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All Forum Posts by: Kenji Tominaga

Kenji Tominaga has started 9 posts and replied 28 times.

Post: Pending closing the deal due to the current tenant not leaving

Kenji Tominaga
Pro Member
Posted
  • Investor
  • Brooklyn, NY
  • Posts 28
  • Votes 13
Quote from @John Light:

i’m new to all of this so I’m trying to learn, but would it be possible in your situation to pay somebody to squat in there and basically cause the other person to want to leave? I mean, they are technically a squatter themselves so why not just put another squatter in that will make them miserable wow keeping them from damaging the property who will then vacate the property whenever that one’s gone.

 @John Light That's very street smart! Love that idea and I'll feed that in to the Seller.

Post: Pending closing the deal due to the current tenant not leaving

Kenji Tominaga
Pro Member
Posted
  • Investor
  • Brooklyn, NY
  • Posts 28
  • Votes 13
Quote from @Kevin Sobilo:
Quote from @Kenji Tominaga:
Quote from @Kevin Sobilo:

@Kenji Tominaga, why can't your lawyer negotiate for you? You can ALWAYS negotiate if both parties want to and with you having the option to back out of the deal you have the ability to leverage the seller into "wanting" to negotiate. 

 @Kevin Sobilo Yeah that's something I was not sure and it was frustrating to me as well. The attorney was "they already said they don't want to pay additional". Maybe this is coming from the contract didn't include the fact that the penalty was not promised. But yeah I wish they tried. The Seller is not holding me hard to wait either as the seller said "you can back out if you want".

@Kenji Tominaga, so it sounds like they tried to negotiate but the seller wouldn't budge. That makes more sense.

The only leverage you have to get the seller to negotiate is the threat to back out of the deal. So, if they don't care if you back out of the deal, why would the seller give you anything.

For example, if the seller feels they can get another buyer for the same price whenever the house is finally vacant. If they believe this is true, why would the seller give you anything?!?

 @Kevin Sobilo Yeah I think that's the case. NYC market is very competitive, so I feel like the seller doesn't need to compensate anymore right now to hold me. They should reasonably be able to find another buyer when it's ready. It's a tough market to be.

Post: Pending closing the deal due to the current tenant not leaving

Kenji Tominaga
Pro Member
Posted
  • Investor
  • Brooklyn, NY
  • Posts 28
  • Votes 13
Quote from @Kevin Sobilo:

@Kenji Tominaga, why can't your lawyer negotiate for you? You can ALWAYS negotiate if both parties want to and with you having the option to back out of the deal you have the ability to leverage the seller into "wanting" to negotiate. 

 @Kevin Sobilo Yeah that's something I was not sure and it was frustrating to me as well. The attorney was "they already said they don't want to pay additional". Maybe this is coming from the contract didn't include the fact that the penalty was not promised. But yeah I wish they tried. The Seller is not holding me hard to wait either as the seller said "you can back out if you want".

Post: Pending closing the deal due to the current tenant not leaving

Kenji Tominaga
Pro Member
Posted
  • Investor
  • Brooklyn, NY
  • Posts 28
  • Votes 13
Quote from @Abel Curiel:
Quote from @Kenji Tominaga:
Quote from @Abel Curiel:

Hello @Kenji Tominaga,

Agreed with @Chris Seveney regarding having the owner offer cash for keys.

Since there aren't many options on the market that can compare to the deal you have in place, I'd recommend waiting it out (if possible).

Chances are, the value of the subject property will continue to increase while you wait for the tenant issue to be resolved. Meanwhile, you could be locked-in to a purchase price that is 5-10% below comparable sales by the time this finally closes (Q2-Q3 2025).

All the best!

Abel

 Hi @Abel Curiel, thank you for your comment, yes I agree with you. Since I don't have anything else to compare, and the purchase price has been locked, it could make sense to wait for now... It's just not mentally healthy to wait for a pending issue.


 Agreed. It can be extremely stressful especially while your down payment is held in escrow and you're only receiving 2nd hand updates.

Do you know under which circumstances you'd be able to back out of the deal and retain your deposit?

For example, we have a multifamily deal in the boroughs where the contract rider specifically states if the owner cannot deliver the property by X date, the purchaser can back out with their deposit.

If you have some flexibility on the contract, you could continue shopping active deals as backups.

 @Abel Curiel Thank you for your insight! Do you mean that if I can back out my deposit while the contract is still active? That I need to verify.

