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All Forum Posts by: Richard Aaron

Richard Aaron has started 4 posts and replied 12 times.

Post: Seller doesn't want to extend closing date

Richard AaronPosted
  • Investor
  • San Antonio, TX
  • Posts 12
  • Votes 8

 Thank you for all of your  input and advice,  especially yours Russel Brazil for pointing out my hypocrisy for even thinking about such a stupid thing as threatening to sue.  I have a good reputation and I want to keep it.  I failed to mention that whenever I sent the amendment to the seller I offered $500 extra nonrefundable  option consideration  on top of the purchase price for the two week extension and ANOTHER  $500 option  consideration for ANOTHER two weeks just in case the  VLB needed just a little bit more time to get their act together.  This particular contract has been a good learning experience for me. I now know what kind of verbiage to put in my special provisions clause  in my next contract. Something like "Notwithstanding anything to the contrary,  the contract will close  whenever the   Texas Veterans Land Board  says they are ready to close. " LOL.   Or could you guys give me a good legal phrase  that allows the lender to pick the closing date?  Thank you all very much for all your replies. 

Post: Seller doesn't want to extend closing date

Richard AaronPosted
  • Investor
  • San Antonio, TX
  • Posts 12
  • Votes 8

Hello Bigger pockets members. I have a contract issue that I could use some advice from some experienced investors or attorneys out there. 

Synopsis: Seller and I signed a contract  on July 3rd 2018.   Closing date was supposed to be August 31. The loan is with the Veterans land board. In Texas, and they take a long time.  The property finally got approved by the VLB on August 30. Problem is the Contract expired August 31.  I sent an amendment to the seller August 30, to extend the closing date another two weeks which is what the VLB needs. The seller did not sign the amendment. In fact the seller texted me on at least two different occasions that he was feeling very impatient and that he had two other cash offers waiting in the wings.  Normally I wouldn't believe this stuff but in this case I think it might be true because I got such a good buy on the property.  So I'm thinking he's going to claim the contract date of August 31,  as the end of the contract  and go on to his cash buyers. 

I really want the property and the protracted time is through no fault of my own.  Here we are down to the final two weeks, I am approved and the property is approved and the seller wants to back out. 

 So I started combing through the contract. As I combed through the contract I noticed on paragraph 22 that it states that "This contract contains the entire agreement of the parties and cannot be changed except by their written agreement."

Three days after we signed the contract the title company told us we needed to sign an HOA addendum.

We both signed it without a proper TREC approved amendment, and there's no date on the HOA addendum.

The issue I have is in paragraph 22 where it says "This is the entire agreement....". well it seems to me like it wasn't  because 3 days after the contract date this addendum got added arbitrarily.  Additionally the box for adding that addendum under paragraph 22 on the contract is not checked. I understand it was necessary for the seller to cover himself but still it's an arbitrary change to the contract. 

I said all the above to say this: Since the seller arbitrarily changed the contract  could he still insist on a contract termination date of August 31? Could I sue for specific performance?   Or maybe threaten to sue for that or breach of contract, or something else?  Or should I just go on to another deal? 

Thanks

Post: 1031 Tax Exchange--What Exactly comprises the Net Sales Price?

Richard AaronPosted
  • Investor
  • San Antonio, TX
  • Posts 12
  • Votes 8

Great, Thank you.

Post: 1031 Tax Exchange--What Exactly comprises the Net Sales Price?

Richard AaronPosted
  • Investor
  • San Antonio, TX
  • Posts 12
  • Votes 8

I'm selling a rental property for $232,000. There is a $60,000 loan balance owed on it. After commission and closing costs and paying off the first, I will net $158,000. 

1. Can someone clarify for me which of the above values ($232,000 or $158,000) is the Net Sales Price?

2. If I purchase another rental  that is less than the Net Sales Price, will that totally nullify the 1031 tax exchange or would I just have to pay capital gains taxes and some depreciation recapture on the difference (the boot) between the Net Sales Price and the lower price I pay for my next rental? 

Thank you

Post: Filling out a Warranty Deed to Trustee

Richard AaronPosted
  • Investor
  • San Antonio, TX
  • Posts 12
  • Votes 8

Thank you, I appreciate it.

Post: Filling out a Warranty Deed to Trustee

Richard AaronPosted
  • Investor
  • San Antonio, TX
  • Posts 12
  • Votes 8

I am getting ready to transfer one of my properties into a trust . My wife and I are both on the deed on this particular property.  

The Warranty Deed to Trustee says:

   The Grantors(s)_____________of the County of ____________and the state of Texas for and in consideration of Ten Dollars and ...........

