Monday, September 28, 2009

Pros and Cons For Sellers (Rent to Own)

A – Seller Benefit: There are significantly more buyers than sellers with lease-options. The buyers who are serious are not dummies. They are often more connected to the neighborhoods and understand market values of the homes better than the real estate agents selling homes there. When a lease-option is structured properly you will be surprised at the buyer demand for the property no matter what its value or location.
B – Seller Benefit: The tenants will usually treat the house as if they own it since they will probably buy it when the lease-option terms are up. The importance of screening potential tenants is something that landlords must learn. The same concept is valid for lease-option homebuyers. The lease option applicants that I have seen tend to treat their houses well, since they would like to own their own home someday. I’ve had good experiences with lease-option tenants except one. Since I failed to conduct a thorough check on my applicants, this was my own responsibility.
C – Seller Benefit: If you apply a portion of the rent as a credit towards the overall purchase, the tenant will generally be willing to pay higher than market rent. The tenant who chooses a lease option knows that it is a good bargain; hence they are ready to pay a rent which is higher when compared to the market rent for a similar house. How much more? I don’t possess this knowledge. Start at 10% more, but realize it can often be even higher than this. People who enter into lease-option agreements realize that this is an excellent way for them to have the home they have always wanted. Even if it isn’t the home they want to stay in forever, it will allow them to improve their Fair Isaac Corporation (FICO) credit score and improve their overall financial situation so they can qualify for a mortgage loan in the future.
Lease option sellers also need to record all monthly rents they receive as rental income on Section E of their 1040 income tax forms. The IRS cannot claim a landlord didn’t report all rental income if a tenant chooses not to utilize their purchase option. The landlord can equalize the rental income making it essential tax-free by using the Schedule E form, which accounts for the rent received less the applicable expenses for lease-option property such as insurance, property tax, repairs and depreciation.
D – Seller Benefit: When a tenant decides to purchase the property, they will be given an “adjusted sales price” which is the gross sale price minus the rent credit that was accrued while they were leasing the property.
Depending on the circumstances, especially when you are the lease option buyer, it may be advantageous to negotiate for the buyer to pay for all repair bills. As a lease-option buyer, it is wise to have complete control of what happens to the property so that you can decide how and when to make repairs and improvements.
E – Seller Benefit: One of the advantages for the seller is getting the non-refundable money for the option and possibly pre-paid rent as well.
To have a valid option to purchase a property, the buyer-tenant will have to pay a form of non-refundable option consideration, which is usually money. One dollar would be sufficient.
Experience shows that if the amount of option money is higher, there is a greater possibility of the tenant to purchase. I usually try to get several thousand dollars in non-refundable option money as an incentive to the buyer. These funds act like a security deposit in a regular rental agreement, except that deposits cannot be refunded with a lease-option.
Until the exercising of the purchase option, the option consideration money does not need to be reported as income to the IRS. This is because if the money is used as part of the buyer’s down payment part of it becomes non-taxable return of investment and the other portion is taxable capital gain. The non-refundable option money becomes taxable income to the landlord if the tenant decides not to buy the property.
Some tax advisors will recommend the option for the money to be reported to the IRS in the tax year of its receipt by the property owner. Yet many don’t understand what to do if the option to buy is not exercised and the money has been reported and taxed as regular income. It is also unclear how to account for a situation where the property is purchased and a portion of the money is used as a non-taxable return of investment and part of it becomes capital gain.
F – SellerBenefit: Lease-option buyers will ultimately pay the maximum for the option purchase price. As a long-time seller of houses using lease-options and determining my option purchase price on recent sale prices of comparable nearby homes, buyers have not questioned the prices I have set. I make the price at the high end of the going rates for the location. Lease-option buyers are thrilled to find a lease-option, so often buyers won’t argue over the price or terms, unless they are unreasonable.
Sellers would probably prefer twelve-month lease options. However, as a buyer, the longer term you have the better so that the option purchase price is locked in and you have a better chance of cashing in on any appreciation of the property. My experience has shown that when the lease-option expires in 12 months many of the tenant-buyers are not ready to exercise their purchase option. I think that’s great!
At that time, we can renegotiate the (a) monthly rent, and/or (b) option purchase price. In a rising market, it is especially important. When selling, I have often extended an annual lease for up to as long as five years, but usually with different terms.
G – Seller Benefit: Throughout the terms of the lease, the person selling the property gets to take all tax deductions, including income and depreciation. Purchasers and real estate agents should strongly emphasize this point to potential sellers, for it is a great benefit to lease-option sellers. However, once the property is purchased, the seller has to report the sale on Schedule D of their income tax return and include any “recapture” of depreciation that may have been deducted while the property was rented.
It is important for the seller to remember the major tax benefit of Internal Revenue Code 121 if the house or condo has been their principal residence. The seller who has lived in his home for at least twenty of the last sixty months before selling it, then he is eligible to claim tax free capital gains to $250,000 and till $500,000 for a married couple who fulfill the occupancy test. This tax break will be lost to the seller if he uses the lease option for more than three years after moving away. It is highly recommended to consult with a tax advisor.
If an investor owns the lease option property, he can make a tax-deferred exchange under Internal Revenue Code Section 1031 when the tenant elects to buy the property. The property must be of equivalent value, combining cost and equity, in order to qualify to find out all the pertinent information, please check with the person who advises you on your taxes.
H- Drawback for Seller: There is no immediate sale for cash. A leash option is not a good idea if you need an immediate cash sale of your property. Although, if you are not in a hurry to sell but need revenue to cover the mortgage payment, taxes or other expenses a lease-option will give you all of the benefits explained previously.
If the property market skyrockets in value during the lease-option term, the tenant-buyer benefits. This is the reason why I recommend that owners only sign one-year lease-options. In order to avoid unforeseen difficulties, I would never advise entering into a lease option, which allows for the option price to be negotiated or determined by an appraisal. Instead, as the seller, be happy for the buyer if the market value goes up, even if you don’t receive absolutely top dollar for the property.