Post: Pending closing the deal due to the current tenant not leaving

Kenji Tominaga
Pro Member
Posted
  • Investor
  • Brooklyn, NY
  • Posts 28
  • Votes 13
Quote from @Joe S.:

It’s probably a smart move that you did not allow the seller to talk you into closing prior to having access/possession of the property. I have closed on a property before with the tenant left inside and got bitten hard.😱

If a person closes prior to, they need to hold back a substantial amount of funds in escrow.

 @Joe S. Thank you for your comment, yes I learned enough from BP not to take the existing tenant, knowing they pay rent lower than the market and currently not responsive at all. I cannot buy a future problem instead of a carrot in front of me.

Post: Pending closing the deal due to the current tenant not leaving

Kenji Tominaga
Pro Member
Posted
  • Investor
  • Brooklyn, NY
  • Posts 28
  • Votes 13
Quote from @Abel Curiel:

Hello @Kenji Tominaga,

Agreed with @Chris Seveney regarding having the owner offer cash for keys.

Since there aren't many options on the market that can compare to the deal you have in place, I'd recommend waiting it out (if possible).

Chances are, the value of the subject property will continue to increase while you wait for the tenant issue to be resolved. Meanwhile, you could be locked-in to a purchase price that is 5-10% below comparable sales by the time this finally closes (Q2-Q3 2025).

All the best!

Abel

 Hi @Abel Curiel, thank you for your comment, yes I agree with you. Since I don't have anything else to compare, and the purchase price has been locked, it could make sense to wait for now... It's just not mentally healthy to wait for a pending issue.

Post: Pending closing the deal due to the current tenant not leaving

Kenji Tominaga
Pro Member
Posted
  • Investor
  • Brooklyn, NY
  • Posts 28
  • Votes 13
Quote from @Chris Seveney:

@Kenji Tominaga

Tell them to offer cash for keys

While you cannot negotiate right now, I don’t see why you cannot just say hey I will cancel the contract unless you do X.

 @Chris Seveney Thank you for your comment, the Seller offered cash for keys (don't know the amount) but the tenant hasn't been willing to accept anything.

Post: Pending closing the deal due to the current tenant not leaving

Kenji Tominaga
Pro Member
Posted
  • Investor
  • Brooklyn, NY
  • Posts 28
  • Votes 13

Happy Friday!
I'm currently in the process of closing my first primary residence deal in NYC, and I would like to ask for a piece of advice to the community.
The current tenant of the Seller failed to move out by the closing date and the Seller decided to take a legal vacating process.

Background
- The current tenant of the Seller failed to move out by the closing date and I heard the tenant is avoiding direct communications with the Seller
- Not sure from my end if the tenant is willing to moving out but struggling, or maliciously squatting
- I have a vacancy contingency in the contract, thus I can back out at my discretion due to this issue, but currently there is no other properties that I want to move on to due to the market condition
- The Seller is trying to take a legal action but it will at least take 3 months or longer, no promise to succeed

Advice to ask
- My attorney could not negotiate to ask for a penalty for this delay because the penalty for delay was not included in the contract. Any actions I should take while I'm waiting for the update?
- Any advice for the squatting tenant in NYC?

Thank you for your time!

Post: County Mortgage Tax paid by the Buyer?

Kenji Tominaga
Pro Member
Posted
  • Investor
  • Brooklyn, NY
  • Posts 28
  • Votes 13
Quote from @Eric Hajdu:

I am certainly not a tax expert, but fwiw, I just looked at my closing statement from the purchase of a Brooklyn multi-fam and as purchaser, I paid the following taxes:

Transfer Tax Additional Transfer(mansion)tax

Transfer Tax Supplemental NYC(mansion)tax

Mortgage Tax 1st mortgage


 Thank you Eric, the real life experience is the best reference!

Post: County Mortgage Tax paid by the Buyer?

Kenji Tominaga
Pro Member
Posted
  • Investor
  • Brooklyn, NY
  • Posts 28
  • Votes 13

Hi masters,

I have a question about the county mortgage tax when purchasing a property.
I'm quoting a mortgage from 3 lenders for a small multi-family in Bushwick/Ridgewood area (Brooklyn NY), and one of them estimated the county mortgage tax in their quote when the other 2 didn't.
If anyone has some knowledges to share with this, I would appreciate it.