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How to Minimize Personal Risk in Real Estate Investing

How to Minimize Personal Risk in Real Estate Investing

Similar to keeping one’s emotions out of the equation, minimizing personal risk also has a lot to do with how you interact with a particular client. Sure, there is an asset protection side of minimizing your personal risk but that is the subject for another day. What I’m referring to here is the tendency for many new investors to try so hard to accommodate a distressed client that they end up compromising their own business in the process. Examples of how this could happen include:

  • Accepting less than ideal rents or deposits from tenants or buyers.
  • Agreeing to a higher purchase price to accommodate a client’s needs.
  • Agreeing to give a client funds to move or get back on their feet.
  • Agreeing to refinance a property to get a slightly better interest rate.
  • Agreeing to accept existing tenants from a motivated landlord and having to evict them yourself

I could go on and on and you might say to yourself ‘Why would I ever do these things?’ The answer is that there is no reason but yet it happens with some frequency all the same. How, you ask? It’s called emotion and it can happen in the so-called heat of battle. When a desperate seller’s situation and a strong desire to create a deal come together, sometimes that can lead you to bad decisions and these you most definitely want to avoid.

Key Point: Every time you write a check you are at risk.

My best suggestion is to approach each and every deal you do as if you have zero money or credit and therefore had to structure the deal accordingly to make it work. This forces you to think creatively and as a result, minimize personal risk.

Let me repeat myself in case you are not paying attention here because this is very important to the life, growth, and longevity of your business. APPROACH EVERY DEAL AS IF YOU HAVE ZERO MONEY OR CREDIT. Even though I gave you this great advice, I know that many of you will use your money and credit anyway. If you still don’t know how to invest in real estate without using your money or credit then contact one of my team members at http://www.brianevanssupport.com to get more information on coaching and I'll teach you how!

There’s nothing wrong with being compassionate and wanting to help someone out. Real estate investors on a regular basis exhibit compassion and most make good money in the process. Where it becomes a challenge is when your benevolence affects your business decisions. Don’t let the client’s problems become your problems. Business is business, you didn’t put a client in a bad situation, and it isn’t up to you to bail them out. There’s simply too much at stake to take on the burden of a client, especially when it impacts your business’s bottom line.

As I wrap up on investor skill sets, I hope you see a little bit of the philosophy behind how I look at this business. I don’t believe you have to do all of this yourself. I don’t believe you must have the best market knowledge to be successful. What I do believe is that the most successful investors out there are able to absorb the information presented to them, determine from it what they need to make quick decisions, and rely upon their team and resource network to help confirm the validity of every transaction they pursue.

Beyond the basic elements of making streamlined, yet informed decisions, successful real estate investing is about effective communication. How you communicate the basic merit of your business, the solutions you come up with, and the mutual benefit of the outcomes from your efforts is absolutely critical to your success. It is natural that you may not feel you possess all of the skills I’ve discussed last couple weeks. If so, then they should become a part of your educational process and goals for you to strive to achieve. Each and every one of you has the potential to be a great investor. Sometimes, all it takes is knowing where you need to focus your efforts and I hope my experience and sharing has been helpful in doing just that.

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Exit Strategies and Professionalism

Exit Strategies and Professionalism

There’s an old adage that you make your money when you purchase real estate. That said, when do you actually get paid on most transactions? Sure, it’s when you sell, and that points to mastery of exit strategies, as a fundamental skill required for all real estate investors.

The good thing is that there are only so many exit strategies you have to choose from, making your decision process easier. The down side is that this is sometimes still a tough decision you have to make and one that trips up many novice investors. I’ve often thought that the best way to determine the quality of a deal is to look at how many different exit strategies will work. The more strategies that work with your numbers, the better the deal.

While I’m not going to go into all the details of each way to exit a deal, I will say that your income does tie directly into how well you decide among them. Your profits depend on this and the best advice I have is to make your decisions expeditiously and with absolute conviction. A decision made quickly is not necessarily done in haste; rather, it is efficient and shows the confidence you have in your own decision-making power.

