short as 8 weeks.

I did read about something called an insurance "binder" that seems to be a sort of temporary title insurance specifically for this short term ownership situation. The implication is that it is much much cheaper. But I have never used it and don't know the ins and outs.

https://spruce.co/blog/how-do-...

Post: Would you invest in the most Dangerous cities in America? Ranked

Eric M.Posted
  • Flipper/Rehabber
  • Louisville, KY
  • Posts 1,762
  • Votes 1,299
Originally posted by @Marcus Auerbach:

Never trust a statistic you don't fully understand!

No better advice has ever been given on BP.  Although I would say never "jump to conclusions" about it. It might be a trustworthy stat, but it likely is not relevant to the question or you need much more information to know if it is relevant.

Sooooo few people have a clue how to interpret statistics. They draw ridiculous conclusions. This is half the problem with the election craziness. There are even PHd's out there who are misusing statistics badly. (maybe on purpose)

Analyzing cities for RE investments solely on one single crime statistics is super dumb.

Post: Would you invest in the most Dangerous cities in America? Ranked

Eric M.Posted
  • Flipper/Rehabber
  • Louisville, KY
  • Posts 1,762
  • Votes 1,299
Originally posted by @Bruce Lynn:

Maybe for housing for medical personnel.  Hospitals must be busy there.

You fundamentally have no clue how hospitals work if you think that the amount of violent crime is the key factor in whether they are busy.

Post: Good contractors in Chicago?

Eric M.Posted
  • Flipper/Rehabber
  • Louisville, KY
  • Posts 1,762
  • Votes 1,299
Originally posted by @Shahab Siddique:

Hi all, 

I'm doing a fix and flip in the Hinsdale area, and looking for good contractors. The job is likely going to be in the 70k-130k range.We would be starting sometime in December, probably mid month. 

Good luck. If you are just looking for contractors now, you are not starting mid-Dec. On a good sized job, you won't even have a price by mid December. You might get demo done by early January. Prepare for some high quotes. Contractors are realizing they have good pricing power right now. They hit you with a big price, take it or leave it, they have plenty of work. 

Post: The Death of the Wholesaler?

Eric M.Posted
  • Flipper/Rehabber
  • Louisville, KY
  • Posts 1,762
  • Votes 1,299
Originally posted by @Curtis Harvey:

@Steve Morris, Since I have to money to close on every deal, I am most of the time the end buyer.  And then I wholesale or use other disposition methods.  If they ask I will tell them the about my exit strategies of which wholesaling is one of them.  You may think that it is a big issue (because you have mentioned it a few times), but sellers are hurting out there and they are looking for someone to help them.

There are Brokers and Agents all over the commision website with actions that are unscrupulous activities.  There are wholesalers that cross the line as well.  I would never assume that all Agents or Brokers are that way and all I ask is that you do not assume all wholesalers are that way.

It is disingenuous for you to call yourself a wholesaler in the context of this thread. You aren't. You are an investor...a flipper. You would not be effected my these wholesaler licensing laws so it is apples and oranges.

Post: The Death of the Wholesaler?

Eric M.Posted
  • Flipper/Rehabber
  • Louisville, KY
  • Posts 1,762
  • Votes 1,299
Originally posted by @Andy W.:

"I can see where some people get a bad vibe, but you have to look at where they are good."

--------------------------

But that is not how the law works and not what this thread is about. Telling a story about a good wholesaler is irrelevant. Getting a bad vibe is irrelevant. The problem is some wholesalers take advantage of vulnerable sellers, and the question is what laws could be effective to prevent that?

This thread is not a discussion about whether ALL wholesalers are bad or whether they can be of benefit. Of course they can, but that is not what legislators are concerned with. They are concerned with the ones who are bad and want to take advantage of the seller. Doesn't matter if it is 50% of the deals or 5% of the deals. The government needs to look into regulations that will eliminate the scams. This is what the thread is about. Laws which will help eliminate those scam deals.

And no these laws are not the "death of the wholesaler". They just need to get licensed and be legit....then they can wholesale all they want.  Good wholesalers should welcome this regulation because it helps get rid of the fly by night competition. Anyone complaining about having to be licensed makes me wonder why don't they want the scrutiny? What are they hiding from?