Tuesday, September 22, 2009

Myths The Credit Bureaus Want You To Believe

Myth No. 1 – It is easy to dispute a credit report. Consumer’s can resolve their own issues.
To be honest, it IS simple to challenge a credit report. However, as an everyday person, it’s amazingly difficult and frustrating to get results from the credit bureaus. Here’s why.
This is a little-known fact. More complaints to the Federal Trade Commission involve credit bureaus than any other type of company. The major credit bureaus have paid fines of $2.5 million over the years due to failure to respond properly to charges.
The main objective of credit bureaus is to protect their profits. They are NOT government agencies. They are for profit organizations. Anytime they have to investigate a consumer disputes it eats into those profits. Investigations take up time and energy too. The credit bureaus do everything in their power to make restoring your credit exceedingly difficult, short of sparking more massive lawsuits.
Attempting to restore your own credit means you must be willing to spend time learning about the process. This is why it is so difficult when you are inexperienced. Itmost cases you may be less effective than if you hired a professional. Realize that credit restoration will most likely take longer than you expected.
Myth No. 2 –A negative item that is successfully removed from your credit report will simply reappear again.
The reality is that a creditor has 30 days to verify a dispute. If the credit bureau has not heard from the creditor within that timeframe, they must delete the item from your report. Sometimes the bureaus will perform a soft delete. This is where they delete the item from your report but, will reinsert the item if they hear from the creditor within a week or two of the 30 days.
If this happens, the item can be disputed again. However, most of the time, once an item is deleted, it is gone for good. By using our preferred attorney’s, you can be sure your item will be disputed over and over again until it is removed. We have experienced a 96% success rate with this.
Myth No. 3 – Bankruptcies, foreclosures and tax liens can never be taken off your credit report.
Approached correctly, any negative listing can be removed. That is why it is best to work with a professional. They have the experience and know how to remove these items.
Myth No. 4 – The credit agency permits a 100-word paragraph to be entered on an account to explain the situation. Creditor’s take this statement into consideration when they’re weighing they’re options about extending credit.This seems reasonable, but it’s not correct. When we talk about creditors, we’re talking about companies who are loaning money – for credit cards, mortgages, cars, department store credit cards. Very few of these companies will consider any information you submit in a paragraph explanation. The only items verified on the statement are the negative items on your report.
The first thing we want to delete from your credit file would be the 100-word explanation. In essence, the explanation is seen as an admission of guilt. It’s actually the last thing you want to do. It verifies that something happened. You don’t want to do that.
Myth No. 5 – Paying off a past-due account (like a collection account or a charge off) will change your account to a “paid” status and it will no longer reflect negatively.
It is nearly impossible to completely fix your credit unless you settle your unpaid debts. However, as strange as it may sound, paying off a debt can have a negative impact on your credit rating. Aside from bankruptcy, which can appear on your credit report for up to ten years, negative items may be kept on your report for up to seven years. The date of last activity starts the 7 or 10-year time period. Making a payment “resets” the clock because it is considered new activity. So if this item was two years old, when you make a payment on the collection, the two years are wiped away and you start at day one again. It appears to the credit scoring computer as an item that happened yesterday.