Having conviction in your decisions builds confidence. Sure, you may look back later and realize that an alternate choice of exit might have been better for a particular deal, but the one you did choose made money for you, right? OK then, stick by what you decided and add the results to your mental database so you can consider different options the next time around. This approach will give you confidence and be impressive to your peers and clients.

Ability to Remain Unemotional About Business

The old adage ‘its just business’ is the foundation for this valuable investor skill. In short, you must be able to separate business from your emotional side to be operating at peak efficiency.

There are several reasons why emotion can creep into the business of real estate investing, some of which include:

     1. Real estate is a people business and people have emotions.

     2. People often have emotional ties to their home.

     3. Transactions involve money and people tend to get funny about money.

Some deals involve stressful or emotionally charged situations in a client’s life.

Recognition of where the emotion can come from is one thing. It is another to rise above it and choose not to let your emotions get in the way of good business. I know, easier said than done, right? This is likely a skill that many investors will need to work on more so than others but it is worth the effort. You don’t have to be so unemotional that people see you as a lifeless drone and please don’t confuse lack of emotion with lack of personality. Your personality should be on full display but it is on you to not let your emotions dictate your decisions.

If you remember anything from this section, remember this, fall in love with the numbers and not the house.

Keeping your emotions out of the picture is more in reference to not letting a client’s emotional state affect how you do business, or the proposal you make to them. It means not taking business issues personally. It means stepping back if you feel yourself getting emotionally wrapped up in a business setting and regrouping. These kinds of things will help you avoid bad situations and will also add an air of professionalism to how you conduct yourself.

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The Education of the Real Estate Investor – Continued

The Education of the Real Estate Investor – Continued

One of the easiest and most cost effective ways to educate yourself as a real estate investor is to attend local meetings with groups organized just for you. REIAs (Real Estate Investor Associations) are very popular, are widespread, and can provide valuable information to you at a reasonable cost. The low cost and convenience of REIAs are two clear upsides. The downside is that the organizers dictate the topics that are presented and who does the presenting. You have little control over what you learn and when because you’re not making that call. My suggestion is to use this as a component of your educational process and, especially if you want to get on the fast track to success, this should only be one of the many areas of learning for you.

Membership in a REIA gives you credibility, and not just from the education you will receive. You’ll also have the wonderful opportunity to network with other investors and get your name circulating around. These investor peers are people you may likely do business with in the foreseeable future. Wouldn’t it be nice if they were already familiar with you?

Seminars

It seems like the real estate seminar concept has been just beaten to death at times but be that as it may, it is still an educational outlet that produces countless successful investors each and every year. There must be something to it, beyond the cynics who claim it is ‘gimmicky’ or a good way to part otherwise decent people from their hard earned money.

I’ve been around this business long enough to be at least familiar with most of the top seminar speakers out there and I’ve compiled a brief checklist of things to consider when evaluating seminars as an educational option. First, expect to pay more for seminar education. It will be more expensive than other types of education so be aware of that up front and don’t be one of those investors who expects something for nothing and walks away grumbling about the cost of the education, citing it as some sort of rip off. Yes, some programs are better than others but they will educate you and will usually do so in a shorter time frame than many of the other options you have.

Second, look for a company that has some diversity of training programs. Many seminar speakers like to hone in on the hot topic of the day (e.g. auctions) and fail to educate their attendees on some of the more basic fundamentals. Last, be ready to learn. Adults learn more slowly than young adults and need more repetition for things to stick. Therefore the learning process can be tiring, especially if you still have a traditional job. Real estate doesn’t have to be a full-time venture at first but, if seminars are your choice of education, be ready to spend some time at the training events and be ready to do what they tell you to do.

In almost all cases where seminar attendees are dissatisfied with the education they received, it comes down to whether or not they did what they were taught to do. When and if you decide to invest your money in seminars, boot camps, books, tapes, CD’s, DVD’s, etc. always keep in mind that you are paying a premium for this information because it is information that could make you a lot of money. However, it will always be up to you to take the information you invested in and put it into action. Your investment in this information is worth nothing unless you act on it. Therefore, if you really don’t have the time for this intensive style of education, that’s fine. Choose something that fits your schedule and be OK with learning and growing your business more methodically. That’s perfectly fine and especially if that’s what best fits your current obligations and lifestyle.

