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All Forum Posts by: Neel P.

Neel P. has started 12 posts and replied 30 times.

Post: MFH Deal But All Units Are 1/1s. Is it worth it? Suburban Area

Neel P.Posted
  • Real Estate Investor
  • Los Angeles, CA
  • Posts 31
  • Votes 7
Quote from @Robert Rixer:

You can usually tell demand for 1 bedrooms based on the price versus similar 2 bedrooms. If there is a huge differential, it's a good sign the 1's are not in great demand. I've made the mistake in the past of going by self-imposed assumptions but a lot of times they turned out to be false. Follow the data.


 Great tip, thanks Robert!

Post: MFH Deal But All Units Are 1/1s. Is it worth it? Suburban Area

Neel P.Posted
  • Real Estate Investor
  • Los Angeles, CA
  • Posts 31
  • Votes 7
Quote from @Gino Barbaro:

@Neel P.

Great question. Gonna give a lawyer answer. It depends. Depends on the market, some markets with students, and older populations do well with 1s. I would like to see a mix of 1s and 2s, more 2s than 1s. It usually comes down to pricing.

Great question to ask property management companies in the market. They have the data and can tell you the spread between 1s and 2s, and also tenant turnover.

We've actually seen more demand for 1s as the market softens, because the rent is less, and some are downsizing to save on rent

Gino


 Great feedback, I like the idea of asking my property manager. Ty!

Post: MFH Deal But All Units Are 1/1s. Is it worth it? Suburban Area

Neel P.Posted
  • Real Estate Investor
  • Los Angeles, CA
  • Posts 31
  • Votes 7

I'm analyzing a deal for a commercial MFH home. It's in a B-class neighborhood that's about 20 min outside of the city center (in more of a suburban neighborhood).

All of the units are 1/1s though. What are the considerations for this type of deal?

My thought process: 

- Pros: Probably can get it for a discount. Decently in shape unit, rent rolls around $650

- Cons: 1/1s usually attract student, singles or couples. This is not a city center so I'm wondering if it'll mainly attract C class tenants who are very transient, or it'll be hard to rent. Less rental appreciation potential

Any insight from people who have looked into or bought MFHs with all 1/1s would be great. Thank you! 

Post: Seller won't sign Cancellation. He re-listed unit. What can I do?

Neel P.Posted
  • Real Estate Investor
  • Los Angeles, CA
  • Posts 31
  • Votes 7
Originally posted by @Charlie MacPherson:

@Neel P. A couple of things come to mind - and you need to talk with your attorney as I'm not one.

1. File a Lis Pendens.  That is a public notice that the property is subject to a lawsuit or some other action.  It clouds the title and will stop the sale from proceeding.  I don't know that this is a self-help thing.  You may need your attorney to file it.

2. If your deposit is within the limits of small claims court, file a suit there.  I've had to do it and at least in Massachusetts, it is very much a self-help solution.  You may be able to claim damages from any additional expenses you incurred and you might even have the option of demanding double or treble (triple) damages, depending on your local laws.

3. Have your attorney write that same demand letter to the seller, not his broker.  I don't think the broker is liable for any damages here, unless there's more to the story.

You should also read your contract to see if it has anything to say about the disposition of the EMD in the event of a dispute. There might be language there that will guide you.

Good luck!


 Hey Charlie, just wanted to provide you an update.

I emailed the new broker and told her that I would be pursuing a Lis Pendes with my lawyer, and the seller was in violation of the original agreement. 

She called me and I was very nice but told her that I would absolutely block the new transaction if he didnt sign the release.

He signed it today so I'll be getting my $3400 back wooo!

Looks like he was trying to quickly sneak the new deal through and hoping I didn't notice.

Thanks again for your advice! 

Post: Seller won't sign Cancellation. He re-listed unit. What can I do?

Neel P.Posted
  • Real Estate Investor
  • Los Angeles, CA
  • Posts 31
  • Votes 7
Originally posted by @Charlie MacPherson:

@Neel P. A couple of things come to mind - and you need to talk with your attorney as I'm not one.

1. File a Lis Pendens.  That is a public notice that the property is subject to a lawsuit or some other action.  It clouds the title and will stop the sale from proceeding.  I don't know that this is a self-help thing.  You may need your attorney to file it.

2. If your deposit is within the limits of small claims court, file a suit there.  I've had to do it and at least in Massachusetts, it is very much a self-help solution.  You may be able to claim damages from any additional expenses you incurred and you might even have the option of demanding double or treble (triple) damages, depending on your local laws.

3. Have your attorney write that same demand letter to the seller, not his broker.  I don't think the broker is liable for any damages here, unless there's more to the story.

