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All Forum Posts by: Charlie MacPherson

Charlie MacPherson has started 189 posts and replied 3311 times.

As others have mentioned, you've missed the annual window.  Buyers with kids typically want to be settled by the start of the school year in early September.

The condition looks to be very good.

Rather than dropping the price, try something a little different, like offering up to $5,000 to pay for a professional moving company to move them in.

Dropping the price MIGHT be the answer, but if your comps are good, it's probably not that.  I'd be reluctant to do that, unless you were getting a good number of showings but were also getting price objections.

I agree with others that getting it on Facebook Marketplace is a good idea, along with MLS, local newspapers, and I hate to say it, Craigslist.

Now it's a matter of ROI.  If it's going to cost you $10,000 in legal fees to collect $10,000 in damages, it's probably not worth it. 

The first step is to figure out how much you stand to collect if successful in court.  The second is to figure out what your chances of success really are.

Also check to see if the damages are less that the upper limit for small claims court in your jurisdiction.  That can be an easier and less expensive way to sue.  I've been to small claims twice and prevailed in both.

In the meantime, maybe your attorney can write a threatening letter to persuade the seller to unwind the deal.

Good luck!

The fault is yours for not doing proper due diligence. 

However, it sounds like the seller misrepresented the transferability of the license and you relied on that promise to your detriment.  If I understand the situation correctly, he sold you a license that cannot be sold.

@Patricia Steiner may well be right, but I'd at least talk with an attorney about it (and I'm not one).

You clearly have damages and that may be worth pursuing.  Maybe the best possible outcome is that you unwind the deal and get your money returned.  You'll have to eat some expenses if that works out, but you can minimize your losses. 

Side note:  When I sell a business that has licenses that are hard to transfer or contracts that we don't want to open to renegotiation, we do a stock sale instead if the usual asset sale.  I don't know how your local regulations are written, so I don't know if that strategy would work.

If you're submitting an offer, be sure you either have a clean title contingency or run a title search before you bid.

You could end up getting a great deal on a nightmare.

Post: What are Rocket Mortgage's pro and cons?

Charlie MacPhersonPosted
  • China, ME
  • Posts 3,409
  • Votes 4,012
I've been out of real estate for a few years and maybe things have changed, but Rocket Mortgage pre-approvals were absolutely worthless when I was selling real estate.  

That's because they ask the buyer a few very basic questions about income and debt and then shoot out a pre-approval.  They have not reviewed any of the supporting documents that are required for a pre-approval that's genuine.  They need to see pay stubs, verify employment, run credit, etc - and they haven't done any of that.

I remember a family that had a pre-approval from Rocket Mortgage for $400,000.  We found a house that was perfect for their large family.  We wrote an offer that was accepted and they were over the moon excited.

Fast forward.  Rocket Mortgage starts their underwriting and suddenly reduce the amount of the pre-approval from $400,000 to $200,000. The deal blew up.

The buyers were crushed and I had wasted a LOT of time, running around showing them several houses.  From that point forward, I would no longer work with clients unless they had submitted all of those supporting docs and only then got a pre-approval.

Again, maybe things have changed in the last 3 years since I got out of the real estate business, but that was my experience.

Post: Be a Business Broker - WE WILL TRAIN - Portsmouth NH

Charlie MacPhersonPosted
  • China, ME
  • Posts 3,409
  • Votes 4,012

I'm looking for an ambitious, hard-working person to work in our Portsmouth, NH office.  We will provide training through my office in Augusta, ME.  You'll cover parts of ME, NH and VT.

This position is 100% commission, so you have to be prepared to go for 9 months +/- before your first check - but when they come, they're HUGE.

My fastest sale was 85 days from listing to close.  My longest was 13 months (a $3.75M aviation company).  My largest so far was a $13.5M healthcare company that took about 6 months.  Truthfully, others just won't sell.

