Skip to content
×
PRO
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
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
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: Jan Paikin

Jan Paikin has started 3 posts and replied 5 times.

Hi,

We have a SubTo/Seller Financed hybrid deal that also has a Lease Option as the seller is an owner-occupier within this 3-unit. The other two units have been short-term rentals.

The Lease Option is for us to be able to “occupy” the two rental units and allows the seller to stay in their unit for 5 years at which time the balloon payment is due. 

Happy to give more details to the potential lawyer out there.

Post: Lease to own, “subletting” a STR

Jan PaikinPosted
  • Posts 5
  • Votes 0
Quote from @Account Closed:
Quote from @Jan Paikin:

Hi team Pockets,

We are in early discussion with a Seller to do a lease-to-own Seller Financed deal on their 3-unit property.  They want to stay in their unit for 5 years and we are ok with that.  

From a business formation standpoint, as the "leasee" essentially subletting the other two units can we/should we create a business (an LLC)? What's the advantage in this scenario?

Our initial thinking is we want them to stay on the Deed to utilize tax exemptions  (as we may pay do portion) they are receiving as it saves $7,000 / year, but they are still paying $7,000 / year. But it also prevents us from writing off property taxes (up to $10,000), so does that even become a benefit to us?

Your comment "lease-to-own Seller Financed" are two different strategies. With Lease to Own, you don't own the property nor get the tax write offs nor any principal paydown. Some of that can be written into the agreement, but not all. Not making the payment leads to eviction. They are still on the deed, you are not. They can incur liens on the property or take out an additional loan against it. You can't.

With seller finance, they are the bank. You own the property and get the tax write offs, principal paydown, and make payments to them. Not paying them leads to foreclosure. That is very different than an eviction and takes much longer.

I always prefer to be the only one on the deed, so I can control my ownership and utilize the property anyway I want, without having to get their permission. Yes, there can be a Due on Sale clause, but I have ways to handle that.


Hi Ken! 
Re: They can incur liens on the property or take out an additional loan against it

Any suggestions on how to address this in the Seller Finance agreement? 


Perhaps require a yearly search and/or written statement that no liens have been filed in the last 12 months. AND that no additional loans have been taken out unless both parties agree to the loan and it’s terms?

Post: Lease to own, “subletting” a STR

Jan PaikinPosted
  • Posts 5
  • Votes 0

Hi team Pockets,

We are in early discussion with a Seller to do a lease-to-own Seller Financed deal on their 3-unit property.  They want to stay in their unit for 5 years and we are ok with that.  

From a business formation standpoint, as the "leasee" essentially subletting the other two units can we/should we create a business (an LLC)? What's the advantage in this scenario?

Our initial thinking is we want them to stay on the Deed to utilize tax exemptions  (as we may pay do portion) they are receiving as it saves $7,000 / year, but they are still paying $7,000 / year. But it also prevents us from writing off property taxes (up to $10,000), so does that even become a benefit to us?

Hi, I meant to keep this first inquiry post Simple so I’m sorry if it should be broken up into multiple posts!!

We have a Seller who is interested in a Seller Financed deal (as the subject noted).

3-unit, elderly married couple live in one of the three units and have since they bought the property in 2005. The other two units are Short-term rentals (STR). They are open to an Installment Sale but want to stay in their unit for 5 years, and in our very early conversions have said they are open to a Lease-to-Own situation….which is its own topic to discuss later especially the idea of splitting certain Expenses.

I’d like to be steering the agreement so I’m doing some homework and asking question on here. The plan is to talk with them again in mid-December when we stay at their AirBNB. We have stayed there 5 times in the last two years and they genuinely seem interested in my partner and I getting the property.

I am open to any input you good folks on here have, and have listed a few questions to chew on.

Before we get too far into discussions I am thinking of spending due diligence dollars on the following;

-Private appraisal

-Seeing if there are an open code violations (the town charges to pull these up).

-Current on property taxes

-Current on mortgage / any line of credit

-Title report

-Inspector (for our own benefit)

Re: splitting expenses as they want to stay, I’m looking for advice on whether we;

-Pay their monthly outstanding mortgage (saw there still is a mortgage via county clerk records) because it seems weird to charge them rent, AND we want to utilize the Age and income related tax exemption they are receiving while they are still living on the property if possible…which is a more nuanced discussion for maybe another post as I don’t want to get into the “weeds” talking about Capital Gains and Adjusted Gross Income, etc.

The split on bigger ticket expenses? 50/50, or 65/35 since we will have the ability to rent the two units as STR.

-property taxes

-Insurance

-Repair / maintenance

-CapEx reserve

I'd like the Seller to provide a list of upcoming CapEx that they are aware of as there is only so much I / an inspector will know with some poking around. The owners have been in the house since 2005 and know the property intimately.

We will be visiting / staying at the property as much as we are able , it’s 2hrs away, and we’d like to rent the units at least 50% of the year, 182 nights. The Seller has been renting the two units through AirBNB and a Squarespace website they created and maintain.

There is a cleaning service, but should we split any of the rental revenue with the current owners or just clearly defined them as an on-site property manager and maintence, and pay them for the service? We’ll have an agreement about expenses over a certain amounting needing our approval.

We realize will need to pull in a tax advisor, an accountant, and our lawyer, in an effort to make this a win-win agreement as much as possible. The property is in Upstate NY, and we are open to referrals for the aforementioned!

Hi, I’m starting to learn about Seller Finance, how would you close through escrow in a Seller Finance agreement?