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All Forum Posts by: Eric P.

Eric P. has started 55 posts and replied 461 times.

Post: New STR Law in Honolulu

Eric P.Posted
  • New York City, NY
  • Posts 470
  • Votes 348
Originally posted by @John Underwood:

This is very bad for VR owners that have properties in Honolulu.

Laws across the country are getting more restrictive against VR properties. You never hear of some law being passed that is pro VR.

I believe it is important not to have only VR properties and not have them all in the same place.

If you do have them all in one area and this is all of your investment income, a simple law change can sink you and depress market prices as everyone rushes to dump their properties on the market.

You can never predict when laws might get tougher on VRs and the hotel industry puts more pressure on these properties due to the income they are losing. 

I don't think the solution is to avoid having all your STRs in one place - I think the solution is only to have STRs in places that have supported them for the last 100+ years, such as Pigeon Forge, Outer Banks, Big Bear, Tahoe, etc. No one's itching to make STR illegal in Pigeon Forge for example bc the entire market is STR & has been for 100 years!

Post: Markets where Private Room STRs work?

Eric P.Posted
  • New York City, NY
  • Posts 470
  • Votes 348
Originally posted by @David Bergmann:

Hoping to hear from folks who have had success with offering multiple private rooms in a large house with shared living spaces. Currently only have experience with entire home listings, but considering this type of offering for our next STR home purchase. Some questions I am trying to answer are:

What demographic of travelers are staying in these listings?

  • Students, nurses, others?

      What locations have you been successful with this type of offering?

      • Near universities, hospitals, others?

        What type of homes does this work best in?

        • Locations, dedicated baths, other important factors?

          What do you think makes these types of offerings successful in your market?

            I think the #1 question is will you be living there also bc that affects where this is legal. This idea can work almost anywhere, the legal hurdles will be your biggest obstacle 

            Originally posted by @Juan Castro:

            Thinking about investing on rental properties in Florida, maybe a vacation home , would like to know about real experiences, specially when leaving a outside the state.

            Not sure where you live but I’d highly recommend investing somewhere warm where you can get year-round bookings like FL, GA, TN, SC, CA, HI. Iowa or Nebraska? Not so much...

            Post: VBRO/AirBNB Questions to ask

            Eric P.Posted
            • New York City, NY
            • Posts 470
            • Votes 348
            Originally posted by @Joshua Meisner:

            Hi BP members!

            We recently have refinanced to go into real estate investing, as we had a very large amount of equity and wanted to hopefully speed up our path to retirement.

            After discussing multi-families and placing offers on properties it is almost un-reasonable in the area I am in to invest in a multifamily due to the amount of work needed or the price listed right now.

            This brought me to looking into vacation rentals and possibly getting into condos to start in high traffic vacation areas that are close enough to me so if I needed to fix something I can be there in a couple hours, but far enough where I wont be able to clean them regularly.

            I have listened to advice from a few sources and decided to schedule a meeting with my CPA, who has done wondering guiding my parents in BRRRRs over the years to allow them very early retirement.

            I also have the opportunity this week to talk with a very passionate Vacation Rental guru in the area I am looking.

            What questions would you suggest asking these people when it comes to your first vacation rental - I have a list started but I know I am not covering everything important. Any information would help. I know I need to come up with a lease agreement and figure out insurance costs to make sure the numbers work prior to purchasing but what else.

            This will be our first investment purchase but we will have reserves to get another quickly provided all works out unless someone convinces me putting reserves all at a larger property makes more sense.

            Thank you!

            Josh

            Notice how most of the people here who are making the big bucks on STR live or invest in the warm parts of the US where they can get year-round rentals? Just my first piece of advice...

            Post: building more vacation cabins as a tax shelter?

            Eric P.Posted
            • New York City, NY
            • Posts 470
            • Votes 348
            Originally posted by @Debbie Berg:

            Let's say someone had gotten a chunk of money, this year, and wanted to invest it to avoid as much tax as possible.  Here's my idea, maybe someone can tell me if or why it is flawed... yep, I'm a newbie.  I'll admit that!

            I've had a vacation cabin rental in Alaska for almost 10 years.    I am thinking that if I used the money to build 3 or 4 more cabins, I could deduct that money as a business expense against this year's income.  It's a great market in our little town, and I am confident I could fill the cabins all summer.  Can I deduct, say, $60k, from a business income of say, $9000?  And show that loss against my other "real job" income" for the year?  Or would I have to just deduct a part of it for depreciation?  If so, how much, and can I take all of my depreciation up front somehow?  