We charge sellers 10% on businesses that we sell and split that 50/50 with you.  Sell a $300,000 convenience store?  $15,000 to you.  Sell a $1.5M precast concrete company?  $75,000 to you.  Right now, I'm working on a $15M healthcare company.  That'll be $750,000 to me!

We pay for all marketing expenses - office, computer, printer, scanner, business cards, mailings, cell phone, website, postage stamps, etc.  You pay for your own car, gas and lodging if you do an overnight.  We have an inside telemarketer in Augusta who will generate leads for you - but you also have to make calls and mail postcards of your own too.

Like many sales positions, you MUST be good on the phone.  Especially in the beginning, while you're filling your sales funnel, you'll need to make a LOT of outbound calls.  The difference between business brokering and real estate is that even if a business owner isn't ready to sell yet, the calls are a lot more pleasant - and you would be surprised at how often you'll get a sale from it!

Yes, this is an investment of your time and effort - but it can pay off BIG.

Learn more about what we do at www.InbarGroup.com.

Interested?  Contact me and let's chat!

Post: Becoming an agent

Charlie MacPhersonPosted
  • China, ME
  • Posts 3,409
  • Votes 4,012

Go in with your eyes wide open.

It's a BRUTAL business.  The barriers to entry are so low that it's impossible to make yourself stand out from other agents.  When I lived in Plymouth, MA, and sold real estate there, there were 787 licensed agents in that one town.  Something like 1.5% of the entire population of the town was licensed!

There's so much competition that you'll hear from buyers over and over "Sorry - I just found out that my mother's babysitter has a dog walker whose 2nd cousin's house painter has a 3rd cousin that's a Realtor.  I have to buy from him to keep peace in the family".  Even if you have a Buyer's Broker contract. 

The buyers just don't care and your broker will be very unlikely to take them to court to enforce the contract for fear of wrecking their reputation. 

And no matter how hard you work, buyers give you the same loyalty as they would a used piece of tissue paper.

Sure, you want to be a seller's agent.  So does every single one of the other hundreds of Realtors in the same market.  That's not a unique idea.

Having done residential and rehabber sales for years (and thankfully having gotten out of the business completely) my opinion, gleaned from experience, is that if you take a dozen agents who have been at it for at least 5 years full-time and have no other source of income, there's not a dime's worth of difference between them. 

Part-timers are the absolute bane of the business, but that's another story.

Sure, every brokerage has a story about "we're better / we're different", but in reality, they just aren't - especially in a hot market. In fact in the red hot market of a couple of years ago, sellers really could FSBO and do quite well without an agent.

I'm very skeptical of the widely touted "studies" that say that selling through a Realtor gets you 16% more in the sale price. Every one of those studies I've seen were paid for by NAR or an affiliate, so they're not exactly objective.

Prepare to go for at least 3 months (probably much more) without a paycheck. In the mean time, you'll pay for your business cards, For Sale signs, open house signs, MLS fees (mandatory membership in many places), desk fees, NAR fees, CRM/tech fees, gas and mileage and for all of your own marketing costs - which can be crushing. And let's not forget paying for your own health and dental insurance.

You'll walk in the door with your shiny new license and have to pay all those costs - with no income.

Everybody and their brother is looking for money from you.  The worst are the likes of Zillow, Trulia (owned by Zillow) and Realtor.com.  They'll sell you leads at a very high cost - but unless you buy a crazy expensive program, 4 agents get the same lead simultaneously.  You had better be the first one to call or your chances of success are very, very low.  That means responding within 30 seconds.  Day or night, weekdays, weekends and holidays.  By the time the third or fourth agent calls, you can bet that the seller is going to be getting testy.

Even if you do get the listing appointment, be prepared for the competing agent to promise the seller that he can get a higher price than you can.  If you've run your comps right, that won't be true, and the seller will eventually figure out that you were right - but you will have lost the listing.

Even NAR says that 87% of agents are out of the business within 5 years.

