All Forum Posts by: Brian Gibbons
Brian Gibbons has started 114 posts and replied 4413 times.
Post: Resources - California - Agents and Brokers Legal Concepts

- Investor
- Sherman Oaks, CA
- Posts 6,088
- Votes 3,921
I thought those resources would just make it easier for folks. :)
Post: is wholesaling illegal?

- Investor
- Sherman Oaks, CA
- Posts 6,088
- Votes 3,921
Man, poor Felix, he cant investigate his own back yard.
I have quite a few contacts in Cleveland, OH and I have a good friend that is SMART but is not licensed, and got a cease and desist letter a couple of years ago, very smart guy too, in the game of flipping and landlording.
He needed to get an attorney, and still hasnt got a license.
FYI, folks, you can buy and get on title, with sub2, land contract, transactional funding, etc, THEN resell.
But if your intention and behavior is ALWAYS TO ASSIGN, and never to close the transaction and get on title, beware.
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From the Dept of RE in OH
ATTENTION BROKERS!
Are you forwarding copies of this newsletter to your salespeople?
Cease and Desist Orders Issued
Acting as a real estate agent without a real estate license violates Section 4735.99 of the Ohio Revised Code and is a first degree misdemeanor. Despite this prohibition, the Division still finds evidence that unlicensed people and companies engage in activities requiring
a license. Most often, the Division issues Cease and Desist Orders in these cases, but if offenders continue to engage in the unlicensed conduct, the Division may ask the appropriate local prosecutor to consider initiating criminal action. Since the last newsletter, the following individuals/companies have been issued
Cease and Desist Orders:
xxxxxxxx
xxx Diamond Ave.
Barberton, OH 44203-2635
xxxxxxxxxxxxx
yyyyyyy Investment Corp.
North Olmsted, OH 44070
xxxxxxxxxx
xxxxxxx Carmichael
Chesterland, OH 44026
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Here for the 10th time an attorney talks about what is illegal in OH.
http://watsoninvested.com/wholesaling/
The definition of "cavalier"
adjective: cavalier
1.showing a lack of proper concern; offhand.
"Anne was irritated by his cavalier attitude"
synonyms:offhand, indifferent, casual, dismissive, insouciant, unconcerned;
Post: Resources - California - Agents and Brokers Legal Concepts

- Investor
- Sherman Oaks, CA
- Posts 6,088
- Votes 3,921
Post: Looking for private loan originator in Toledo, OH

- Investor
- Sherman Oaks, CA
- Posts 6,088
- Votes 3,921
I dont know of a better RMLO in the country, Bill.
Great resources on Dodd Frank there too.
Post: How did you pay for your first few investment properties?

- Investor
- Sherman Oaks, CA
- Posts 6,088
- Votes 3,921
What you are referring to is an "equity split"
In the sandwich lease purchase business, say you lease with option at $200K (you and seller) and sublease and suboption (you and tenant buyer) for $220K or new appraisal, whichever is higher.
You tell the seller your plans, but offer an equity split in the net profit over $220K.
This works well in appreciating markets.
The note can be structured with an "either or"
Good point.
But it gets confusing for the seller.
I'd just set the price at .97 of comps to be sure it would sell.
Post: Looking for private loan originator in Toledo, OH

- Investor
- Sherman Oaks, CA
- Posts 6,088
- Votes 3,921
Use a RMLO and a title company.
See
http://sellerfinanceconsultants.com/feature-conten...
Post: Resources - California - Agents and Brokers Legal Concepts

- Investor
- Sherman Oaks, CA
- Posts 6,088
- Votes 3,921
I hope these links to the California DRE (Now BRE) will help BP members in California
References California Law Real EstatePosted on by [email protected] — No Comments ↓
3. Trade and Professional Oganizations
6. Transfers of Interests in Real Property; Contracts
7. Principal Instruments of Transfer – Deeds etc.
11. Impact of Penal Code and Other Statutes
13. Non Mortgage Alternatives to Real Estate Financing
14. Real Estate Syndicates and Investment Trusts
17. Subdivisions and Other Public Controls
18. Planning, Zoning and Redevelopment
20. Basic Contract Provisions and Disclosures in a Residential Real Estate Transaction
23. Developers of Land And Buildings
24. Buying and Selling Businesses
25. Mineral, Oil and Gas Brokerage
26. Tables, Formulas and Measurements – Using Math in Real Estate
27. Glossary of Real Estate and Finance Terms
All Publications of the DRE – BRE
REAL ESTATE LAW AND SUBDIVIDED LANDS LAW
As amended and in effect January 1, 2015 From the Business and Professions Code
REGULATIONS OF THE REAL ESTATE COMMISSIONER
Post: How did you pay for your first few investment properties?

- Investor
- Sherman Oaks, CA
- Posts 6,088
- Votes 3,921
@David Markette
The "JV" is not talked about by gurus, the 70% of ARV less repairs less WH fee is a crap offer with a minor rehab.
And there are not alot of major rehabs out there, at lease where I am.
In my example, 110 net for the seller on a 200 ARV house.
Just add the "JV with the seller offer on minor rehabs", especially "grandma houses" that need updating.
@David Marketteundefined
Post: How did you pay for your first few investment properties?

- Investor
- Sherman Oaks, CA
- Posts 6,088
- Votes 3,921
Originally posted by @David Markette:
@Brian Gibbons, did I read your post correctly, that wholesaling is ripping off the seller? Maybe I read your post too quickly. In your example, did you post that the seller would receive $47K in cash if the wholesaler structured the deal, and the seller would receive a note for $57K if he JV'd with the seller?
What if the seller wanted cash, instead of a note (an IOU, a promise to pay over time)? The time value of cash is greater now than the promise of a note, paid over time. (most) wholesalers provide a valuable service for people needing to sell their houses.
If I am reading your comments inaccurately, please educate me.
Hi David
Wholesaling does not work in every house that needs work.
If 75 year old seller had a "dated house", $200K ARV, needs updating, say $20K to make it into a house a millennial would want, the wholesaling offer would be
.7 x 200K - $20K - $10 wholesaling fee
140K - 20K - 10K =
$110K to the seller, a rip off.
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I do a joint venture with the seller
- I use my $20K for repairs, plus $10% interest (private lender or my cash)
- I buy it on a private first mortgage of plus note
- and sign a JV Agreement, no payments for 4 months on note,
- agreement to use realtor, pay 10% commissions, closing costs and wiggle room
Note to Seller $148K
Costs
- Rehab $22K
- Costs to Sell $20K
- JV Fee to Me $10K
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Total Costs $52
- I do the work and resell for ARV $200K
- I pay off note to seller 148K
- I pay off private lender plus interest $22K
- Seller gets paid $148K
This is also called a "cooperative rehab"
I like it because seller gets top dollar, no banks, no credit
Now if you have a "Mess of a house",
$200K ARV,
needs $100K in work, it may be a total tear down.
Different story :)
Post: is wholesaling illegal?

- Investor
- Sherman Oaks, CA
- Posts 6,088
- Votes 3,921
Being able to earn the title of "fidiciary" is important, with backround checks to be
a cop,
to carry a gun,
be a real estate or insurance agent,
being of good character,
not having a felony record,
all this is important.