Anything that happened yesterday affects your credit score more than something from two years ago does. This will damage your report, as it looks like the credit bureau forced you to pay up. Since you can do more harm than good, even though your intentions are right, it is always best to work with a professional when trying to restore your credit.
Myth No. 6 – Some people believe that a poor credit report can be off-set by building new credit.
Even one negative item on your credit report can have serious negative consequences. In today’s computer world, the decision to approve a new loan is rarely made by a human being. Your score is determined by a computer program. One negative item can send interest rates soaring.
You can have a small amount of negative credit a year or two ago. The last year or two has been great. A couple of those older accounts, regardless of how much good credit you now have, can cause you to be declined for additional credit, make you pay higher interest rates and waste thousands of your hard earned dollars.
Myth No. 7 – Credit bureaus are part of the government and are unquestionable.
The credit bureaus are in business to make an impression on their stockholders since they are publicly traded companies. They are NOT agencies of the government. In fact, the industry is one of the most heavily regulated. It has recently been revealed in a survey, by an independent group, that over 70% of all credit reports have an error on them. Due to the prevalence of mistakes, consumer protection legislation has been drawn up which allows the consumer the right to challenge the bureaus and force them to remove any incorrect data, information that is out-of-date or data that cannot be verified.
Myth No. 8 – It is against the law for creditors to remove a negative-listing on my credit record. Negative-listings are required by law to remain on the credit report for at least seven years.
When talking to collection agencies, credit grantors or the credit bureaus, keep in mind that you can expect to be given all kinds of quasi-legal drivel by people who are over worked and under trained. The law states that negative information must be removed after seven years. It sets a maximum, but not a minimum. The credit bureau can remove an item whenever it suits them.
Myth No. 9 – Many people share a belief that by getting a federal tax ID or altering a few numbers of their social security number, a new credit file will be created.
It’s extremely difficult to create a new credit file by this scheming, not to mention illegal, activity. A lot of people do it, but a lot of people also get into big trouble for doing it. This is not something that you want to do.
It might have worked 10, 15 or 20 years ago. But because of all the computer linking systems now, giving fraudulent information on a credit report is nearly impossible to get away with, let alone the fact that it’s a criminal offense.
It’s in your best interest to hire adequate representation. Face the music and confront the credit bureaus, armed with the rights that Congress has granted you through the consumer protection laws.
Myth No. 10 – Credit counseling services can help you restore your credit.
Credit counseling services are agencies that are set up to help you renegotiate your credit cards and other debt. They put you on a budget and you make one payment to them. They in turn pay all the bills for you.
People who are in debt or who are trying to avoid going bankrupt can seek help from these nonprofit consumer credit counseling services. (CCCS’s) However, these companies are controlled and funded by the credit bureaus and the credit grantors, like the big credit card companies. They actually fund these agencies.
Your creditors will usually make a note on your credit report if you’re working with one of these consumer credit counseling services. Potential credit grantors are scared off by this almost as much as a Chapter 13 bankruptcy. Some of the worst credit reports out there have been participants in a credit counseling service or similar program.

