Offer to evict for wholesale deal?

Question

I received a call today from my probate marketing. This lady inherited the property from her father. She says its free and clear.

I asked her when we can meet at the house, and she says her brother lives there and they don't get along. He doesn't know she wants to sell it. She says he is hostile towards her and she wants me to go and talk to him.

I told her that she needed to sort it out first, or evict him. I can't get in to see the property.

Should I offer her a lower price for not seeing the inside, and just assume it will need a full gut job, and offer to evict her brother after closing?

Rick H. · Answer

I'm betting that she (owner) wants you to do that, not her. That's the whole point.

I've bought many properties and probates in particular whereby occupant is an heir, a relative, a friend of decedent, ex-partner/boyfriend/girlfriend and grand child's baby daddy and biker buddies.

You are in the problem solving business so go solve her problem!

Mark Pedroza · Answer

Rick H. I've bought many properties and probates in particular whereby occupant is an heir, a relative, a friend of decedent, ex-partner/boyfriend/girlfriend and grand child's baby daddy and biker buddies.

Biker buddies?? Sons of Anarchy??

Rick your the man!!

Rick H. · Answer

Ryan - just in case you don't "get" how this works, I'm in the probate business and local to Ontario.

You can go to my website (below) and watch a short video on how to set up a deal and submit online in order to greatly increase the chances of a payday. It's in the section labeled: "How to make money from referrals"

It's a green button...

Andy Mirza · Answer

@Ryan  Hobbs I would start by having your title company send you a scanned copy of the Deed to see who actually owns the property. This lady said that she inherited the house but does that mean it's hers alone or does it belong to both her and her brother? Or are there other heirs? If the brother is a part owner, I don't see how an eviction is possible. Your title or escrow company can help you by telling you what you need to get the transaction done. If it's just the the lady and her brother involved, you will probably need both their signatures on the purchase agreement as well as all the subsequent doc's that need to be signed during escrow including the Grant Deed. Most likely, you will need to get the brother's cooperation to get the deal done.

I recently got a call from an out of state owner regarding her deceased father's house in Garden Grove. Four siblings were on title and all lived in different states. When the father passed away five years ago, they agreed to let one of them (a brother) stay in the house until he got back on his feet. He was supposed to be out in five years but instead he refused to leave and had done nothing to improve his situation. The other three siblings wanted to cash out and felt that the brother was taking advantage of the situation. I made a fair offer in which we would close escrow with the brother in the house. Once escrow closed all four of the siblings would be paid their share. The brother would have a fixed 60 day tenancy but he would have the cash to move. The siblings would be free of the property and I would deal with the brother so they wouldn't have to.

The siblings called other investors and they came back with a counter offer. The brother would get 1/3 of his share at the close of escrow and the remaining 2/3 once he vacated the house 30 days after the close of escrow. Some other investor came up with a much better solution than me. He needed the money to move and a 1/3 payout upfront followed by 2/3 later seems like a much more elegant solution. I ended up getting outbid.

I suggest meeting the brother and figuring out what he needs. Hopefully, the three of you can find some middle ground and strike a deal but looking at him as an adversary will probably not help you buy the house.

Rick H. · Answer

Ryan - Don't over-complicate it worrying about a written lease the brother isn't likely to have.

Here's how you make money while you learn: refer the deal to someone you trust that knows how to make it work. Watch what they do. Learn. Accept the referral fee graciously.

Once you learn the lesson, you can use the technique as a tool for a lifetime as it will not wear out.

And don't worry about the money you give up in exchange for referring this to someone else. First, it's money you never had. Second, once learned, then mastered, you can do this perhaps dozens of times throughout your career . This is not the last fishy in the sea.

Jared DeValk · Answer

@Ryan  Hobbs  Be careful. I'm not sure of the probate laws in CA, but I had to deal with a similar but different situation in SC. A son inherited the property from his father (it was actually left to him in a will). His uncle who had been out of the picture for quite sometime stepped forward and said that he reconciled with his brother (the son's father) and he deserves to own the property. In SC, a family member can contest a will and, in the majority of cases, is entitled to upto half the value of the real or person property in question. Be sure that's not the same in CA and be sure that he does not have a right to contest the will.The buyout sounds like a good idea to avoid any headaches.

Ryan Hobbs · Answer

Thanks Rick,

I will go check it out.

Ryan Hobbs · Answer

Thanks William,

I'm going to try and buy him out.If not, the seller understands she will be getting less.

Bill Larsen · Answer

Hey @Ryan  Hobbs

As for the eviction, you would need to serve a 60-day notice.  Once the 60 days are up then you could start a standard old eviction.  As long as you don't mind the longer hold time, a good eviction attorney should have no problem getting him out.  If you assume the interior needs a total rehab, then viewing the inside isn't important.

Disclaimer: I am not an attorney, this is just how our attorney does them for us

Ryan Hobbs · Answer

I never wanted to go at it alone . I'm going to call a couple of people and see if they can jump in.

Thanks Rick.

Your knowledge is vast, and Ihope to be as knowledgeable as you someday.

Offer to evict for wholesale deal?

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