Hopefully, this could be the death of the scam wholesaler. Probably not, but that is the idea....and a good one.

 

Post: The Death of the Wholesaler?

Eric M.Posted
  • Flipper/Rehabber
  • Louisville, KY
  • Posts 1,762
  • Votes 1,299
Originally posted by @John Nachtigall:
Originally posted by @Simon W.:
Originally posted by @Steve K.:

@Dan Powers Consumer protection laws exist in every industry to protect the public from unscrupulous business practices. That’s why agents are licensed, have to take ethics courses, pass background checks, follow rules and are regulated by a governing body. Wholesalers are basically brokering real estate without any standards in ethics or oversight, which often leads to members of the public being hurt financially. It doesn’t seem difficult to enforce, as every real estate transaction has a paper trail of what transpired and who was involved, and wholesalers have to advertise their “services” somewhere which exposes them. Brokering without a license is already illegal in all 50 states, and despite what the gurus teach, most wholesaling practices meet the definition of brokering real estate. If wholesaling gets popular enough to be considered a real problem (currently a lot of folks try it for a few months maybe, but most never actually do a single deal), there will be more clarity on the existing laws and increased enforcement of them like we’ve already seen in a handful of states like Illinois, Ohio, Oregon, Washington, Colorado, and now Pennsylvania apparently. I don’t understand why wholesalers don’t just get their license and operate above board. It’s not like it’s difficult to get a license. Reasonably good agents make a lot more $ than 99% of wholesalers do, and deal with less BS. If somebody can make it as a wholesaler, chances are they’d make a great agent. Wholesaling is basically doing the least desirable part of being an agent, for a one time payoff through fooling a seller that will likely never want to work with you again or recommend you to their friends. Id much rather build a legit business over time based on repeat customers, referrals, and providing quality service. Wholesaling just seems like a hassle to me, and there’s always the risk of getting in trouble with the law or being sued when a seller or their heirs realize they’ve been screwed out of their equity by someone basically brokering real estate only completely the wrong way.

I am a bit confused with your statement. Do you understand what Wholesaling is? Majority of the wholesale deal makes makes a lot more than an agent. 

For a common scenario:

Fair Market Value: $100K

Commission 6%: $6000

Split between 2 brokers: $3000

Split between the broker and agent (say 50%): $1500 is your take home pay

Wholesale Price: $70K

Assignment fee: $2k-$7k

Wholesaling is a legitimate business. Same as if you were selling items in bulk to retailers. 

What law is there to risk lawsuit? It's a simple Purchase Agreement with the clause to assign. 

If both parties sign, the seller is willingly to sell at the purchase price.

The people who think they got scammed, how did they buy their house? How did they determined how much their house cost back in the day?

How is wholesaling equal to brokering? 

Listing Agents/Brokers don't have to sign the purchase agreement and close on the house. Yes, a lot of the time there is a clause for the wholesaler to get out. But Brokers don't have to sign the purchase agreement and they get to market the house for 6mo-1yr and letting it sit there without anyone buying.

With wholesaling, the agreement is short and the seller is banking either that person or someone is going to buy it by the expiration date.

Yes I understand the agents' view, but agents are doing things differently than wholesalers. 

I am not a broker or a wholesaler.  I could care less how much money either brokers or wholesaler make.   This is capitalism and it is not the role of government to cap profit.   It is also not the reason regulation of wholesalers are needed.   

1.   In my opinion the primary issue is lack of funds.   Specifically entering into contracts without the ability to execute those contracts.   That is (best case) lack of good faith and (worst case) fraud.  There is not a single wholesaler who approaches the seller and says "I want to contract to buy your house for ~70% value minus repair value and hope to sell the contract to a buyer before I have to actually produce the cash".   That is the actual truth but they go to great lengths to hide it.

