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All Forum Posts by: John Clark

John Clark has started 5 posts and replied 1537 times.

Quote from @Rodney Lorenzo:

This is good to know and something I'll bring to the attention of my realtor who represented me

 STOP RIGHT THERE. Why are you using a real estate agent -- who gets paid on commission and therefore has a conflict of interest because he wants you to buy (and can recognize "urges" a mile away) -- for drafting LEGAL documents like contracts? You need to pay a lawyer. Yes, it's money -- often a lot -- up front, but the lawyer works only for you. Not the other guy, and not the real estate salesman. A lawyer would have provided that you received all the financials by a set date, and approved them to your level of performance. Yes, you will sign a non-disclosure agreement to make it happen.  No documents by date X? Money returned. Disapprove of financial performance and rent rolls? Money returned. No X? Money returned. There's a Z? Money returned.

You don't go to a salesman for medical advice. Why did you go to a salesman for legal advice? 

Cut your losses. Sell/donate the property. Set your goals. Assemble a TEAM that knows of, and can help you achieve, your goals without any conflicts of interest. Particularly a team strong-willed enough that can save you from yourself. Many times your best friend is the guy who says "No."

Quote from @Rodney Lorenzo:
Quote from @Dan H.:
Quote from @Rodney Lorenzo:

The building is commercial, so the value is based on all units filled. Right now I have 2 out of 6 filled and the previous owner filled them with riff raff so he could get it sold. In wanting to turn it around to a cash flowing status, I've had to evict non-paying tenants because I thought I could flip them. Now I realize it's taking longer than expect because no one wants to live in the neighborhood. I don't see any gentrification reaching that area any time soon. A partner would balk at the idea of partnering with me for obvious reasons


Did you determine the NOI based on a T12 or projecting current month for the year? I suspect you did something closer to the 2nd than the 1st. I would not rely on getting someone else to value the property as you did and I am surprised you found financing.

There are PMs that specialize in these types of properties.  They charge s premium because managing these type of properties require increased level of effort.  Find a PM that specializes in this class of property/tenant and pay them what they demand for their valuable skill set. With a specialized PM you may still lose money, but I suspect it will be less than you are loosing today. Maybe a specialized PM can turn this to where you will start to make a little money.  Regardless they will minimize losses until your prepayment penalty expires. 

Does your prepayment penalty ramp down?  For example does it drop to 3% after 2 years?   

Good luck

I didn't get a T12 until much later. Way after I had already paid the earnest deposit. When I did, I noticed a fluctuation in the rent roll, but I never got an answer as to why. Later I found it it's because the tenants pay what they want, when they want and I can't run a business like that. At what point does one make a decision to blow his earnest money away? What if you don't find any red flags until after? How is one to know how much money one can lose if you dive right in? I'm a newbie. My first investment. I'm not yet at the stage where I can do this blindfolded but I am one to take chances, except this time it didn't pan out. The PPP doesn't scale down for the first 5 years. It stays at 5% for every year.

I’m glad you originally said that your urges got you in trouble; that’s what happened. 

My question is, however, who wrote the contract you signed? Once the financials didn’t make same, and you couldn’t get a straight answer, you needed a contract that allowed you to get out and have your money returned. 

If you can’t control your urges, then decide to follow the contract, a contract that you control. 

Also, you say the property is commercial, but it sounds like you have residential tenants. Which is it?

Sit down with two or three experienced property managers and ask each how he would handle the situation if you hire him. Pick the one with the best plan of action. 

And for the love of God, control your “urges.”
Quote from @Daniel Colon:
Quote from @John Clark:

So, lemme get this straight: You concealed from your lender your plan to transfer the property to a commercial entity after obtaining the loan based on your personal liability. Now you want to whine that the lender says “No”


The problem is where?

John, I like to keep things respectful. I think your approach to my person is lacking respect. Im not whining. Im looking for advice. 

If you want to understand the situation better and “get it straight”. I told my initial lender my plan. They were ok with it. But in the process (2 weeks) they sold the mortgage to another company. And the new company is the one saying no. 

Next time you want to comment, please keep things professionally and respectfully.  


Uh, let’s respect the facts: your original lender told you that it was going to sell the loan and you needed to wait.

those are the facts. I understand them perfectly. 


Now you complain that your plan to ignore the original lender’s instructions was not successful.

How is that not whining?
Quote from @Corey Conklin:

The issue I see with all of the comments on this thread is a clear lack of perspective. Contractors aren’t willing to understand the Investors side, Investors are willing to understand the Contractors side. If everyone would zoom out and really try to gain perspective of the other side it would help clear up so many issues.

Contractors,

You need to understand why the Investors are asking for bids without materials. It’s because they have been burned in the past by paying a contractor for materials up front who walks with their money and doesn’t do any work, or contractors trying to overcharge. Why they are looking for the best deal. It’s because they are looking to maximize their investment. Why they are choosing the contractors they do. They don’t need someone who isn’t accountable and will want to charge insanely high prices. Once you begin to understand what they are after you can help provide a service to them that will benefit all parties.

If you as the contractor are always on the defense and pushing back to potential clients needs with a “my way or the highway” attitude it’s not going to solve anything. It also doesn’t help when you say you’ll charge 2-3x what the going rates are either if they don't bend to your will. Would you want to work with anyone that has that attitude? What if you went to a nice steak house and requested your meal prepared a certain way. In return the staff was rude and said that you’ll get what you are served and if you don’t like it, you can leave or we’ll just charge you double! That’s not the greatest business model.

