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All Forum Posts by: Nicholas A.

Nicholas A. has started 61 posts and replied 148 times.

Post: Need Lawyer - Business Partner Abandonment / Negligence

Nicholas A.Posted
  • Rental Property Investor
  • Dallas, TX
  • Posts 154
  • Votes 44

I have a partner that has abandoned our 50/50 business, and I am in need of a business litigation lawyer here in Dallas.

I look forward to hearing from you,

Nick Aja

Post: Unresponsive Business “Partner” - Short Sale

Nicholas A.Posted
  • Rental Property Investor
  • Dallas, TX
  • Posts 154
  • Votes 44

Hello,

My name is Nick. To make a really long story short, I have just completed a Short-Sale of a single-family home a business partner and I built in Horseshoe Bay, Texas, right outside of Austin, Texas.

Our Operating Agreement states that we are to split 50%/50% of all expenses within the business and treat any unexpected monies due as loans and paid back equally amongst the partners. Due to unexpected circumstances, I’ve had to come out of pocket probably close to about 50K or more since the inception of the project, and he’s made excuse after excuse as to why he has not been able to. Unfortunately, you cannot just tell your private lender or builder that you cannot make the payments, so I’ve covered all of the costs. At this point, and for the previous year, he’s been fairly and almost completely unresponsive to my messages outside of communication with our realtor and private lender. Now that the house has been sold and we no longer have to communicate with a realtor, this behavior is worse. 

We owe the lender a hefty sum due to the short sale, and my partner should be responsible for at least as much as I have paid into the deal so far. My “partner” has not come thru on his side of the deal. I am ready to file a lawsuit. 

Any guidance is gladly accepted and welcomed.

Thanks,

Nick

Post: Need Help With Nuisance Neighbor Bothering Tenants

Nicholas A.Posted
  • Rental Property Investor
  • Dallas, TX
  • Posts 154
  • Votes 44
Quote from @John Clark:

Save your texts and such with your tenant and your calls to the police— build a record of your neighbor’s noise. Then sue the neighbor for an injunction against playing the radio or whatever between certain hours and to keep the dog from barking.


Doing nothing risks your tenant leaving on the grounds that your doing nothing breached his right to quiet enjoyment.

Exactly what I was hoping to hear. To tell
me that nothing is possible seems a bit far stretched. Thank you, John!

Post: Need Help With Nuisance Neighbor Bothering Tenants

Nicholas A.Posted
  • Rental Property Investor
  • Dallas, TX
  • Posts 154
  • Votes 44

Hello,

I have a long-term rental near the Bishop Arts District on Centre Street. My tenants have just resigned for the second year. All of a sudden they are wanting to “re-discuss” the lease because the neighbor’s dog barks a lot and they play music in the middle of the night ie 2:30am until 5:30am quite often - week days, weekends, it doesn’t matter. The dog barking has previously been brought up and nothing more was discussed. Now, they are sending me text messages every time the neighbor plays their music. I lived in this house before, so I know what’s going on. I’ve experienced it myself. Now though, it’s a real issue because it’s affecting my rental income. Two days ago, I received both texts from my tenants regarding the music and texts from my neighbor telling me to tell them not to come over and complain about his music. What’s a mess. The tenants will

Likely break the lease. This is concerning because I will likely relive this situation over and over again because of the neighbor. He’s very confrontational and has threatened me personally when I use to live in the property. He’s an alcoholic and does not work.

The police do nothing and show up hours after the call.

What can I do legally to get this neighbor to chill out and keep me from losing tenants and rental revenue? I am ready to take legal action ASAP, I just need to know what actions can be taken.

Thanks,

Nick Aja

Post: Full-Service Vacation Rental Management - What Makes You Different?

Nicholas A.Posted
  • Rental Property Investor
  • Dallas, TX
  • Posts 154
  • Votes 44

I have sold vacation rental management services for the last two years. I've self-managed my own STR as well.

Here is the million dollar question: In an industry this is as similar as it is, across the board, what is something that can truly separate your service from the rest?

I’ve studied countless competitors (currently working thru 30+ competitors within the west coast market that I sell in). We all provide the same services with slight variations. We all make the same claims. ie: “premium service”, “hand-picked homes”, homeowner-friendly onboarding”, “leading industry technology”, “24/7 communication or local support”, “maintenance programs”, “hotel quality linen program”, “preferred vendors” … blah blah blah 

I sell within what I would consider a "traditional" vacation rental market. ie - your vacation rental is likely not in danger of being put out of business by the local government… an example close to home for me - The City of Dallas's recent STR Ban. In the courts right now, and influencing persons like myself to switch rental strategies.

What are we missing here? Are there any truly ground-breaking selling points? How do you separate yourself from others when considering what was mention above?

I review vacation rental management websites, Airbnb Host Profiles, I secret shop via phone calls and emails. We’re all the same.

What’s your advice?

How are you different?


Whats missing within the industry that we should / could implement?







