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All Forum Posts by: Shawn Clark

Shawn Clark has started 1 posts and replied 183 times.

Post: Should I buy or wait? (Alexandria - Huntington area)

Shawn ClarkPosted
  • Investor
  • Middle River, MD
  • Posts 191
  • Votes 127

"I've thought of just looking for an investing property (not a primary residence), but obviously not enough money at the moment to invest in this area with a down payment of 20% without assistance from other investors."

Keep in mind you can buy a primary residence and then move out and rent it later, keeping the residential loan. Or house hack, as you know. As long as you use a regular FHA loan that doesn't have a 5 year requirement. No one usually cares if you move out later. Most lenders don't check, unless it's more of a long term requirement, like the VHDA, then I wouldn't do it. You can get one or two investment properties using primary residence loans that way (I know you can get one, the second can be trickier, and you may need the income to be approved for two loans at once). But at some point you will need to build up enough cash (or partners) to get away from that.

Post: Boat; Island House; Not rented for reno; Acquisition took 2 years

Shawn ClarkPosted
  • Investor
  • Middle River, MD
  • Posts 191
  • Votes 127

Seems like you can do it. It's a legit expense, assuming you actually bought a place that requires a boat. You just have to be prepared to answer if the IRS comes knocking, that's all. Worst case you have to retract it, after wasting the time dealing with them.

Post: Renter late yet again broken lease several times

Shawn ClarkPosted
  • Investor
  • Middle River, MD
  • Posts 191
  • Votes 127

"Now we are here with tenant breaking yet another agreement and I don’t know what to do."

You probably know what to do, you just don't seem to have the stomach to do it.

It's an AGREEMENT. They broke it. Multiple times. Stop accepting that.

1) You have to learn that tenants are like children. They need boundaries and they need rules and you need to show strength when they try to take advantage of you. Hold them to the rules.

2) People with money troubles are like drowning victims. Never try to help without protecting yourself first, because they will drag you down with them. I've been through it.

I'm a nice guy and I maintain good relationships with all my tenants. Having said that, I've also been taken advantage of. I no longer accept excuses for very long.

If they are late in rent, I file at court and then wait to see what they do. If they make good, fine. But I've seen tenants promise all week long and the move out without paying a penny the day before eviction. DON'T TRUST THEM.

It's a business. You have to run it like one. When they break a rule, hit them with whatever the legal penalty is. You can always forgive it or give it back later if they prove to be decent people.

Post: Mold, Mildew, Plumber

Shawn ClarkPosted
  • Investor
  • Middle River, MD
  • Posts 191
  • Votes 127

Depends on your tenant. If you think they are going to continue freaking out and give you problems then you might need to get an actual mold company in there, just for the legal protection.

That's a shame your plumber did that. He could have just told you about it, since you are the one he is working for.

Post: If it is not broke...

Shawn ClarkPosted
  • Investor
  • Middle River, MD
  • Posts 191
  • Votes 127

If taxes are going up that much then usually so are property values and so are rents. Can you tell if that's the case?

As for the bad tenants, as long as they pay I would keep them as long as I could. Turnover costs are my biggest worry and expense, not to mention the lost rent. But if they are making you file every month, then yeah, maybe be done with them. Do you charge a late fee and do they pay it?

Post: Equity Sale instead of Asset Sale

Shawn ClarkPosted
  • Investor
  • Middle River, MD
  • Posts 191
  • Votes 127
Originally posted by @Frank Chin:

I agree with Roy N

When I looked into buying businesses, I was advised by business brokers, attorneys, insurance agents to buy assets, not equity, which includes liabilities, and thus also trouble. As a buyer, it would be a bag of worms.

For instance, say a tenant advised the seller a while back of mold problems and infestation problems, you sold the equity, no estoppels, the buyer would have no idea of this. Say soon after the take over, the tenant sues because he was injured and got sick. It is the same exact company, so as far as they're concern, you're all responsible. And attorneys here sue the LLC, as well as the owners personally. If you're the buyer, that would be you and the seller.

