Let's say the blogger form Colorado is correct - he stipulates:
* The investor MUST make a FULL DISCLOSURE of the intent to make a profit off of the immediate re-selling of the home – to both the BANK and to the SELLER.
* The investor CANNOT have a simultaneous close – meaning: The home must belong to the Investor for a period of time before being resold to another Buyer, even if it is only for just 24 hours.
* The investor MUST have WET (available) FUNDS to purchase the home even WITHOUT a new buyer. Basically, each deal should be able to stand alone.
That's very easy for most to comply with. If you do not have enough personal cash to be able to borrow hard just in case your flip does not go as planned - then do 2 flips with someone else and voila you will have enough money.
It just takes 10% and you can line up some HML to back you just in case. As for holding for 24 hours.... hold for 48 and pay a little more to the transactional funder.
As for disclosure - well if you are not already fully disclosing to all parties then you are "crazy". Disclose! Disclose! Disclose!
And, for the record..... How is it that these multi billion dollar quasi public/private institutions like FREDDIE cannot figure out how to protect themselves against the little investor doing a flip? Is it really possible that they are not able to conduct a transaction where they know the true value of the property? Are they really claiming that we are smarter than they? Sorry for the rant - but really - the institutions are more than capable of protecting themselves without crying fraud at every turn. There are a dozen ways they could ensure they are protected ... the reality is that they want cash offers that will close in 15 days and they want the guy who is paying cash to pay full retail price as if they were financing the deal...... What B school did they attend? A friend of mine works with cars - he buys with cash at auction then re-sells to finance (payment) buyers at a higher price - this is how our economy works. A wholesaler works/creates a deal and then sells to a retail buyer for a spread - how is this fraud?
OK I am done. No more espresso for me.