Seminars are often comprehensive, giving you a crash course or ‘boot camp’ of sorts for real estate investing, and thereby accelerating your educational progress and quickly preparing you in the lingo you need to be familiar with. An investor attending a comprehensive seminar may pay more up front for their education but it is usually highly focused and gives them the ability to almost instantly go out and start working the business like someone with more real time experience. For the passionate beginner who wants to learn and learn fast, this may be a great way to go to both get educated and, by doing so, give you more confidence to immediately go out and start making things happen.

Seminars also put you in contact with a variety of potential peers that have goals similar to you. Take advantage of this by exchanging business cards and making contacts for future reference and support.

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The Education of a Real Estate Investor

The Education of a Real Estate Investor

What do you think of when you hear the word education? Do you think of the fundamentals, like the ABC’s? Do images of the hallowed halls of your alma mater come to mind? What about practical education? Did you need a certain degree or even certification for your current profession? Any or all of these things are reasonable interpretations of what it means to be educated in today’s society. That said, how does education apply to real estate?

Real estate investing, for as valuable commodity as the product is, is a profession that doesn’t require a degree to get started. Sure, policy makers when it comes to real estate interest rates and such have a finance background. Sure, some of your team members have a solid educational background (CPA’s and attorneys come to mind) but most were not trained in real estate specific areas. What about realtors and mortgage brokers? Basically, it works like this. You take a training course over a few weekends, pass a test, and you can be licensed to either broker real estate or issue mortgages. Not exactly the pinnacle of educational scrutiny, now is it?

Don’t get me wrong here. I’m not scoffing at the training certifications for these professions because you, as a real estate investor, need even less formal education to do what you do. There is no requisite certificate or degree that stipulates you are able to invest in real estate. All you need is the desire, right? Oh, I wish it were just that simple. If you think about it, part of the animosity faced by real estate investors from other professionals in the field may be due to just that. We’re out there making offers, working deals (at least if we’re doing what we’re supposed to) without any sort of training. From the standpoint of the critics, it’s just a step shy of real estate anarchy! I of course don’t see it that way and yet I find it useful to see things from an alternative perspective from time to time.

Although informal and absent professional credentials or certificates, education for the professional real estate investor is available and can take any number of forms. Many investors to their credit and benefit take advantage of several of the education options available to them. Some of the most common forms of real estate investor education include:

  • Books and/or audio materials
  • Attending meetings at a local Real Estate Investor Association (REIA)
  • Seminars
  • Personal coaching/mentoring
  • Experience (aka the School of Hard Knocks)

Let’s take a moment to explore books/audio material. In posts to follow, we will go through each of the forms I listed previously. Again, while no one educational outlet can ever promise to deliver everything you need to be successful, every little bit helps and can help build your arsenal of knowledge.

Books and/or Audio Materials

Never underestimate the power of a good read. I heard someone say that once and I have no doubt there is truth to the statement. As an investor, however, you must look at books (or their audio equivalents) as resources, rather than your primary source of education. Just to rehash, books can provide you with the following: Basic real estate knowledge, inspiration, a financial vocabulary, an overview of real estate techniques and examples of how to interact with clients.

The list could be longer but my point here is that books are a basic type of resource, giving you so-called ‘literacy’ in your craft. They may also be your source of inspiration. Perhaps it was a book that first gave you the idea to become a real estate investor and, if so, that’s great, because for me it was a book that originally sparked my intrigue with this business. What books do not and cannot give you however, are real world experience and they should never be a substitute for going out, interacting with other investors, building a professional team, and simply working the business.

I’ve seen many an investor who had an impressive real estate “library”, full of books, home study courses, and even audio and video materials. Sure, it looks impressive, but the real validation of a real estate investor comes from actually doing deals. I’m in no way discouraging you from acquiring reading materials, as these will all help you educate yourself in some way and build the confidence in your ability to step out of your comfort zone to succeed.

