Fraud with our Birmingham turnkey property

Fraud with our Birmingham turnkey property

Investor · Houston, TX · Member since 2014 · 128 posts · 87 votes

In March 2015, we worked through Maverick Investor Group to purchase a property in Birmingham, Alabama. The Seller was Birmingham Income Properties - owned by Brad Lewis and Bryan Conwill. Property Management would be done by their other company, Arbor Trace Real Estate.

There were many difficulties during the rehab and purchase process. Most importantly, about two months after closing on the purchase, we discovered there was not a tenant in the property.

According to our contract, the house would be fully rehabbed with new plumbing, electrical and appliances and have a tenant in place before closing. We were also promised a paying tenant in the house at closing; a specific rental amount; a specific cap rate; and told that if the rental rate was not met, the sales price for the house would be lowered to maintain the cap rate. All of these stipulations were promised jointly by Mr. Lewis and Maverick during a webinar in March.

Problems started during the rehab process. Timelines kept getting missed. The Seller claimed work was done that wasn’t and frequently lied about issues. Fortunately we hired an independent inspector who helped us hold them accountable for doing the promised work. The inspector pointed out an old water heater that the Seller claimed was new, among many other issues. We often discussed these issues with Maverick; their response was to praise our due diligence and repeat the promises we had been given.

The Seller told us a tenant was lined up, but at a lower rental rate than promised. We mentioned up the rent guarantee. The Seller refused to lower the sales price, and eventually told us the tenant had agreed to the original rent amount. Shortly before closing the Seller sent us a copy of a signed lease. We closed on the purchase in July, and hired Arbor Trace for property management.

Almost two months passed and we did not receive any rent or owner’s statements. We contacted Arbor Trace to ask about the situation; we discovered the companies were collapsing in dramatic fashion. One staff member told us the house we had bought was not occupied. We called the electric company and verified that there was no power at the house. The lease we had been shown in order to get us to close at the agreed price was a fraudulent lease!

At that point, we reached out to another PM group in Birmingham. They helped us secure the house (which was empty) and get the lawn cut (there was a city citation on the door about the overgrown lawn).

We are not convinced that this drama is over yet. But so far, we have:

  • Bought a house that will cash flow for $200 less a month than promised
  • Dealt with a fraudulent lease
  • Had to find a new PM company
  • Had to spend at least $1000 to get the house rent ready
  • Paid a $500 bill to the electrical company to cover an unpaid bill
  • Been sent one check by the Seller to cover some costs – the check bounced (twice)
  • Received no substantive support from Maverick – they completely failed on their due diligence

Knowing how BP folks feel about turnkey properties in general, I want to say that we are not against the approach – we are in the process of closing two other turnkey properties with two different companies.

Our warning – stay away from the groups and people mentioned here and always do your due diligence!

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Investor · El Dorado Hills, CA · Member since 2012 · 1k+ posts · 1k+ votes
10y
Thanks for sharing. My biggest issue with TK is that it never made sense to me. Your goals are not aligned. I always figured that if a TK provider could deliver what they claimed to offer consistently and over a long period of time... they would either keep them or have huge corporate buyers gobbling up as many properties as they could deliver. The fact that they constantly have to hunt for small time buyers is one of many red flags for me. I don't understand why somebody would do all of the legwork to secure properties below market, fund and manage a rehab, lease up and then hand over a great cash flowing property to a stranger while retaining the management headache. That is all the heaving lifting. It is like running the first 26 miles of a marathon then handing the bib off to somebody else that gets to sprint across the finish line to kiss your wife and hug your kids. None of it makes sense unless their one time rip and ongoing management fees are a better deal than the true monthly cash flow. When I go into any type of business arrangement or partnership I try to make sure our business interests and goals are 100% aligned. With TK investing, it simply can't be. More repairs and management fees from turnover equals more money for the TK provider and less money for the investor. Every extra penny they spend over engineering a rehab to avoid future maintenance issues is coming off their bottom line. Then they have no skin in the game if the property underperforms. It's like a perfect recipe to get screwed over. If you want relatively hassle free out of state investing, a commercial syndication deal makes much more sense to me.
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  • Melbourne, FL · Member since 2015 · 99 posts · 42 votes
    10y

    @Ann Howell sorry to hear the terrible experience you had. There were red flags such as the lying and unkept promises which would have caused me to walk. Have you develop a process/system to prevent this from happening in future turnkey deals?