            Thanks for the advice on this, or any other strategies for sheltering this money while creating a good investment!

            Thanks!

            Great question! The internet is a great place to start for tax advice but when you get serious I'd highly recommend you not only consult a CPA, but one who specifically specializes in REI such as @Daniel Hyman

            Post: Brian's Page's Airbnb formula

            Eric P.Posted
            • New York City, NY
            • Posts 470
            • Votes 348
            Originally posted by @Medhat William:

            I was wondering if anyone has tried Brian's Page's Airbnb formula for signing leases on rental units and then using the apartments as a full-time Airbnb

             Even better - here’s a thread on exactly that with 86 replies!

            https://www.biggerpockets.com/...

            Originally posted by @Wendy Schultz:

            Having been a STR investor, consultant, educator, and property manager for a number of years, I want to spread this piece of advice to prevent as many newbie investors as possible from heartache and money loss. And as a self proclaimed rule breaker, this pains me to even say it.

            Be 100% positive that you can do short term rentals in the property you're looking to purchase before you purchase. And not only that, be sure that you can operate it the way you want to before you purchase it. 

            Let me explain more using some examples...

            *A friend of mine recently purchased a property in Osceola County near Disney World, the vacation rental mecca, assuming that short term rentals would be allowed since everywhere nearby allows it. Turns out after we researched it, that particular parcel isn't zoned for STR. Ugh!

            *We purchased a property in a gated community with a 6 month minimum lease thinking that we could get away with having our friends and family stay there and pay us. Our nosy neighbors told on us and our guests got locked out of all the amenities, the gate and we got a slap on the wrist. 

            *We purchased a vacation property in a condo association that allowed us to rent on our own but when we tried to offer property management to other property owners who weren't happy with the onsite manager, we got ourselves into a lawsuit. They didn't have anywhere in the bylaws that you couldn't hire property management outside of the onsite property management but they made it difficult enough that it was hardly worth it. 

            *In Miami Beach, they are fining owners $20,000 for the first violation, $40,000 for the second, for operating in areas that are not zoned for short term rentals. https://www.miamiherald.com/ne...

            *In Orlando proper, they have rules that require the owner to stay on site with guests who are staying in your property. https://www.avalara.com/mylodg...

            And on and on they go. With STR being a newer animal for places that haven't traditionally been resort areas, municipalities are trying to figure out how to deal with them. Your best bet is to stick to areas that are traditionally vacation rental friendly and even so, do your research!

            Great advice Wendy, as always! As I’ve said on here many times before, the safest route is to invest somewhere where vacation rentals have been a part of the community for 100 years, such as Pigeon Forge, Outer Banks, Lake Tahoe, etc.

            Post: AirBnb starting question

            Eric P.Posted
            • New York City, NY
            • Posts 470
            • Votes 348
            Originally posted by @Scott Smith:
            Originally posted by @Mark Miles:
            Originally posted by @Scott Smith:

            You need to remain within the agreement of the loan you signed with, and by breaching that contract they have the right to call the note. I was mainly covering the first issue someone would run into if they attempted to purchase a property in their personal name prior to transferring it into an LLC - namely the Due on Sale Clause.

            If it were transferred directly into the LLC you may struggle with the issue of the Due on Sale Clause - though as mentioned there are recent laws that are changing how banks approach transfers. But, when you introduce the Land Trust you avoid the issue entirely. You can purchase a property into your personal name then transfer it into a Land Trust without breaking any laws. This is a protected transaction because of the St Germain Act, since it is considered an Inter Vivos Trust (an estate planning tool) and banks are not allows to execute the Due on Sale Clause in regards to a transfer of this type. Once the property is held by the Land Trust you assign the LLC as the beneficiary of the Land Trust, making it hold the primary liability for the property.

            In regards to renting that property you need to review the loan and follow the agreement. There are many people who have found ways to work creatively with the loans, you just need to ensure it is in compliance with the contract.