Monday, September 14, 2009

New Marketing Dawns For Real Estate

The internet has become such a common part of our everyday lives that people around the world use it for nearly everything they do. The world, at large, can now stay connected with friends and business associates, shop for nearly any kind of goods, track finances, transact business and virtually do almost anything else.
The real estate world has been shaken up with the monetary forecast as of late but now it’s got a new tool. Web 2.0 real estate marketing is helping agents achieve some amazing things.
Many people aren’t familiar with web 2.0 or know what it’s all about. Web 2.0 is the next generation of the internet. It is all about the way in which we exchange resources, information and with each other. Web 2.0 has given the world something simpler, more flowing to be connected with.
Realty agents using web 2.0 real estate marketing have discovered a method to reach out, across the planet to a whole new market. Using social networking sites as the foundation of their marketing efforts, sales are starting to snowball in many areas. Interestingly, many realtors never even meet face to face with their clients, thanks to web 2.0.
Social networking sites make it possible for you to create a personal page and post practically any information that you’d like about yourself so that anyone and everyone can see it. Realtors have found this amazingly useful. By utilizing other words that relate to location of the properties that are available, Real Estate agents can create a collection of pages on every one of the social networking sites.
Utilizing these sites to bring interested prospects in, Real Estate agents can generate far more interest in their properties than if they merely used a business website. Additionally, they can link their personal pages to their business sites, to increase business even more.
Web 2.0 allows you to post properties online a give anyone a virtual tour.. A lot of Realty agents are receiving interest from out of the country for houses in their local area. Many homes are being sold, sight unseen, within hours of a virtual tour by a prospect. This ease and flexibility to share information is unprecedented in the industry.
With web 2.0 marketing, a entirety new era of real estate is beginning. Until now, people haven’t been able to communicate with each other so easily and use the same resources, across the same medium. With the market in it’s current slump, social networking is breathing new life into an old game.

Monday, September 7, 2009

Building Construction

For the successful execution of a project, effective planning is essential. Those involved with the design and execution of the infrastructure in question must consider the environment impact of the job, the successful scheduling, budgeting, site safety, availability of materials, logistics, inconvenience to the public caused by construction delays, preparing, etc.

Building construction is the process of adding structure to real property. The vast majority of building construction projects are small renovations, such as addition of a room, or renovation of a bathroom. Often, the owner of the property acts as laborer, paymaster, and design team for the entire project. However, all building construction projects include some elements in common - design, financial, and legal considerations. Many projects of varying sizes reach undesirable end results, such as structural collapse, cost overruns, and/or litigation reason, those with experience in the field make detailed plans and maintain careful oversight during the project to ensure a positive outcome.

Building construction is procured privately or publicly utilizing various delivery methodologies, including hard bid, negotiated price, traditional, management contracting, construction
Residential construction practices, technologies, and resources must conform to local building authority regulations and codes of practice. Materials readily available in the area generally dictate the construction materials used (e.g. brick versus stone, versus timber). Cost of construction on a per square metre (or per square foot) basis for houses can vary dramatically based on site conditions, local regulations, economies of scale (custom designed homes are always more expensive to build) and the availability of skilled trades people. As residential (as well as all other types of construction) can generate a lot of waste, careful planning again is needed here.

The most popular method of residential construction in the United States is wood framed construction. As efficiency codes have come into effect in recent years, new construction technologies and methods have emerged. University Construction Management departments are on the cutting edge of the newest methods of construction intended to improve efficiency, performance and reduce construction waste.

John Schmidt
Innovative Design
jps1914@bellsouth.net
336-501-8918