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All Forum Posts by: James Warner

James Warner has started 1 posts and replied 5 times.

Kinetic actions have a time and a place, but until then, I’ve had good luck doing eviction research here and on the associated links: https://www.nolo.com/legal-encyclopedia/how-evict-tenant-north-carolina.html

Post: Deal turned down bc of my “$1” earnest money..

James WarnerPosted
  • Denver, CO
  • Posts 5
  • Votes 1
Originally posted by @Matt Shields:

I generally require at least 1% of the purchase price, any less and I feel it shows they lack confidence in being able to close. In a seller's market, I also remove the financing contingency and make the money go hard after the inspection period.

As always, seek professional advice. 

This has always been my experience, the EM should be a percentage (usually 1-2%) of the ask/offer.  The idea of $1 as EM is ludicrous and a great way to get laughed out of my office as either buyer or seller.   That so many people have a set dollar amount ($1k, it seems) is an interesting idea, but not one I'd experienced before.

Post: How to pay a private investor?

James WarnerPosted
  • Denver, CO
  • Posts 5
  • Votes 1
Originally posted by @Mary B.:

some times you can type a question in the search box and vwala. however, I recall just reading this maybe a week ago.   https://www.biggerpockets.com/renewsblog/structure...

kudos,

Mary

Yes, I have searched and saw that, but I’m not exactly in the multi-million-dollar kind of realm here.  Smaller businesses like mine are treated very differently from those in the article you linked to.

Post: How to pay a private investor?

James WarnerPosted
  • Denver, CO
  • Posts 5
  • Votes 1

I'm guessing this is the right sub-forum since this is a tax/withholding/legal/investor contract kind of question.  Please point me in the correct direction if I've put this in the wrong place.

I have wanted to invest in multi-family for a while now, just recently creating a single-member LLC to do this. While telling a friend about the business I created, he says he wants to throw in some of his own money as a passive investor in order to turn a profit on some cash laying around. As I'm researching properties for us, I'm left wondering how this transaction will go down and how I'd pay him.

To make numbers easy, let's say we find a $100k MFR and we want to go in 50/50 on the $30k downpayment as well as the subsequent mortgage on that property. The LLC is still new and has none of its own credit, so the property and mortgage will probably go in my name and be based on my credit score and debt/income ratio (all of which are fine). If would be easiest for this transaction if I personally closed on the property, cut the $30k check and signed for the $500/mo (or whatever) mortgage, then informed him that he owed me $15k and $250/mo for the next 30 years.

Then as rent checks come in (let's say 6 units at $800 apiece, so $4800/mo made out to the LLC), the LLC would pay the mortgage (-$500), the property manager (-$480 at 10%), set aside funds for maintenance/capex (another 15% of gross, -$720 in this example), any applicable utilities, taxes, insurance, etc (say another $500), that leaves us at 2600/mo. profit. Then the business will need to take some amount (say 10% of gross) and split the remainder ($2120) between the two of us.

- How do I structure the purchase?  Is this entirely a personal Fannie loan in my name or a commercial loan for the business?

- Is my description of closing anywhere close to accurate? At what point does the business start owning properties instead of me (I'm aware of the quit-claim process, but I don't want to give banks the opportunity to make a loan due immediately like this).

- How do I structure his payment out of this?  He is not a partner or employee in the business, he's only an investor.  Therefore, I don't think I need to withhold taxes, but do I 1099 him at the end of the year?  How do I treat him in this?

- Are my numbers toward the end of this reasonable (the company taking 10% for overhead?  splitting a 50/50 input as 50/50 output, etc?)

- I haven't fully wrapped my head around syndication, but I don't think that's what I'm doing here, or is it?  I know I can't approach other people asking for their money, but if it's important, he brought up the idea of contributing on his own.

Post: Setting up Business Entities

James WarnerPosted
  • Denver, CO
  • Posts 5
  • Votes 1

The way I did it (I am not a lawyer or CPA, just a step or two ahead of you in researching and doing this process, so I'll share my experience):

- I researched my state's Secretary of State website to make sure my desired company (LLC) name was available, then registered my LLC with them.

- I then provided that LLC information to the IRS' EIN registration page, resulting in an EIN for my company. Technically, mine is a single-member LLC, therefore the IRS considers it a "disregarded entity" and this step is superfluous at this point.

- I then contacted the registered agent of my choosing and gave them the LLC information and EIN.

- I then contacted my bank and created a business account in the name of the LLC with the EIN and transferred funds into that account.

- Now, I can buy real estate (actually, I could have done this all along), but due to the "disregarded entity" status of my single-member LLC, the loans will be issued to in my personal name based on my personal credit score and my personal debt-to-income ratio, etc, in part because my company has no credit score of its own yet, and won't for years to come.

At some point, you can quit-claim the property into your business' name, but be aware that most mortgages have a due-on-sale clause so that by making that "sale" (effectively selling the property to yourself) your bank may require payment in full.  Many banks have historically not cared about this as long as they keep getting paid, but they are in their rights to require full payment in this case if they want.