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All Forum Posts by: Terry Portier

Terry Portier has started 38 posts and replied 378 times.

Post: Hiring a laborer for first rehab-what do I need to do?

Terry PortierPosted
  • Engineer
  • Wichita, KS
  • Posts 396
  • Votes 36

I’ve been contemplating this one too and talked to a local RE attorney last week. His advice of course is I take the conservative approach and create an entity. He wants a $3500 retainer @ $300/hr to cover the state work, answer my questions, look over sales contracts, etc. Way I see it as a start up business, and I have done this once before, is most of that I can handle myself and as I gain assets I’ll form an entity. Yes I realize there is more risk there but less start-up cost. Right now all I’m looking for is a release of liability for my contractor’s to sign. I think I need that since although they are insured the insurance company’s can still go after me if they can prove negligence on my part. Other thing I may try and do is leverage off them by mechanic liens.

As far as the IRS, since a new entity has no income and my personal is much more, it would be more beneficial for me write off on a Schedule C.

Anyone know where I can these types of forms for my state online?

Just got done reading the entire thread, so what is the conclusion who are the reputable lenders with a closing track history that can be verified that lend 100% without charging an arm and a leg to good qualifiers with good credit and income?

Ok, I get it now I called my local REC they told me if I try and sell/buy a property to anyone but myself I am in violation of state law. They told me they have nothing to do with MLS that is my local Association of Realtor's so called them and they told me my state is a non disclosure state meaning property prices are not on public record. Also, that if I get a license I have to list it with a broker that may want me to be active as an agent moreso than referring a few properties and if I am not they may restrict my access to the MLS. He told me 95% of the MLS data is out on Realtor.com and brokers sites, and I don't need a license to be sucessful in investing same response I got from an sucessful investor that teaches the license course. He said having a license can in some cases open me up to litigation not having one does not since I am a so called "expert" altho peeps with out licenses know more, go figure!

Originally posted by Brian P:
Terry

Yes you are confused. The deals I referred to the agent are deals it didn't make any sense to pursue as a investor and you should run into a ton of these, so instead of saying pass, you say commission or fee.

Thanks for the clarification, if you read through all the post on this thread there is ALOT of confusion related to the OPs question, lots of conflicting opinions, especially to newbie’s.

I'm still not sure why I need a license if for example I have properties that are not investment worthy to pass on to licensed agents. I should be able to draw up a private contract to act as an agent's agent of sorts if you will between us and collect a fee, not what's known as a MLS licensed "commission". I'd have to wonder why these agents would pay me to find properties though and should know the market as well as me an investor. That way I spend more time looking for investment properties rather than selling them for small change commissions or fees. I can see where if the purchase price is high a license and selling may exceed what I can make as an investor, but these days those are far and few between. As I said, most agents and brokers are getting hit hard by the internet, flat fee services, and market in many US areas, in areas like mine especially where median house prices are $80K in 2011.

Most of the selling agents I have worked with have set up private websites as mentioned that feed all the big private websites as the MLS does to boost their marketing and sales. Seems like MLS is just another website in the crawl no better or worse than the rest, but I have no access so I am not sure. Guess I'll go get with an agent and see all this data I am not supposed to see on private websites but as some have proven you can be a successful investor without a license. And in the mist try and sell some hand washing deals to anyone I can. :)

Originally posted by Brian P:
OK, getting a license just to get MLS access, waste of time and money. less money and the right contacts can get you that. I was an investor for 10 years before I added real estate broker to my resume.

The main reason is if your really an active investor you will come across a ton of opportunities to make extra money from a license. I was giving an agent those leads in a hand washing deal and one day at lunch two agents came in at sat at the counter with me. They talked about deals and commissions, etc. and I sort of listed the deals I had sent the agent the past deal and when I saw the amount he had made off me I said maybe I should get a license.

Well I have never regretted it, so use it to make money not just MLS access. Now your state may require disclosure but California doesn't. Many agents think it state law but it is not, it is the Realtors Code of Ethics that requires it, not the state, so check with your state. But a proper disclosure is not a big deal, many prospects like the idea your licensed because they figure you know what your doing.

As for using it to collect commission on your deals, don't do that if you don't have to. Deduct the amount from the sales price and make it capital gains instead of earned income. If I take a commission I have to pay income taxes on it, I also have to pay the self-employment tax on it. Save the money and use it. plus telling the prospect your not paying a commission has some impact.


Brian, I'm a little confused. You say the main reason you got a license is you were giving leads to agents in a hand washing deal then realized the money they were making. I am assuming you mean you passed up on commissions, ie: 2-3% of sales, vs. giving good investment opportunities away, or both? I would not understand giving good deals away as an REI, then it becomes a matter of do you want to spend your time selling property or investing in it does it not?

Also, as you said, you don't need a license to shift money as income to capital gains, nor to find info on the internet bulk of which some say is "only found in MLS" which I have no access and don't know. I did one flip property long ago, only thing the bank used that lent me 100% LTV on a projected after rehab is my personal income. He told me he has investor's that have established a positive track record with their bank and once I do that he will not need my personal income. Never cared if I had a license or not. Not that I knew what I was doing back then and I lost my job, but I remember what little experience I do have. That was 12 years ago the amount of info on the net has far since developed making me wonder if MLS and the need for agents will eventually go away.

I just sold my primary home through a $300 flat fee service I heard through a freind and will never hire an agent again to sell my home, and word is spreading in my town. I saved around $5,000 and if I ever had to buy I would not hire an agent and look @ FSBO, websites, REO's, etc…..I also negoited the buyers agents commision down $1500 from the MLS listing. Lots of sellers in my area like me can't afford agents they are taking to big a loss already in a bad market.

Jaden and the rest, makes sense thanks! Trying to locate my first property now by learning my market, visiting bank REO's, tax sales, agents, etc….

How do I obtain MLS access with out a license?

Where do I go to see what it takes to be an agent?

What good is a agent/brokerage license & the MLS?

New REI here. I'm not clear why you need a license to be a successful REI or what it does for you? These days the MLS feeds a lot of private websites, there are also flat fee services that charge around $300 to sellers on its way to reducing or eliminating the need for a sellers agent imo. Only use I can see for license/MLS access is a tool for buyer's agents to find commissions which can be accomplished on any website like Realestate.com, etc…As far as locating deals I can't see how a license or MLS helps that much if at all?

Post: Launching a Construction and REI business

Terry PortierPosted
  • Engineer
  • Wichita, KS
  • Posts 396
  • Votes 36

Hi everyone, I'm 22, senior last year of Business Entrepreneur College, Bachelor's degree. I have been working for a construction company as a general contractor for about a year, manly insurance claims. I want to branch off and start my own Construction and REI business this summer. My priority is finding a temporary place to life and the REI side, and I have a construction crew in place I manage and market. Based on what I read on these forums, my initial steps are as follows.

1. Devise a business plan outlining my vision with as much detail as possible. My business plan will be two fold, construction that seeks rehab work, and REI that rehabs flips and/or rents properties.
2. Seek professional advice from an attorney to form my LLC based on my business plan.
3. Seek professional advice from an accountant and tax professionals.
4. Register business name.
5. Seek financing (pre-approval).
6. Learn market, seek my first property.

Thanks in advance for your comments,