You should also read your contract to see if it has anything to say about the disposition of the EMD in the event of a dispute. There might be language there that will guide you.

Good luck!

This is great information, thank you very much! Lis Pendens sounds perfect...I think he'll sign the Notice of Cancellation if I block his sale. I'll chat with my attorney about this.

I don't have the sellers information to send them the letter directly...I'll ask the previous broker if they can share it.

Post: Seller won't sign Cancellation. He re-listed unit. What can I do?

Neel P.Posted
  • Real Estate Investor
  • Los Angeles, CA
  • Posts 31
  • Votes 7

I was under contract on a duplex in Missouri and the financing fell through.

Its within the 45 day Loan Termination Deadline period, and the sellers agent was made aware.

Long story short - the seller got mad and is refusing the sign the Notice of Cancellation. The deal date is long gone now (Nov 19th). I had a lawyer send a demand letter to the seller's broker to say that he needs to sign the Notice of Cancellation, but nothing has resulted from that.

The seller has since then gotten a new broker, relisted the property, and it's now currently under contract.

I'm not able to get my EMD back unless he signs the Notice of Cancellation.

I emailed the new broker today that her client is in violation of my contract and thus I can technically due for damages, and ask her to relay this to her client so he can sign the Notice of Cancellation and we can move on.

What else can I do?

Is he even allowed to relist his property without cancelling my contract officially? Is there anything I can do to block his new deal until he cancels my contract?

Thank you

Post: How does mediation work for EMD disputes? How much does it cost?

Neel P.Posted
  • Real Estate Investor
  • Los Angeles, CA
  • Posts 31
  • Votes 7

I was under contract on a duplex and the financing fell through. 

Its within the 45 day Loan Termination Deadline period, and the sellers agent was made aware.

Long story short - the seller didn't sign an extension for the contract date, so the real estate contract is now "expired". The Seller is claiming the EMD ($3,400) is now his, and won't sign the Notice of Cancellation to release the EMD back to me.

I told the Sellers Agent that I am willing to split this 50/50 just to not deal with this, but the Seller is bitter and won't agree. 

From research, it sounds like this needs to go to mediation now

- How does this work? Who organizes the mediator? Is it via the Escrow company who is holding the money?

- How much does this normally cost? The property is in Missouri.

- I have a lawyer who can send a demand letter and prove that I am in the right here....but who does that go to? The Seller, the Escrow company, or other?

I have a feeling that if I scare the seller with a lawyer letter, he'll agree to release the EMD or go 50/50 with me so we can move on. I'm just not sure on the process here.

Thank you!

Post: My financing fell thru, after initial closing date. Do I get EMD?

Neel P.Posted
  • Real Estate Investor
  • Los Angeles, CA
  • Posts 31
  • Votes 7
Originally posted by @Wayne Brooks:

@Neel P. The seller wants a larger EM, and I’ll bet it will non refundable, because you’ve had multiple extensions and the seller is tired of dealing with it...if I were their agent I would ask for the same thing, or simply put the property back on the market.

Got it! Thank you for the feedback. I'll keep in mind that they may ask for a non-refundable EMD and prep for that...didn't know thats a thing.

Post: My financing fell thru, after initial closing date. Do I get EMD?

Neel P.Posted
  • Real Estate Investor
  • Los Angeles, CA
  • Posts 31
  • Votes 7
Originally posted by @Bryan Balducki:

@Neel P. of course and that is definitely a good idea! Hope all goes well!

 Hey Bryan,

Quick update:

  • Good news - I got a new lender in place, pre-approved and in-progress, and got the Appraisal transferred over successfully
    Bad news - the seller wants a new contract and to increase the EMD amount. I'm not sure why or what the angle is.

I want to close on the unit. Should I put more money in for EMD? If so, I would want a provision that says if I get denied a loan, then I get the entire EMD back. However, I don't know if "new contract" means the seller wants to take the existing EMD and have a new contract for a new EMD amount...if so, is that normal?

Thank you!

Post: My financing fell thru, after initial closing date. Do I get EMD?

Neel P.Posted
  • Real Estate Investor
  • Los Angeles, CA
  • Posts 31
  • Votes 7
Originally posted by @Bryan Balducki:

@Neel P. hard for me to see the contract you posted, but I believe the seller’s broker is correct if you are past the loan termination deadline, which is usually close to the closing date. If you kept extending the closing date along with the loan termination deadline, then you could be in the clear, but that deadline is the last chance to get your earnest money back. I would check the most recent amend extend contract to see if the loan term deadline was also changed to the new closing date. Hope this helps!

 Thanks for the insight Bryan! I'll likely need to extend the close date again due to financing, which I think the sellers will agree too. I should probably then also add the Loan Termination Deadline extension during the same amendment next time and see if they agree to it.