My Brother asked me to manage his property.

My Brother asked me to manage his property.

Phoenix, AZ · Member since 2015 · 345 posts · 138 votes

My older brother recently bought a new home for his family, moving him out of his current duplex that he can't sell because he's underwater.  He also does not want to deal with being a landlord.  Here is where I come in possibly...

I became hungry to learn about REI and for about 6 months I have been reading books, blogs, posts, listening to podcasts, asking questions, etc... and loving every minute of it... I actually am about to close on my very own duplex that I got for a great deal just a few blocks away from my Brother's duplex in a week or so!! Super excited but definitely in overdrive trying to put together my business so it is ready for a tenant. @Brandon Turner and his wife wrote 2 terrific books recently on Managing/Investing in rental properties and boy did I take away so much after just reading it once... Its incredible on how actionable these books are instead of just theory based writing.  I will be honest, these books are going to get me off the ground and I can't be more thankful...

Here is my question:

Would I be taking on legal risk managing my Brother's duplex as I manage my own?  His tenants that I find and mange will be using all the forms currently being generated and soon reviewed by a lawyer and I.  (I'll get my lawyers advice on this too but I love hearing from the BP community).  Anyway, has anyone done something like this for a family member, friend, coworker, or whomever?  Just for some extra money to later invest? I could even see myself buying it from him in years to come if he gives me a killer deal ; ) 

The way I see it is that its an extra 130 bucks a month for me in profit for helping him and I will have another property to learn on and become more "handy".. Just 3blocks away...  I would invest in another property right away but my funds need to be replenished after doing my first deal : ) 

Cody B

Thanks!!! 

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San Francisco, CA · Member since 2016 · 238 posts · 204 votes
10y

@Cody Barrett - Congrats on investing / making headways in your business. Two big thoughts come to my mind:

  • Property Mgmt License: Depending on the state, you may need a property management license to legally manage your brother's property. Check your rental property's state's requirements. But, in most states, if you're not the owner then you can't manage it without a license.
  • Trust Account: If your rent collection is not an online ACH/e-check transfer (which I highly recommend setting up for all properties -- from the tenant straight to the owner), then you cannot collect the rent without setting up your own trust account. Therefore, I recommend your brother sets up an online account to transfer the money directly from the tenant to him.

Let me know if you have any other questions!

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  • San Francisco, CA · Member since 2016 · 238 posts · 204 votes
    10y

    @Cody Barrett - Congrats on investing / making headways in your business. Two big thoughts come to my mind:

    • Property Mgmt License: Depending on the state, you may need a property management license to legally manage your brother's property. Check your rental property's state's requirements. But, in most states, if you're not the owner then you can't manage it without a license.
    • Trust Account: If your rent collection is not an online ACH/e-check transfer (which I highly recommend setting up for all properties -- from the tenant straight to the owner), then you cannot collect the rent without setting up your own trust account. Therefore, I recommend your brother sets up an online account to transfer the money directly from the tenant to him.

    Let me know if you have any other questions!

  • Ormond Beach , FL · Member since 2015 · 345 posts · 223 votes
    10y

    Check your state requirements. I manage one for a friend that is military Overseas and don't have any problems (legal or otherwise). Good luck!

  • Investor · Daphne, AL · Member since 2014 · 1k+ posts · 242 votes
    10y
    Answer to your specific question is "yes." Best to consult both your lawyer and your insurance agent. Good luck.
  • Bob CollettPro Member
    Property Manager · Brecksville, OH · Member since 2014 · 486 posts · 464 votes
    10y

    YES. Key components of property management (leasing and renting) are considered real estate activities under existing Wisconsin real estate licensing laws. If a property manager is going to negotiate, or offer to negotiate the rental of an interest in real estate, or promote the rental or leasing of real estate, he or she will need a broker's license. A salesperson working under a broker may engage in such activities.

    Good luck.

  • Bob CollettPro Member
    Property Manager · Brecksville, OH · Member since 2014 · 486 posts · 464 votes
    10y

    Sorry for the big type in my post... not sure why this happened.

  • Phoenix, AZ · Member since 2015 · 345 posts · 138 votes
    10y

    Fantastic advice everyone! I have direction and can take action on some ideas.  Thank you so much!!! I think for now I will focus on getting myself off the ground and after a few years maybe I can venture down that road.  I will just be a handyman for him! He can collect and deal with the tenant issues ; )  

    Thanks again everyone.  I can't wait to see where my new career takes me. 

    Cody 

  • Rental Property Investor · West Bend, WI · Member since 2015 · 931 posts · 598 votes
    10y

    from the Wisconsin Broker CE I have taken you are ok to show someone elses unit, hand them a lease, and even collect rent or security deposit, but you cannot negotiate that lease, meaning no variation to what is in print, nor explain anything in the lease. Best of luck what ever you decide. this may also be helpful. http://datcp.wi.gov/uploads/Consumer/pdf/WisconsinWayWEB.pdf

  • Residential Real Estate Broker · San Antonio, TX · Member since 2016 · 506 posts · 311 votes
    10y

    Another consideration is the (sometimes) headache of collecting fees if you have the tenant pay directly into the landlord's account.  It might not be a concern with family, but for a PM, the resident should pay the PM and the PM distribute to the landlord after fees/repairs are deducted.

    Its more work, but it can help keep you from getting stiffed on a debt.

    You do have to distribute later in the month if you take personal checks, so they clear before you pay the landlord.

  • Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    10y

    In California I could not manage my parents houses for financial reimbursement without a license which is why I do it for free. If I did for payment than yes, I was opening myself up to legal issues per my understanding of the law and asking my legal counsil. Still I cannot recommend asking your lawyer and following his advice. Every area is different.

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