  • Registered Nurse (ICU) · San Jose, CA · Member since 2014 · 496 posts · 332 votes
    10y

    @Ann Howell Awsome!  I love and respect people that  have the courage to expose the bad people out there. 

    As for everyone else interested in turnkey investing....be careful.  You have to find the right company and property manager.  After a year of networking on BP and sharing experiences it is clearly evident that thier are many bad companies out there giving turnkey investing a bad name.  Finding the select few good ones is the key.  If you network enough you will find out who they are.  

  • Property Manager · Livonia, MI · Member since 2011 · 4k+ posts · 1k+ votes
    10y

    terrible.  u have learned valuable lesson here!  good luck in the future 

  • Real Estate Broker · Southeast · Member since 2014 · 175 posts · 63 votes
    10y

    @Ann Howell thank you for sharing your experience. It's frightening to think that people would take advantage of others like that. 

  • Investor · Miami, FL · Member since 2013 · 807 posts · 475 votes
    10y
    Thank you for sharing. Are you planning to take legal action? They've probably scammed many others.
  • Investor · Houston, TX · Member since 2014 · 128 posts · 87 votes
    10y
    Originally posted by @Watson Hilaire:

    @Ann Howell sorry to hear the terrible experience you had. There were red flags such as the lying and unkept promises which would have caused me to walk. Have you develop a process/system to prevent this from happening in future turnkey deals?

     Yes.  We should have listened to our gut during the rehab and walked away from the deal. At the time of close, we had been working on the deal for 5 months.  And the appraisal came back for a good value, so we moved forward.  In the future, we expect integrity through every step of the process!

  • Investor · Houston, TX · Member since 2014 · 128 posts · 87 votes
    10y
    Originally posted by @Nat C.:

    Thank you for sharing. Are you planning to take legal action?
    They've probably scammed many others.

     We have been talking with several other BP folks who are in the same situation, so we will see.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    10y

    @Ann Howell I am sorry you had the experience but I am happy you shared it.

  • Investor · Houston, TX · Member since 2015 · 3 posts · 2 votes
    10y

    (Ann's husband here).  We certainly considered walking away from this purchase.  We contacted Maverick for help on more than one occasion.  They kept reiterating promises such as the rent guarantee, and we trusted that they had our best interests in mind.  Unfortunately, our experience with them did not match what we expected;  they provided no actual help.

  • Investor · Peachtree Corners, GA · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    "Knowing how BP folks feel about turnkey properties in general, I want to say that we are not against the approach – we are in the process of closing two other turnkey properties with two different companies."

    Really? Really?  Have you thought about it for more than 2-3 seconds?  

    Seriously,  if you are actually thinking about doing another (or 2) turnkey I'd suggest going only with a company with at least a five year track record.  Most importantly talk to an investor with the company who has no other ties other than owning a turnkey property.  I'd push hard to talk to someone who actually made money on their property.   Not someone who swallowed the long term investment line.   

    Also, I applaud you for naming names and admitting you'd been taken by a turnkey provider.  Most people won't and I think many others suffer because of it.  

  • Mark AinleyBusiness Member
    Property Manager · Roselle, IL (Chicago Suburb) · Member since 2013 · 2k+ posts · 1k+ votes
    10y

    @Ann Howell & @Tim Howell  It is a shame there are companies out there that give Turnkey a bad name.  It does sound like a good PM to the rescue can turn around the spiral for now.  I have been in bad real estate deals before and my advice is to not let this scenario distract you from the rest of your financial and real estate goals.  Take what you learned and keep going after your goals because we only live once and if you don't these shysters win!!  Don't let them win!!

  • Investor · Philadelphia, PA · Member since 2015 · 97 posts · 23 votes
    10y

    @Ann Howell

    Ann... So sorry to hear what you guys went through. 

    There are people out there who will sell their soul for money and destroy other's livelihood. Wishing you the very best as you move forward. 