On the bright side, if you can stick it out and grind *hard* for 5+ years, you should start to see some referrals and repeat business - but you have to ask yourself, "is this the best use of my time, money and effort?"  Or would you be better off with a W-2 job?

Sorry to sound so negative, but that's my experience.  I really want prospective agents to have a realistic idea of what they're getting into.

Whatever you decide, good luck!

Post: Business buyers looking for non-SBA financing!

Charlie MacPhersonPosted
  • China, ME
  • Posts 3,409
  • Votes 4,012

I'm a full time business broker with $40MM in active listings and frequently come across buyers who need financing and for any number of reasons cannot get SBA funding.  Sometimes it's lenders being overly cautions, other times it's that lenders don't want to lend in a particular kind of business such as something  to do with fossil fuels.  In still other cases, the real estate value compared to the cash flow is so high that standard financing won't work.

Example: I have an exquisite Assisted Living facility on the market in Maine.  The real estate has been appraised at $3.5MM and the total price is $4.4M.  The cash flow is about $350,000 and cannot support that debt service unless we get creative.

If you are looking for somewhere to invest, I'm happy to refer clients to you and I am NOT looking for any kind of fees from you or the buyer.  I just want to get deals done.

Interested?  Shoot me a message through BP - and if you want to see my active listings, visit our site HERE.

- Charlie MacPherson, Business Broker
Inbar Group, Inc.
12 Shuman Ave, #10
Augusta, ME 04330
207-480-1113
www.InbarGroup.com

Quote from @Sam Leon:
To answer some of the questions, and ask some more.

(1) the property is a condo, and is being financed, and i just went through their process a few weeks ago, responding to the lender's condo questionairre, provided master insurance information, prepared condo financial statements and estoppel etc...all of those were done as a person.  Now, the request to sign an addendum to change buyer name from a person to an LLC.
(2) I will check the LLC to see if the person who is the buyer is tied to the LLC.  However that can change at any time right?  Even though the contract stated that this is not assignable, bu changing it to an LLC it makes it technically assignable just by transferring control of the LLC from John Doe to Julie Smith right?  Or the LLC is a joint investment of John, Julie, Bob and Mike right?
(3) My HOA has approved the sale to the buyer based on the personal name, had to pay an application fee plus do a background check including criminal, credit etc...and the estoppel was issued based on the idea this is a person who is buying.  If changing to an LLC I believe I will have to re-process the HOA application as an LLC, and if the LLC is now a different person or control additional people, who knows what would happen.  If my HOA needs to re-evaluate, I cannot believe the lender would not require to go back through underwriting?
(4) If the loan was approved based on a person's name, and now with a name change the loan is denied, how does the loan contingency work?  Can buyer walk away because the loan gets denied based on a name change?
(5)Yes buyer is asking to sign an addendum for the name change, but it is not as simple as a name change, it will have a ripple effect I think.
(6) I don't think there is an loan approval of the LLC, the loan is approved to the person, IF i signed the name change addendum, then the lender will react to the name change, I am not sure at this point I can ask the lender "hypothetically if buyer name changes from John to an LLC will the loan approval still stand?"

At the risk of repeating myself, this is NOT your problem.  He signed a binding contract under his personal name and does not have the right to unilaterally change it.  

Changing it increases the risk of the deal falling apart and that is not a risk that you should accept.

I would tell the buyer and/or his agent that you have a contract in place and you expect him to perform to it or risk losing his EMD - which I hope is substantial.

I would simply tell him to complete the sale under the conditions he agreed to and to transfer to his LLC after closing. @Don Konipol has it right.  If you (foolishly, in my opinion) agree to this change, you should require a very large, non-refundable deposit.

This is not your problem and don't let him make it so.

Unless it's specified in the contract, the buyer doesn't have the right to change it unilaterally.

Tell him that you expect him to perform to the contract as written, and then change the ownership to the LLC after closing.

There's no reason for you to take on new risk of the deal blowing up.