   Unto _______________as trustee and not personally.........

My wife is going to be the Beneficiary and I'm going to be the Trustee (I'm also having her sign an assignment of Beneficial interest to me).  So since my wife and I are on the deed do both my wife and I put our names in the Grantor blank even though I'm going to be putting my name in the Trustee blank?

It seems a little strange that I am granting it to myself as the Trustee? I just want to make sure before I fill this out and record it. I've bought many properties in trusts before at the closing table so this issue never came up. But since I'm TRANSFERRING this one into a trust AND I'm going to be the Grantor AND  the Trustee, this issue caught my attention.

So what do you guys think?

Post: CASH OUT REFI MY HOME OR SELL IT TO PAY OFF LOANS & BUY A RENTAL

Richard AaronPosted
  • Investor
  • San Antonio, TX
  • Posts 12
  • Votes 8

Thanks for the input. I'm really wanting to grow my business slow and steady for the next 10 years. And pay the older high equity properties off as I go along. There's nothing like having properties free and clear!

Post: Which strategy builds massive wealth the fastest?

Richard AaronPosted
  • Investor
  • San Antonio, TX
  • Posts 12
  • Votes 8

Your question, "How do you build massive wealth the fastest? may not be a question you should be asking yourself at this point in your investing career. I could be wrong but I am assuming you are  relatively inexperienced simply because of the nature of the question. 

Instead of asking "Which strategy should I do?"  I suggest you ask yourself a more fundamental question. That is, "What would I like to do to build my real estate business?" Because if you hate doing a strategy even if it works well for you, you won't do it for very long. Real estate, whether flipping or rentals is a long term game. You have to position yourself to be in it for the long haul. Once you've picked a strategy you like, THAT is where you're going to make the "massive wealth the fastest."  You have to like, (hopefully love) what you're doing. 

You should educate yourself in both strategies.  Start doing one or maybe even both to see which one you may like to keep doing!  

To quickly analyze both strategies you asked about, flipping houses is a J-O-B. There's no long term growth, there are no passive returns. There are high taxes.  When you're done, you've got to do it again. I know, I flipped houses in the early 90's before it was cool. I was pretty good at finding, rehabbing and flipping them. Flipping works as long as you are working at it, and working at it, and working at it. And for a select few it works fabulously well. Being ADHD helps.  I am not ADHD. I hated doing flips even though I was pretty good. I made large chunks of money periodically. But over time it all vaporized. When you stop doing flips, your money goes Bye Bye. It's kind of like what Arkhad says in The Richest Man in Babylon.  "A fat purse quickly empties if there be no golden stream to refill it."

That being said, I shifted to rentals with an occasional flip from time to time for some cash infusion.  I would even build a modest house to sell or even to rent. I still own one of my small house builds from 1998 free and clear. It's been rented out ever since.  Properly managed rentals give you, 1. Cash flow, 2. Debt pay down, 3. Appreciation. 4. Depreciation. I love the passive income every month. So for me I love to do what gives me relatively hassle free passive income every month and that's rentals. Sometimes my wife and I travel for months at a time. Actually we could travel indefinitely now. But I could never have gotten to the point I'm at now by flipping houses.

So going back to my fundamental question; What would you like to do? Only you can answer that one. Try both strategies and in a few years you'll know the answer. It will very easily come to you.

Post: CASH OUT REFI MY HOME OR SELL IT TO PAY OFF LOANS & BUY A RENTAL

Richard AaronPosted
  • Investor
  • San Antonio, TX
  • Posts 12
  • Votes 8

Thank you for the feedback. I appreciate it very much. To answer your question, my investments are in good growth areas that are projected to continue to grow. My personal residence is a bit rural but still appreciating.

like I mentioned previously, I'm a conservative investor at this point in my life. I wouldn't mind having loans on some of my investments but not too many. There was a time in my life where I had loans on everything I owned. So, theoretically I could have lost everything to  foreclosure in a serious economic downturn. Now if I were to lose say two  $150,000 rentals because of an economic downturn through foreclosure, it would hurt for sure, but I'd be OK because I'd still have very good cash flow from my other free and clear properties. I realize that with less risk there's less equity growth. So, there's the trade off.  I'm willing to take some risk, but I don't want too much as I'm not young anymore. I don't have time on my side to make up for any of my mistakes. This is my thinking, anyway. 

Post: Tenant wants to break lease for BS reasons - what to do?

Richard AaronPosted
  • Investor
  • San Antonio, TX
  • Posts 12
  • Votes 8

The last thing you'd want is to try to make a tenant stay who doesn't want to stay. They would turn into your worst nightmare. You'd regret it. let 'em go. Get another one.