What you want to avoid is the tendency to keep acquiring more books, looking for that proverbial ‘golden nugget,’ when your fear of taking action is what is actually holding you back. This may not apply to you, but if it does, take a more rounded approach to your education, get out there and start physically working the business, and it will be easier to cross that hurdle into success.

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Meetings with Your Real Estate Team and Partners

Meetings with Your Real Estate Team and Partners

Meetings with team members are less frequent than other meeting types but are no less important. I think these are some of the easiest meetings to work with, because you can have a set agenda and expect that it can be followed with little deviation. For example, you schedule a meeting with your realtor to discuss a new market niche you want to pursue. While you aren’t exactly sure what the meeting will produce as a result, you should have a pretty clear idea of what you are going to talk about and that will make the meeting go easier.

When meeting with team members, let them know in advance why you are meeting and how long you expect the meeting will last. This is referred to as the meeting before the meeting. Ultimately if you want your meetings to be successful then the appropriate parties should know what to expect. This allows them to prepare and also is respectful of their likely busy schedule. As far as meeting conduct goes, be sure you are on time and, minus a little friendly chitchat, keep things on task so nobody feels like their time is being wasted. I suggest also summarizing the meeting when it ends so each party knows the answer to ‘So where do we go from here?’ When you can do these basic things, your professionalism as a goal-oriented and organized entrepreneur will shine through and impress your team members.

 

Meetings With Business Partners

Some of you have formal business partners, some of you are married to your business partners, and some of you may simply be considering whether or not a partner is right for you. For many investors, partnerships can be good ways to capitalize on the strengths of the members and should result in more overall productivity. Some partnerships are simple relationships between a financier and an investor for a particular deal. Others are more detailed relationships, which impact the business on a more regular basis. Regardless, your meetings with them will have some similarities.

Chances are your association with a business partner has already been at least partially established so the whole first impression thing is less of an issue. However, if you’re in charge of getting something ready for a meeting or have progress to report on, then it is a good idea to have done what you were supposed to do. This is very logical but is also often overlooked. It is wise to make sure partners have proper accountability to each other and that each partner is comfortable with both receiving and giving opinions or criticisms as warranted.

Whatever you do, if you decide to operate with a partner make sure that you get everything in writing up front. Each partner should know at the outset of the partnership what the other person is accountable for. I’ve personally seen and been involved in business partnerships that have succeeded as well as those that have failed. Sadly, partnerships seem to end because one person is doing more than the other that in turn creates bitterness and hostility. Know your roles and do what you say you are going to do to the best of your ability. Another option you may choose to consider if you are unsure about establishing a long-term partnership is to create a partnership on a deal by deal basis. This way you are not locked in to any long term commitments to anyone. If you can’t or don’t want to be accountable to anyone then don’t go into a partnership. The good news is a partner is not at all needed to be wildly successful in this business.

As you’ve seen from my little discussion here, meetings in this type of business are critical to your success. Sometimes meetings are cut and dry, right to the point if you will. Sometimes they are speculative and involve a lot of brainstorming. Sometimes they are a mystery, giving you little advance notice of what to really expect. Regardless, your approach to meetings and ability to handle them will be a huge part of your business arsenal. Treat each and every meeting as if it was worthy of your full and undivided attention and your various clients will never be left feeling like they were a waste of your valuable time, even if the meeting doesn’t end up being as productive as you might have hoped.

The way to approach meetings is a lot like approaching a client for the first time. In an initial meeting, the first impression a client has of you will have a lot of bearing on whether they choose to do business with you or not. Similarly, a scheduled meeting is basically a continuation of that first impression a client has of you. You may have to use a little intuition or gut instinct to gather what their first impression may have been. Beyond that, you have a great opportunity with meetings to either:

  • Continue a good relationship that started off on the right foot
  • Right the ship if your first encounter with a client ran into some snags

When you are organized, attentive, task-oriented, and just plain personable, the general flow of most meetings will be in your favor. Clients know that you are meeting for a reason and, more often than not, they will be expecting that you will dictate the flow of meetings. Be prepared to run the show, have an agenda, and be ready to adapt as needed. When you can do these things, you will get the most out of meetings you have and your productivity will shine.

