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All Forum Posts by: William Morrison

William Morrison has started 2 posts and replied 173 times.

Post: DIY Windown installation fail

William MorrisonPosted
  • Investor
  • Silver Spring, MD
  • Posts 178
  • Votes 60

ok @Luka Milicevic great recap but you left out one important part.
How did your wife respond to your presentation?
Mine is still laughing.  Great thread.

Post: Single Member LLC and Limited Liability?

William MorrisonPosted
  • Investor
  • Silver Spring, MD
  • Posts 178
  • Votes 60
Originally posted by @Tom Olszewski:
Originally posted by @William Morrison:
Originally posted by @Jenifer Levini:

Hi Alex, I'm a lawyer in California. I can explain these concepts pretty simply.

In answer to your first question, dont worry about the terms 'single member' or 'disregarded entity.' Neither of those removes the veil that protects you from liability. The entity is disregarded for tax purposes. This means that the entity does not have to file separate taxes. The profits and losses flow directly to you and are included on a separate schedule in your personal tax return. The term 'single member' reflects that there is only one member and that member has 100% ownership, and the Articles of Organization are a lot less complicated.

Since you will be using this property for residential investment purposes, assuming you'll be having tenants in the property, its better to form the entity before you buy. And then buy in the name of the entity. That way if a tenant has a slip and fall on day one, your personal assets are shielded. When you buy a bank may ask for a personal guarantee. That's fine. They need to be able to go after you in case of default. Your LLC isnt (usually) intended to shield you from your lender. The shield is important to protect your assets from tenants, workers on the property, and other things that can go wrong on the property. Those things dont wait for 6 months to go wrong.

Good luck! And I suggest you hire a lawyer in your state to help you form the LLC, answer other legal question, and review your purchase agreement. A few thousand spent up front can prevent tens or hundreds of thousands if something were to go wrong.

Jen

 Jen, I liked your post.  This site has many first time investors like the owner of this thread.  One thing new investors seem have in common is they do one or more things to make their dollar go farther.  They buy to fix, they do their own maintenance and repairs, they are their own property manager, etc.  I think what can happen in any or all of those areas can remove the veil. 
I'll give a few example.  I just bought a property from a landlord getting out.  He did his own carpet replacement as well as some other things I had to have fixed.  What could go wrong with that?  He saw the video at Home Depot and used their tools.  It was not stretched correctly and the ripples were a big tripping hazard.  I had a carpet guy come re-stretch it.
New investor replaces the gas hot water heater with one he bought from Lowe's.  Seals the gap in the induced draft flue.  CO issue in the rental and maybe fire.  Real story.
New investor replaces the front and back steps but the rise is not to code.
Real examples are easy to find, just check some the do it yourself threads on BP.  
Who are you going to sue? The LLC alone or the investor as well. I don't know if I'm really asking because I got my answer from a lawyer who only takes non-frivolous tenant cases. He's suing both.
The big difference is passive investors with property managers vs sweat equity investors.  

 William, I don't think anyone would say either of those cases are frivolous.   The question will be which will be liable.  

It's easy to include both on the suit but the defense will try to remove the personal liabilty from the case as he was acting in his normal duties as the owner of the company.  The plaintiff would have to prove the repairs were outside of the normal operation of the business and there should be personal liabilty.  The other way would be to pierce the veil by proving the comingling of funds and/or the owner did keep business and personal separate.   

Those types of issues will be flushed out in the case but that does not preclude liabilty protection of the LLC. Those examples only go to prove that each case has a set of distinct facts that can turn a case. I would have a hard time telling anyone that an LLC is not worth having based on allegations of a plaintiff's case without knowing the final outcome (or if the issues were even raised, i.e., the defendant had a good attorney that brought up those defenses).

In fact, I'd say it's a good reason to talk to a good corporate attorney to flush out what you should be doing and what you shouldn't be doing, i.e., the metes and bounds of what your company should and shouldn't be doing.  It's all in the entity setup.

Although I am an attorney, this is in no way legal advice but is merely a conversion to discuss potential merits of legal entities. 