Post: How To Not Build your First House

Nicholas A.Posted
  • Rental Property Investor
  • Dallas, TX
  • Posts 154
  • Votes 44

I was hoping that I could post this anonymously, honestly.  Slightly concerned that I might catch a bunch of undesired feedback. The following post is purely to show that I have learned a lot on my first ground-up home build and partnership, or really lack there of. I put this together quickly and hope it will bring value to those looking to embark on their first home build... with a partner possibly. You don't know what you don't know until you learn it.... and sometimes these lessons cost money, stress, and time.

Enjoy -

How To Not Build your First House

Embarking on the journey of building your investment home from the ground up is an exhilarating prospect. However, the path is fraught with challenges, many of which can be avoided with careful planning and consideration. Drawing from the lessons learned in my firsthand experience, here is a fairly comprehensive guide for first-time home builders.

In the early stages, a significant oversight became apparent: the gross underestimation of the total funds needed. The lesson learned here was to meticulously calculate all expenses, including those often overlooked. The builder's fee, for instance, should not be an afterthought but an integral part of the budgeting process. This seemingly minor detail can significantly impact your financial stability throughout the build.

Building a home often involves partnerships, and it's essential to ensure balance. Partners should bring not only financial resources but also relevant experience to the table. Unequal yolks in a partnership, such as a lack of equal funding or varying levels of experience, can lead to friction down the road.

Financial planning goes beyond securing a construction loan. It's imperative to have a plan for covering interest-only payments once the reserves within the loan are exhausted. Additional costs like HOA dues, neighborhood maintenance funds, and property taxes over the duration of the build should be factored into your financial strategy.

The foundation of any successful partnership lies in a robust operating agreement. Ours was weak and unprofessional, lacking essential elements such as an arbitration clause, dispute resolution mechanisms, and clearly defined communication methods. Ensure that your agreement includes specific responsibilities and emphasizes the importance of timeliness.

Choosing the right builder is a pivotal decision. It's not enough to review blueprints and designs on paper; a face-to-face meeting with potential  builders is imperative. This provides a valuable opportunity to gauge their past experience, assess the quality of their work, and even visit current job sites to witness the built quality firsthand.

Understanding the market is essential when designing your home. Investigate what features are most desirable within your target market. In our case, we learned the hard way that a one-car garage is highly undesirable. Additionally, a 3-bedroom home without a private master bathroom suite may struggle to attract buyers.

Communication breakdowns can be a significant source of frustration. Our operating agreement lacked clarity on communication expectations, response times, and methods. Set these expectations early with your builder and partners. Documenting every expense, transaction, and correspondence diligently is a practice that pays off in the long run.

Many aspects of the home-building process are negotiable, including the builder's fee. Don't shy away from discussing and negotiating the terms of the builder's compensation. This can have a significant impact on the overall project cost.

In conclusion, building a home from the ground up is a monumental undertaking that requires careful consideration and planning. By learning from the mistakes and oversights made during our journey, future home builders can embark on their projects with a clearer understanding of the potential challenges and how to navigate them successfully.

Learn from the mistakes of others, it's cheaper and less stressful - Nick 

Post: Business Partner Not Abiding By Operating Agreement

Nicholas A.Posted
  • Rental Property Investor
  • Dallas, TX
  • Posts 154
  • Votes 44

Hello,

What would be my first step in attempting to get a business partner to respond to texts, calls, or emails as well as share costs associated with our business. He is in Houston and I am in Dallas. He's unresponsive, and we have monthly reoccurring expenses as well as one-off expenses that I am getting stuck with. We have an operating agreement that he is not adhering to.


Is this something I can go to arbitration with? I would like to get this taken care of, because it's incredibly taxing financially when I have to carry these business expenses myself.

Thanks,

Nick

Post: Dallas - Understanding Highest and Best Use of Vacant Parcel

Nicholas A.Posted
  • Rental Property Investor
  • Dallas, TX
  • Posts 154
  • Votes 44

@Stuart Chinworth I've decided to avoid anything zoned commercial at this moment, rather sticking with residential vacant lots. The zoning here is complex being that there are PDs etc. I've been provided with many resources from the meeting I had, but am not ready to take on that adventure just yet.

Post: Dallas - Understanding Highest and Best Use of Vacant Parcel

Nicholas A.Posted
  • Rental Property Investor
  • Dallas, TX
  • Posts 154
  • Votes 44

Thanks for the reply. Appreciate all of the info. Where I am stuck right now is the zoning and understanding this aspect of the deal. I have a meeting with the zoning dept here in Dallas next week, so this should guide me in the right direction.

Have a great day - Nick 

Post: Dallas - Understanding Highest and Best Use of Vacant Parcel

Nicholas A.Posted
  • Rental Property Investor
  • Dallas, TX
  • Posts 154
  • Votes 44

Hello,

I am running across vacant parcels in Dallas that are zoned for multifamily and I am not sure how to go about pricing them for an end buyer that is interested in an eventual multifamily build. 

I've contacted local architects and they are suggesting expensive studies etc.

How should I go about this without coming out of pocket hundreds of dollars for every parcel I am trying to find the highest and best use for?

Thanks,

Nick