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Meetings With Prospective Buyers

Meetings With Prospective Buyers

Meetings with prospective buyers are very exciting, as sales usually are what directly put money in your pocket. I suggest a few guidelines that will help you manage these kinds of meetings and also make them as productive as possible.

First, prescreen your buyer prospects over the phone. Countless time is wasted by investors showing properties to buyer prospects who are marginally or even poorly qualified. Especially now with tighter mortgage rules, you just can’t afford to drive across town to show a property twice a day to marginal buyers. Ultimately there are only two things you need to know about a buyer to determine immediately if they are a prospect or a suspect. They must either have money and/or credit. If a buyer has money then you can consider a lease option. If a buyer has credit then you can consider getting them a conventional loan. If they have neither, then there is virtually nothing you can do for them at this time.

In regards to letting buyers see your properties you also have two options. First, you can put a lock box on the front door and give people the code to go inside and view the property at their convenience. Second, you can drive out to the property and show the home to every Dick, Jane, and Sally that wants to see it. For me personally, the decision is easy, I’ve never shown a house and don’t plan to because it is not worth my time. I would much rather let someone show himself or herself in and out without me being there. You’re allowed to disagree with me on this subject, but before you do, I recommend you try this system (which is exactly what it is, a system) before you completely knock it. If it is going to keep you awake at night wondering if someone might steal something then don’t do it, but again, what is the worst that can happen? So they steal the fridge (the odds are against it) so what. The only thing I had someone take were the plug in air fresheners I put in the house. Imagine that, air fresheners! They must have really needed them.

So why operate this way? Well, aside from saving you hours and hours of time, believe it or not, it relays a sense of integrity with the way you conduct business. People appreciate the ability to view a property without someone breathing down their neck. Believe me when I tell you, nothing says ‘I’m desperate to sell this place’ like you herding a client through a property and asking them if they like it five or ten times. A client will make their own decision anyway so just let them do their thing. After they’ve seen the house all I ask is that they call and let me know that they’ve locked the house up. At that time I find out what they think. If they like it then we meet and reach an initial agreement. If they don’t then I just saved 2 hours of wasted time. Buyers like this system and feel a strong sense of initial trust with you because you are showing professionalism and trust with them.

Lastly, don’t be afraid to call these buyers to action. This means scheduling a meeting with them and ultimately collecting a good faith deposit. Take the bull by the horns, handle the follow up’s proactively, and your success will increase. The follow up aspect, a subject of another time, also displays to others that you take this seriously and will act accordingly.

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Holding Client Meetings as a Real Estate Investor

Holding Client Meetings as a Real Estate Investor

I think it’s safe to say that you are well on your way to being more informed about the reality of operating a real estate investing business. Over the last several weeks, I’ve covered much of the basic mindset; skills and traits that you need to have, and now would like to move into a sequence of chapters that addresses more of the operational side of your business.

Operations in real estate investing include things like client relations, customer service, transactional processing, accounting, and fundraising. Since these factors are critical to the growth and stability of your business, they are worth mentioning on their foundational merit alone.

Let’s start by discussing the all-important meetings that you will be having with clients. Meetings with clients occur frequently in this business and it should not surprise you that these meetings will largely reflect your professionalism. Some of the basic kinds of meetings you will experience on a regular basis include:

  • Meetings with sellers
  • Meetings with prospective buyers
  • Meetings with team members
  • Meetings with business partners

Since you are operating a very dynamic kind of business, one in which two of your “work” days are likely never going to be exactly alike, it is hard to point to a single strategy for each kind of meeting that will work for you each and every time. This ‘moving target’ nature of real estate investing makes it a very exciting business to be in. It can also make it a challenging one to get accustomed to, especially when you are new to the business. For this reason, I will discuss each of the listed meeting types and what you should be trying to do to get the best outcome and results from your efforts.