    Jem

  • Investor · Bay Shore, NY · Member since 2014 · 1k+ posts · 688 votes
    10y

    @Ann Howell - I am very sorry to hear of your ordeal.

    Actually, this is the third horror post about Birmingham property management companies that I have responded to today.

    My theory is that there are a few bad apples that are doing disservice to other honest and hard working property managers of good character in Birmingham.

    Thanks for exposing these evil doers, so that other RE investors will stay away from them.

  • Dawn AnastasiPro Member
    Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
    10y

    @Ann Howell sorry to hear that this happened to you.  Glad to hear you named names and potentially saved someone else from this happening to them if these people setup shop somewhere else.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    10y
    Originally posted by @Cal C.:

    "Knowing how BP folks feel about turnkey properties in general, I want to say that we are not against the approach – we are in the process of closing two other turnkey properties with two different companies."

    Really? Really?  Have you thought about it for more than 2-3 seconds?  

    Seriously,  if you are actually thinking about doing another (or 2) turnkey I'd suggest going only with a company with at least a five year track record.  Most importantly talk to an investor with the company who has no other ties other than owning a turnkey property.  I'd push hard to talk to someone who actually made money on their property.   Not someone who swallowed the long term investment line.   

    Also, I applaud you for naming names and admitting you'd been taken by a turnkey provider.  Most people won't and I think many others suffer because of it.  

    There are so many variables on what can go wrong with TK.  This situation was blatant fraud.  Showing someone a lease that was forged is pretty bad and likely won't repeat itself.  But what makes the other 2 deals with TK providers in the works more promising? Have you talked to other investors who bought from them?  Used their PM? Are you visiting the properties?

  • Investor · Houston, TX · Member since 2014 · 128 posts · 87 votes
    10y
    Originally posted by @Account Closed:
    Originally posted by @Cal C.:

    "Knowing how BP folks feel about turnkey properties in general, I want to say that we are not against the approach – we are in the process of closing two other turnkey properties with two different companies."

    Really? Really?  Have you thought about it for more than 2-3 seconds?  

    Seriously,  if you are actually thinking about doing another (or 2) turnkey I'd suggest going only with a company with at least a five year track record.  Most importantly talk to an investor with the company who has no other ties other than owning a turnkey property.  I'd push hard to talk to someone who actually made money on their property.   Not someone who swallowed the long term investment line.   

    Also, I applaud you for naming names and admitting you'd been taken by a turnkey provider.  Most people won't and I think many others suffer because of it.  

    There are so many variables on what can go wrong with TK.  This situation was blatant fraud.  Showing someone a lease that was forged is pretty bad and likely won't repeat itself.  But what makes the other 2 deals with TK providers in the works more promising? Have you talked to other investors who bought from them?  Used their PM? Are you visiting the properties?

     One mistake we made is that we spent more time checking out the broker, Maverick, than the actual seller.  We tried to to due diligence during the rehab process, but it is hard to do if there is fraud involved.

  • Investor · San Jose, CA · Member since 2012 · 2k+ posts · 3k+ votes
    10y

    @Ann Howell and @Tim Howell,

    I'm really sorry you guys got ripped off by the shysters. I'm surprised you guys live in Houston and decided to invest in another state. Isn't Houston known for being a moderate cash-flow market with some appreciation? Was there a reason why you guys don't invest close to home and decided to take the current route?

    The guy's name would have me ran the other way. If his last name is CONwill, you should have known he WILL CON you. Ok, it's a bad joke. 

    Maverick is nothing more than a marketing company. It's apparent that they don't care who is getting ripped off as long as they get their referral fee. Thanks for exposing these guys. No doubt you have saved some others from getting ripped off by these people. Thanks for having the courage to share.

    Good luck in the future. 

  • Investor · Houston, TX · Member since 2014 · 128 posts · 87 votes
    10y
    Originally posted by @Account Closed:

    @Ann Howell and @Tim Howell,

    I'm really sorry you guys got ripped off by the shysters. I'm surprised you guys live in Houston and decided to invest in another state. Isn't Houston known for being a moderate cash-flow market with some appreciation? Was there a reason why you guys don't invest close to home and decided to take the current route?