There's also tax audit issues. A customer of mine sold a business along the lines of what you thinking. It's a business that operates in cash as most small businesses are, and the IRS suspected the new owners of cheating. The IRS audited the books of the new owner, and because it's the same company going back, the audit included the time he owned the business as well, and both were socked with penalties and fines. Here he thought he wash his hands of it going into retirement.

If I was the buyer, especially in the real estate business, there's a clean line drawn when the assets is sold, and when assets are purchased, I have an exact handle of the numbers on the day of purchase. What happened before, is your problem.

I bought a business that operated thru an S Corp, and I found out after the purchase the sellers had a $3 million lawsuit filed against the S Corp and the sellers personally. I bought assets. Had I bought the equity, I would have also bought the liability claims against it as well.

 Frank, did you ever buy any businesses? I've considered doing that myself but never did. I've started businesses, but never bought one.

(Crap, sorry, just finished reading your post and saw the sentence about the business you bought.) So I guess my next question would be, did you buy the business in order to improve it and resell it later, or just to run it for the profit? What was your approach? Thanks.

Post: Marketing as a investor with a Real Estate License

Shawn ClarkPosted
  • Investor
  • Middle River, MD
  • Posts 191
  • Votes 127
Originally posted by @Amos Stoltzfus:

Hi I have a question on how marketing should be done, if say for example you are sending out yellow letters for wholesale leads, and you have a realtor license. There are special rolls a realtor has to follow when marketing, my questions is do these rolls apply only when marketing as a realtor, or would they also apply when marketing as a investor for wholesale leads?

 I am an agent in Maryland. To your original question, and only your original question, NO, you do not need to follow the marketing "rules for realtors" when you are not marketing AS a realtor.

Realtors are AGENTS for the broker. When you work in their name, you need to follow those rules. If you have some other business, and you don't use their name, you can follow whatever rules are in place for THAT other business.

HOWEVER, as others have said, you are STILL a licensed real estate agent, and there are responsibilities that come with that. You must disclose that fact, for instance. Not in marketing, but it a real estate contract. You must still be ethical in real estate transactions, etc. Even when you are not acting AS an agent.

Back to your original question though, if you had a donut business, would you have to adhere to the real estate advertising rules for your donut business? Of course not.

Post: Should I buy or wait? (Alexandria - Huntington area)

Shawn ClarkPosted
  • Investor
  • Middle River, MD
  • Posts 191
  • Votes 127

Don't buy unless:

1) You can keep it for several years. Preferably at least 5. (or forever)

2) You can buy one that needs rehab you can do yourself for significantly less than the resulting equity increase.

3) It will cashflow without you living in it and you don't mind keeping it from a distance. Consider the cost of property management.

4) You just get a smoking deal of any kind, which always gives you equity, which itself always gives you an exit.

Post: Detecting hidden mold and plumbing issues

Shawn ClarkPosted
  • Investor
  • Middle River, MD
  • Posts 191
  • Votes 127

I'm actually just getting into mold remediation myself and have learned a ton about it recently. Get a moisture meter, like Sean mentioned. Look for signs of moisture or past moisture.

Mold needs three things. Oxygen, a food source, and moisture. The first two are everywhere, as well as the spores themselves. Moisture is the key.

Post: Insurance policy from contract onwards

Shawn ClarkPosted
  • Investor
  • Middle River, MD
  • Posts 191
  • Votes 127
Originally posted by @Sunny C.:
I have a foreclosure property under contract however I am afraid that there may be water damage due to freezing temperatures. Is there a policy insurance policy then I can get which would cover this situation and protect me from any possible freezing/water damage from the point of my getting into contract and then closing the sale and then further on from that point on words. So essentially I amLooking for a insurance policy which covers water damage from the point of signing the contract on words. Is there an insurance policy that I can get like this.

 No. But foreclosed properties are usually winterized. Was it? You have to just plan on problems. Besides, foreclosures are AS IS.

The one we bought in 2015 was like a sieve when we turned on the water. Leaks all over the place. You have to plan on that kind of thing. It's not that big of a deal, actually, as long as you check for it right away and don't let the damage spread.

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