 Tom, you're correct to some extent.  What I laid out on purpose were violations of code, negligence or both.  Those are not hard to find and results as well.  Check the threads here on BP for some of the work that has been done before the thread is started looking for help.  Negligence or breaking law by violating code, some considered minor some not.  It's not cleaning the gutters and your ladder fell over or watering the landscape and the sidewalk got wet and someone tripped.   
Your final point about talking to a corporate attorney (I did) is exactly why it's important at this level.  Look at those that are just starting out here on BP, watch the threads for how much money they have or don't have to start out.  Not a lot there for time with a lawyer.  Look at the number that recommend Do It Yourself LLCs to save money.  Those well funded would be less likely to start out without a lawyer.
I have several Licenses and Registrations. I get the monthly list of hearings, law suits and settlements in those states. As I'm sure you know without credentials the one sued has to prove competence. An LLC is just not the panacea some selling them suggest. And I don't think you are suggesting that.

Post: Single Member LLC and Limited Liability?

William MorrisonPosted
  • Investor
  • Silver Spring, MD
  • Posts 178
  • Votes 60
Originally posted by @Jenifer Levini:

Hi Alex, I'm a lawyer in California. I can explain these concepts pretty simply.

In answer to your first question, dont worry about the terms 'single member' or 'disregarded entity.' Neither of those removes the veil that protects you from liability. The entity is disregarded for tax purposes. This means that the entity does not have to file separate taxes. The profits and losses flow directly to you and are included on a separate schedule in your personal tax return. The term 'single member' reflects that there is only one member and that member has 100% ownership, and the Articles of Organization are a lot less complicated.

Since you will be using this property for residential investment purposes, assuming you'll be having tenants in the property, its better to form the entity before you buy. And then buy in the name of the entity. That way if a tenant has a slip and fall on day one, your personal assets are shielded. When you buy a bank may ask for a personal guarantee. That's fine. They need to be able to go after you in case of default. Your LLC isnt (usually) intended to shield you from your lender. The shield is important to protect your assets from tenants, workers on the property, and other things that can go wrong on the property. Those things dont wait for 6 months to go wrong.

Good luck! And I suggest you hire a lawyer in your state to help you form the LLC, answer other legal question, and review your purchase agreement. A few thousand spent up front can prevent tens or hundreds of thousands if something were to go wrong.

Jen

 Jen, I liked your post.  This site has many first time investors like the owner of this thread.  One thing new investors seem have in common is they do one or more things to make their dollar go farther.  They buy to fix, they do their own maintenance and repairs, they are their own property manager, etc.  I think what can happen in any or all of those areas can remove the veil. 
I'll give a few example.  I just bought a property from a landlord getting out.  He did his own carpet replacement as well as some other things I had to have fixed.  What could go wrong with that?  He saw the video at Home Depot and used their tools.  It was not stretched correctly and the ripples were a big tripping hazard.  I had a carpet guy come re-stretch it.
New investor replaces the gas hot water heater with one he bought from Lowe's.  Seals the gap in the induced draft flue.  CO issue in the rental and maybe fire.  Real story.
New investor replaces the front and back steps but the rise is not to code.
Real examples are easy to find, just check some the do it yourself threads on BP.  
Who are you going to sue? The LLC alone or the investor as well. I don't know if I'm really asking because I got my answer from a lawyer who only takes non-frivolous tenant cases. He's suing both.
The big difference is passive investors with property managers vs sweat equity investors.  

Post: Updating knob & tube wiring -- need help with cost estimation

William MorrisonPosted
  • Investor
  • Silver Spring, MD
  • Posts 178
  • Votes 60
Originally posted by @Login George:

@William Morrison yes, it definitely seems like I need electricians to actually walk through the home and give me their opinions and estimates. Some of the walls also have wall paper, which I assume would increase the costs (because I might have to rip the wall paper off the entire walls and just have them painted instead). 

I am not sure what you mean by "pull wire for cable". I assume you are not talking about cable TV. Can you please elaborate...I am not familiar with wiring very much.

Thanks for your thoughts. I appreciate it!