    The guy's name would have me ran the other way. If his last name is CONwill, you should have known he WILL CON you. Ok, it's a bad joke. 

    Maverick is nothing more than a marketing company. It's apparent that they don't care who is getting ripped off as long as they get their referral fee. Thanks for exposing these guys. No doubt you have saved some others from getting ripped off by these people. Thanks for having the courage to share.

    Good luck in the future. 

     We hope to invest in Houston at some point.  Right now, our main goal is cash flow.  We found that the Houston market seems overpriced relative to rents.  Also, the property taxes and flood insurance take a big chunk.  We will need to do some serious hunting and rehab to get a good cashflowing property in Houston.  Right now, turnkey fits our needs better.

  • Residential Real Estate Agent, Investor and Mentor · Birmingham, AL · Member since 2013 · 257 posts · 61 votes
    10y

    @Ann Howell thanks for sharing your experience.  I can say you have been  through an experience only the best can provide.  I too was taken for that ride a few years ago and can sympathize.  There are many victims in this wake and unfortunately with litigation the way it is, free speech is not so free. We all must do our part to keep each other safe.  Kudos to you for this post.  

  • Rental Property Investor · Laguna Niguel, CA · Member since 2015 · 142 posts · 98 votes
    10y

    My wife and I were a couple weeks away from closing on a property in Kansas City through Maverick. We had a couple red flags but convinced ourselves that they weren't big deals. Then a fellow BP member uncovered more suspicious stuff and we finally decided to back out.  After backing out we found out the guy who was actually selling the property had a VERY sketchy history in real estate.  I have absolutely NO TRUST in Maverick.  It's very clear they either do not vet their providers AT ALL or they are just incompetent.  To add insult to injury, the seller yelled at my wife on a conference call between her, maverick and the seller and maverick said nothing.  Do your own research to find good TK providers bc Maverick isn't doing it for you.

  • Lenexa, KS · Member since 2015 · 206 posts · 53 votes
    10y

    I'll echo the same statements posted by others. I'm so sorry for the experience, but thank you so much for sharing and exposing shady members of our trade!

  • Carrollton, TX · Member since 2015 · 2 posts · 0 votes
    10y

    Terrible experience. Sorry to hear that. Thanks for posting

  • Joshua DiazPro Member
    Rental Property Investor · Bronx, NY · Member since 2015 · 269 posts · 165 votes
    10y

    @Ann Howell 

    Even though it's already been said many times, thank you for telling your story and warning us of these folks.  I'll be sure to stay away!

  • Investor · El Dorado Hills, CA · Member since 2012 · 1k+ posts · 1k+ votes
    10y
    Thanks for sharing. My biggest issue with TK is that it never made sense to me. Your goals are not aligned. I always figured that if a TK provider could deliver what they claimed to offer consistently and over a long period of time... they would either keep them or have huge corporate buyers gobbling up as many properties as they could deliver. The fact that they constantly have to hunt for small time buyers is one of many red flags for me. I don't understand why somebody would do all of the legwork to secure properties below market, fund and manage a rehab, lease up and then hand over a great cash flowing property to a stranger while retaining the management headache. That is all the heaving lifting. It is like running the first 26 miles of a marathon then handing the bib off to somebody else that gets to sprint across the finish line to kiss your wife and hug your kids. None of it makes sense unless their one time rip and ongoing management fees are a better deal than the true monthly cash flow. When I go into any type of business arrangement or partnership I try to make sure our business interests and goals are 100% aligned. With TK investing, it simply can't be. More repairs and management fees from turnover equals more money for the TK provider and less money for the investor. Every extra penny they spend over engineering a rehab to avoid future maintenance issues is coming off their bottom line. Then they have no skin in the game if the property underperforms. It's like a perfect recipe to get screwed over. If you want relatively hassle free out of state investing, a commercial syndication deal makes much more sense to me.
  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    10y

    I am assuming that you did not have your own agent and relied on their broker to assist with the transaction ?

    I would pursue a complaint through the Alabama Real Estate Commission. This will not cost you any money out of pocket and is probably your only way to get any justice as most of these types of companies have already abandoned the old LLC or Corp and moved on to a new name

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