            Scott - I’ve read a lot of what you’ve said both on BP & on your web site, and it all makes sense. I have 3 outstanding Qs:

            1) Are you advising clients to proactively tell their lenders that, after closing, they will be placing the property in a land trust & then subsequently assigning an LLC as the beneficiary of the Land Trust? The one thing I can't seem to gather from all of your writings is the level of transparency that you encourage your clients to have with their lenders.

            Are your clients purposely trying to obscure this maneuver from their lenders by first placing the property into a land trust before assigning the LLC as the beneficiary of the Land Trust? Or are your clients being up front about all of this and disclosing their intentions to the lenders from the beginning?

            2) When you assign the LLC as the beneficiary of the Land Trust, you then need to change the named insured on the insurance policy to be the name of the LLC, right? Which the lender could notice at some point anyway if you haven't already disclosed to the lender that you'll be making these maneuvers, right?

            3) When deeding the property to your LLC, what do you do so that you don't invalidate the title insurance? Do you use a warranty deed & does that prevent the title insurance from being invalidated?

            Just trying to get a gauge on what’s happening here behind the scenes before moving forward. Thanks!

             Hey Mark,

            1) It's just up the the investor. It is a legal action and so some investors will make their intentions known to their lenders prior to the transfers, and others do not. Because it is an excluded transaction the transfer doesn't trigger the red flags a direct transfer into an LLC would flag. In the case a lender does have issue with the transfer you would just need to have the chat with the lender - I've held several of these calls for clients and other investors. It's not an attempt to hide a transfer from the investor's lender, it is just an optional step. Worst case scenario is the lender will be upset, but they have not legal recourse because of the exempted status of the transfer (unless you violate other terms of their note.)

            • If an investor has a personal relationship it may be best to let them know prior just as a personal favor, but professionally it would not be required.
            • The St. Germain Act : (d) "Exemption of specified transfers or dispositions" (8) "a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property; 

            2) You would use a warranty deed to transfer the property into the land trust. The warranty deed is used to maintain title insurance, as opposed to a quit claim. The investor would generally sign as the Grantor, be sure to pay all fees associated with the deed and be sure to complete all ancillary documents/forms that would need to be sent in with the deed in order for successful redecoration. As mentioned above, this does not trigger the red flags of a direct transfer into an LLC. Even if the lender does see the transfer via the warranty deed - it is a legal action and they have no recourse unless you are breaking the other terms of the note.

            3) A Warranty Deed is used, as opposed to a Quit Claim Deed, in order for the investor to maintain Title Insurance. Most Title Insurance companies will cease to offer insurance if a Quit Claim Deed is used for the transfer as the Quit Claim Deed offers no warranties as to clean title. So you are spot on.

            Great questions. The most time consuming part of the process is just making sure you identify and record all of the correct documents within the county, so be sure to do your due diligence in this regard.

            Great stuff here! Scott - when you purchase a property, you incur a real estate transfer tax. Are you able to then avoid paying another set of real estate transfer taxes during all of this maneuvering? (moving the property into a trust followed by changing the beneficial interest to an LLC). If so, how do you avoid it? Clearly you know more than I do on this topic, but I have heard of property owners being hit with another set of real estate transfer taxes when changing from personal name to LLC. I looked on your web site and didn't see this addressed anywhere - could be my naivete however.

            Post: Turnkey vacation rental

            Eric P.Posted
            • New York City, NY
            • Posts 470
            • Votes 348
            Originally posted by @Adam Harper:

            What questions to ask before closing on a turkey vacation rental beside the rental history and how to market the place? Thank you.

             Most importantly you should do extensive research on the market you’re buying in to decide for yourself if the rental history numbers the seller is providing seem even remotely realistic.

            Ps. A seller with a legit rental history will happily provide you with actual Airbnb & VRBO reports for the past few years. Funny how almost every seller who claims to have a great rental history seems to balk when I ask for the official Airbnb reports 🤔

            I would lean toward Option 2 mainly bc the Fed is projected to cut interest rates 3 times this year (& possibly more in 2020) so lower all those rates you mentioned.

            Option 1 will most likely earn you way less than 2.3% by end of 2020. And the cost of HELOC should be way less in the near future as well so you may get that 2.5% spread anyway. Borrowing costs should be getting cheaper & cheaper.

            That said, I wouldn’t necessarily invest ALL of your cash reserves down to the point where you have $0 in your bank acct. Couldn’t tell if you have any cushion beyond that $40k!