Login, Let me see if this old guy can do a word picture.  Grin.
Think of an attic you've been in.  If you pull the insulation back you can see the ceiling and in places you can see the top plate of a wall below.  The top plate is a 2x4 that the wall studs nail to.
If you were to drill a hole in the plate from the attic you would have a place for the new wire and yes cable TV wire to enter.  Then 14 inches or so off the floor below you would cut a square for the box for the electric and the cable.  Now think of a long coat hanger, it not but a fish tape is a lot like it, only longer.  You push or pull the new wire and cable TV wire with it into the box without cutting the wall.
If you have to make a small cut at the ceiling you can sometimes cover it with new molding without tearing the whole wall up as well.
Surface mounted systems are around but I don't think I would ever use it in a residence.
Guys like Robert can be even more creative with how they pull wire without tearing up a wall.
Good Luck.  Hope this helped.

Post: UBIT in a self-directed IRA

William MorrisonPosted
  • Investor
  • Silver Spring, MD
  • Posts 178
  • Votes 60

@Brian Eastman you're correct I was more focused on the debt financed real estate.
It remains important to at least be able to talk intelligently with your CPA.  I think you agree knowing you suggested the pub reference.
All CPAs are not created equal just because of the credentials.

Post: False Listing of Your Property

William MorrisonPosted
  • Investor
  • Silver Spring, MD
  • Posts 178
  • Votes 60

There is a Blog here,

My Property Fell Prey to a Craigslist Rental Scam: Here’s How I Handled It

Post: UBIT in a self-directed IRA

William MorrisonPosted
  • Investor
  • Silver Spring, MD
  • Posts 178
  • Votes 60

@Brian Eastman I agree it's not for everyone to DIY, they should at least read and see how few entries affect them and to know there is an associated Schedule E. Then anyone with with rentals will have some idea of the similarities with a non IRA investment. They will also be able to have a more productive conversation with their CPA. It's only a few pages in Pub 598 that apply, worth checking.
The book "Leverage Your IRA" by Matthew M. Allen has some great tables on what is going on with the UBIT.  Best price is on the NASB site.
The more you know the better.

Post: Starting a LLC

William MorrisonPosted
  • Investor
  • Silver Spring, MD
  • Posts 178
  • Votes 60
Originally posted by @Dustin Beam:

well maybe theoretically could go down, but probably not considering current rates. Mine is a 20 year ARM, adjusted every 5 years. I'd like that fixed rate, but I decided I wanted the LLC more.

Interest rate was similar (for now anyway) for me. I got the first 5 years at 4.25%. YMMV

Also only had to put 20% down instead of 25. There are pluses and minuses for both, just have to decide how you want to do it.

 Dustin, not a bad set of terms for a commercial loan.  I have a 4.625% 5 year arm over 20, I think I'm at about year two.  Before ever using a commercial loan I did not look at the pay down rate in my evaluation of a deal.  Costs, vacancies, major repairs vs rents were the main items.  I looked at buying right and value added as well.  I generally do not count appreciation, seems it can be flat for years and then jump, or drop.  I take it as it comes.  But buy down is a lot different on a 20 year note.  Check an amortization schedule and run the same loan with 30 and 20 years.  The difference is worth keeping in mind in your evaluation.  Your numbers still have to work, but not a bad wealth creating method.
You just can't spend it.  Grin.
I would probably still go 30 year conventional if I could because my money goes farther, say 5 properties vs four.  Like they say if you have only one and it's vacant, you are 100% vacant.

Post: Updating knob & tube wiring -- need help with cost estimation

William MorrisonPosted
  • Investor
  • Silver Spring, MD
  • Posts 178
  • Votes 60

@Login George you need someone just like Robert to give you a quote, get a couple.  They can tell you if they can pull wire and with about how much damage to the walls.  Sometimes even the wire can be the pull wire.  They can do a lot with fish tape and over sized boxes.  
The exposed wire is easy for them to estimate.
I'm sure Robert can tell you for sure, but you maybe able to leave some old wire behind he wall.  You do not want any exposed in the attic, basement or crawl space, any place someone might connect latter.
Are you going to pull wire for cable at the same time?

Post: Should I Pay Myself as a Manager?

William MorrisonPosted
  • Investor
  • Silver Spring, MD
  • Posts 178
  • Votes 60

Mine is a little like @Steve Vaughan 's situation but I have a Solo 401k via my S-Corp and rentals there too.  Although those cannot be managed by you in the same way.
Check limits, you might find it an option.