Trust me, I understand the difficulties of the construction industry. It’s not for the weak! It’s incredibly easy to get jaded over all of the crap that happens in our industry such as clients who don’t pay, labor shortages, supply chain issues, tight schedules, incompetent inspectors, terrible drawings, weather, safety, etc. If handling that is too much go do something else because it’s not going away!

Investors, homeowners, business owners, etc. need our expertise. As contractors we need to be great communicators and keep the client’s interest in mind at all times. Contractors need to be clear on the expectations the owner should have on their work and what’s in their bid. Unmet expectations lead to frustration, so make the expectations crystal clear! Take accountability for everything and do what you say you’re going to do, period!

Investors,

You need to understand that without contractors, your dream of financial independence doesn’t happen. Acting like you are some high and mighty investor that deserves to have contractor bow to your every demand is a load of crap. It’s amazing how many times I’ve heard “If you give me a good deal on this job, I will have future work” or “I don’t want to spend much on this project, it needs to be cheap” or “can you do it cheaper”. Newsflash, contractors don’t want to hear this at all.

Advice – don’t ever say the word “cheap” to a contractor. There isn’t a quality contractor that wants to do “cheap” work. Instead, you should ask for value, or ways the contractor can meet your expectations for the project for maximum return on investment. If you are open about the goals of your project, they will be able to help you reach your goals with their expertise. If they can’t do that, they aren’t a good contractor or you have unreal expectations.

It is your responsibility to be a good client to your contractors. Their jobs are far from easy and it’s only worse when you have unreasonable expectations and treat them poorly.

Let’s use the steak house example again. If you are provided with great service and a great meal but only make your servers/cooks job harder by being ridiculously nitpicky, rude, and never showing gratitude no one is going to want to serve you. You may get by for a short while but eventually they are going to find a way to keep you away. In the contractor world, word gets out quick (at least in my area) about bad clients so it’s best you don’t get a reputation you don’t want.

Pay your contractors timely, understand sometimes schedules and budgets aren’t met, things can and will go wrong. It’s not always your contractor’s fault and you need to understand this concept.

To sum this all up, I used to be a bitter contractor that always cussed working with clients, Architects, Engineers, GC’s, etc. Then I became an investor who needed different contractors to help me scale my business and I realized what the client goes through. There are some BAD contractors out there, I mean awful. It really opened my eyes to what they have to go through and why they request the things the do. Now I have a better understanding of both sides and it’s helped me provide a better service to my clients as a contractor.

Grow your perspective and it will change so much. Be good to people because you may not understand their perspective.

Nope. Somebody walking away with money is fraud. Fraud has nothing to do with not bidding on a job where the owner supplies materials that the contractor is going to be responsible for. 

your scenario is based on bad contractors, not bid practices. 

I can’t abide by wooly-headed thinking. 

So, lemme get this straight: You concealed from your lender your plan to transfer the property to a commercial entity after obtaining the loan based on your personal liability. Now you want to whine that the lender says “No”


The problem is where?

Quote from @Randy Dubiskas:
Quote from @Russell Brazil:

The property is being used for commercial purposes, so I guess that makes sense.


Also, what about the retiree that books an ADU or casita out to make some extra coin, then loses property tax benefits afforded to seniors?

What about it? We want to help widowed Aunt Tilly, living in genteel poverty, not Donald Trump or Uncle Fester, whose extra “coin” means the difference between two months a year in Cancun and three. 
Quote from @Randy Dubiskas:

Maybe, and I don’t have a lot of experience with property taxes on commercial but the basis is different. Homeowners are taxed based on market value and recent sales. Commercial same?

In most every state/locale, yes. The tax rate is usually higher for commercial, but determining the base value is usually the same as/similar to determining the value of residential properties. 

If owner occupied, I would assume that either some sort of blended method would be used, or if lucky, the owner gets a pass. 

Quote from @Eric Samuels:

I’m new to house hacking a duplex and this is the second time someone asks me for a late move in. If I allow someone to move in later in the month (target month is nov) Should I still mandate full deposit and first months rent before before the first of the month?

Why wouldn’t you? Lease starts on the first, not the physical moved-in date. Explain to the potential tenant that anything else creates problems on the back end when the lease is up. 
Quote from @Eric Samuels:

I’m new to house hacking a duplex and this is the second time someone asks me for a late move in. If I allow someone to move in later in the month (target month is nov) Should I still mandate full deposit and first months rent before before the first of the month?

Why wouldn’t you? Lease starts on the first, not the physical moved-in date. Explain to the potential tenant that anything else creates problems on the back end when the lease is up. 
Quote from @Mary L.:

With an 8% mortgage rate, there is no way to have positive / break even cash flow buying a market price property on MLS today.

I picked a house in the MLS today.

$460k asking price (non-expensive market price) on a SFR.

Say we got it for $450k after negotiation.

$2000 monthly rent,

with 25 % down, 8% rate, mortgage include property tax, HOA, insurance is $2900 monthly before I even count the vacancy, repairs, management fees etc.

This is a -$900 monthly negative cash flow.

Unless paying cash, after all the cash investor dried up, using 25% down payment, how do a typical mom and pop landlord buy a new property?

What strategy can we use to survive in this new market?

How do landlords stay profitable or break even cash flow in this high rate market?

Thanks!

Your negative cash flow is more than $900.

you don’t buy more property. Demand falls and prices eventually drop. Or rents go up. Or maybe renting isn’t the highest and best use of the property. 

other suggestion is a Starker exchange.