2.   Related to the first issue is tying up properties only to back out of the contract.   By targeting the "distressed" sellers they specifically put themselves into a situation where they have all the power and control leaving the seller none.  Lack of education...super.   Financial stress....lets go get them.   Medical problems...cherry on top.   Just sign my magical contract and I will solve all your problems until 2 weeks rolls around and they ghost you and you are even deeper in the hole.   Search out all of the threads on biggerpockets that are title "I got my first contract now what do I do".  Wholesaling is specifically marketed to novices who have no experience and no money.  While there are very experienced and competent wholesalers, most of the industry are amateurs who want a quick buck.   Regulation can drive them out while leaving the professionals.  

3. Pretending not to market the property.   I have never seen a single wholesaler market the contract.   The ad copy never says "Excellent contract, Legal sized paper, 5 pages, blue ink, bonus inspection clause for 15 days, assignment available for 10k".   They market the house.   No one is fooled, no one thinks the loopholes or cagey language is clever.   They are putting a property under contract and marketing the property for sale to cash buyers.   That is brokering and that is regulated.

4.  Not wholesaling directly, but as far as I am concerned there is a special circle in hell for "subject to" specialists which are just a more specialized wholesaler.   Convincing someone to sign over their biggest asset while leaving them with the debt is never a "win/win".   It is (IMO) quasi-legal stealing from unsophisticated desperate sellers.   At least when they actually buy the property the transaction is done.   With "subject to" they are still on the hook for all the debt without any asset to back it up.   Their net worth plummets in exchange for an illusion of relief.   In reality they are worse off than before.   In my mind it is no better than maggots cleaning the very last meat off a bone when all the other carrion have had their fill.   Truly disgusting.   

I am fully aware of the counter arguments of "solving problems no one else will solve" and "the deal maker is the most important person in a deal and needs to be compensated".   Whatever benefit wholesalers bring to the property ecosystem is outweighed the damage they cause.   That is why regulation is needed.  Buy the house then resell it.   Stop cutting corners.  Safeway does not "wholesale" my lettuce and assign me a contract for the lettuce at checkout.   It is not wholesaling, it is just taking advantage of desperate and/or uneducated people.  

You misunderstand the intention of the laws. It is not to cap compensation. It is to help ensure the seller doesn't get ripped off. It is not about caring how much money a wholesaler makes, it about caring whether someone's Grandma gets scammed. Do you care about that?

Just like many laws, these are written for the small minority of people who are vulnerable. They are elderly or low educated and do not understand how the RE process works or where to get help. It is not always because they are stupid. Some people don't understand how things work for any number of reasons. Very often these are situation like.... Grandpa dies and grandma never dealt with business stuff before and she is struggling to care for her older house. She doesn't want to burden her busy kids or has no living kids and a nice man sends her a letter saying he will buy her house. But the man is not that nice and he is a CAPITALIST who sees a great opportunity to maximize his profits. It doesn't end well for her. This is all too common and I hope you can find some compassion for these people.

Capitalism chews these people up and spits them out, which is not great for them or the society as a whole. We don't have pure capitalism here and IMO we don't want it, because sometimes people need some help and some protections. Whether these laws will actually succeed in protecting them is up for debate. But this has proven to be a big enough problem that it needs to be addressed.

Post: The Death of the Wholesaler?

Eric M.Posted
  • Flipper/Rehabber
  • Louisville, KY
  • Posts 1,762
  • Votes 1,299
Originally posted by @Simon W.:
Originally posted by @Slawek Jakubowski:

@Simon W. many of those sellers are lead to believe that his/her house is worth less than it really is.

 And they could've simply go to an agent and ask for a second opinion, no?

This is the whole problem. Many of the people who are taken advantage of by these deals don't even know they can call a realtor and ask. They are not educated or don't communicate that well and they simply don't know their options. They are elderly and often very confused by the process. They don't know what you know.

If they do try to call a realtor they would often get the brush off. They don't know how to adequately explain their situation. Realtors often don't want to deal with the home in poor condition and they don't really know how to value it either. 95% of Realtors want a pretty house that looks good in pictures and gets retail price. They literally don't know what to do with other types and don't want the hassle. So simply calling an agent often doesn't work.

The whole point of these laws is to force them out into the light of day where the seller is more likely to get better information rather than back room deals where they only hear from one person. If the buyers are licensed and they know the transaction is "visible" they are more likely to act ethically.