Meetings With Sellers

When most real estate investors think of meetings, they will envision going to a new property and seeing if it meets their criteria for a profitable deal. This breeds natural excitement and also some apprehension, especially when one is new to the business. I think a very common pitfall for the novice investor is putting too much pressure on oneself when meeting with sellers. This isn’t rocket science. Take it easy on yourself and not only will your stress level go down, but also your meetings will be more productive.

The tendency is for the novice investor to think they must try to ink the deal on the spot during that initial meeting with a client. Does this happen? Sure it does, but you don’t need to put pressure on yourself to make it happen each time. Let’s review some of the basics with a little quiz. Your primary mission in a meeting with a seller is to:

a) Gather information

b) Get a feeling for how motivated they are

c) Develop good rapport with the client

d) All of the above

As you might expect, the correct answer is (d) all of the above. Your primary mission is not to ink a deal, although if circumstances call for it, you should always be ready, as this is your number one objective. In the majority of other cases, your mission should be to learn what is going on, why they may be motivated to do something, and make yourself positively memorable to the client. When you do these things, each and every time, your meetings will be a success, and you will also spend far less time and energy worrying about trying to get contracts signed on the spot.

Please note here that I am not openly discouraging you from being expeditious about getting good deals put to contract, because time is often of the essence for the great deals that are out there. Don’t spend so much time thinking about inking a deal that you lose sight of the other important parts of a successful meeting with a seller.

You can perhaps thank the real estate trainers out there for making everyone think they should always be ‘Johnny on the Spot’ when it comes to working with sellers. I simply find that good basic communication is a constant and better focus area for you as you are getting started. As you grow in this business, opportunities to act on the spot will appear so be patient and don’t fall into the trap of thinking it works like that all the time because it just isn’t so. Many of your best deals will come from following up and patiently working a deal, rather than trying to be unnecessarily pushy. You will also be viewed as more respectful if sellers don’t feel you’re trying to rush them into a decision they may need some time to think about. Just remember that time and circumstances often changes people’s minds so always leave the door open with clients.

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Use of Paperwork as a Real Estate Investor- Part 2

Use of Paperwork as a Real Estate Investor- Part 2

Paperwork with buyers can be remarkably similar to that for your sellers, so long as you don’t forget to remove many of the protective features you might want to see in there as a buyer. You don’t want to extend the same flexibility to your buyers unless it is absolutely necessary and just remember that how you buy and how you sell are not the same. Other types of “sales” contracts include those used for rental properties or for creatively financed deals like lease options. Examples of such documentation include:

  • Residential leases
  • Options to purchase
  • Land contracts
  • Promissory Notes
  • Mortgage

When you are working with a tenant, a lease form that is approved for your area is advisable, since tenant/landlord rules can vary from place to place. Some tenants are very savvy, and a poorly drafted lease can haunt you later. Creative financing documents come in several forms and your choice may just be a matter of personal preference.

The key thing to remember is that the paperwork may change but the basic idea remains the same. A lease option is basically a lease that is accompanied by an option to purchase agreement that gives the occupant an effective first right of refusal to buy the property for a set price. A land contract (also referred to as a contract for deed in some places) is basically a purchase contract that stipulates the completion of the terms between a buyer and seller will result in a transfer of ownership to the buyer. A promissory note is the written promise that one party agrees to repay the other party. A mortgage is the legal instrument that is publically recorded and officially attaches the note to the property as collateral.

I strongly suggest that you always have your attorney close your standard closings and your lease option agreements with your clients. No “table-top” closings. Why you may ask? There are multiple reasons; (1) the fact that you use a professional attorney exhibits a tremendous amount of trustworthiness with the people you do business with. (2) It should cost you nothing because you are going to have your buyer pay the attorney fee. (3) You have your attorney’s blessing when they close your deals. (4) You’ll find no better witness if somebody wants to come back and cry foul about something in the agreement down the road. (5) Your chances of people doing what they say they will do are much greater than they would be if you signed closing paperwork with them at a coffee shop. Bottom line, let the professionals do what they do best so that you can do what you do best.

Supporting Paperwork

The paperwork that is more ‘behind the scenes’ is often as important as the basic contracts you will use, because they serve two primary functions. First, this type of paperwork helps glue your deals together by answering questions your clients may have and disclosing various other specifics to a deal that your contract might not expand on. Second, this type of paperwork protects you. Whether it’s to authorize you to do something pivotal to the completion of the deal or simply what I call a ‘CYA’ form (CYA standing for “covering your assets”), sometimes the simplest of forms can go a long way by keeping you from getting into hassles or even legal entanglements with your clients.

Examples of supporting documentation might include the following:

  • Authorization to release information (allowing you to contact a client’s lender)
  • Affidavits of agreement (allowing you to file the existence of your purchase contract against the title of the property in question, securing your interest in it)
  • Disclosure forms (good for foreclosures and creative financing deals)
  • Waiver forms (disclosing what you are and are not responsible for)
  • Short sale package documentation

Any of these types of documents are available in many real estate software or contracts packages and a real estate attorney can also create them. The more you educate yourself in the business, the more apparent it will be when and where these types of forms need to be used, so pay attention, keep learning, and you’ll know better how to use these documents properly.

Always have your attorney review your paperwork to make sure that 1. It is your state friendly and 2. your attorney is comfortable with everything.

My suggestion to help you get past a basic ‘contractophobia’ is to first sit down and really take a close look at the documents you will be using with your clients. No, you don’t have to know them line-by-line and I have yet to work with a client who wanted to go through one line by line. That doesn’t mean skipping through major sections with no explanation. What it does mean is that you should try and capture the gist of each section and be able to explain this gist in layman’s terms to your clients. This will satisfy most and, if they have issues or questions you can’t address or answer, then have them consult with an attorney. This way, you’re never on the spot or feel like you need to elaborate on something you don’t have the professional qualifications to address.

I would also encourage you to sit down with your real estate attorney as you are getting your business going. Have them review your paperwork, make suggestions for changes, make them your state friendly, and as needed, help you understand what the content means. This one-time expense can give you a lot more confidence and also permit you to announce when appropriate that your attorney has reviewed your paperwork. You’ll also naturally become more comfortable with your paperwork as time goes on so that should be of some reassurance as well. Take this seriously, but also take it easy on yourself and the paperwork dilemma you may be facing right now should work out just fine over time.

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Use of Paperwork as a Real Estate Investor

Use of Paperwork as a Real Estate Investor

One of the things that can strike fear in the heart of the novice investor is the idea of doing paperwork. Call it lack of familiarity or just fear of fine print, but this issue can be very intimidating and it also can have a big impact on your perception with others. Your clients will expect that you have some basic understanding of the paperwork you present to them and the alternative of just running everything through an attorney can get expensive real quick so where does that leave us? I suggest a happy medium and that medium is the subject of this article.

Paperwork Overview

Let’s start with a basic overview of what it means to effectively use paperwork in a real estate transaction. Unlike other commodities, real estate can be structured and greatly leveraged when you have a strong command and understanding of the paperwork with your deals. This is also why paperwork is sometimes intimidating for most people. However intimidating it may seem to you or people you do business with, it is imperative that you strive to fully understand the paperwork you use. The good news is that having a thorough knowledge of paperwork is something that can be simplified and that can be learned over time.

As far as simplifying paperwork, my basic suggestion is to create packages of forms for each type of deal you commonly do. For example, subject to deals vs. short sales.

The hard way is to obtain a new client, scramble around feverishly to gather and print the forms you’ll need (hoping you don’t forget something), and then go meet with them. The easy way is to get the same phone call, grab a packet of pre-prepared forms off your shelf, and go. Which way seems easier to you? Which way will be less stressful? I think you see my point. Beyond that, let’s discuss this further by highlighting the three main kinds of paperwork you’ll need.

  • Paperwork with sellers (purchase contracts)
  • Paperwork with buyers or tenants (sales contracts, leases, etc.)
  • Supporting paperwork

Purchase Contracts

First of all, remember that I don’t say the words “purchase contracts” with anyone I do business with. Instead, I say, “this is the piece of paper that says you are selling and I am buying.” This is less threatening to the other party. For some reason, the word “contract” scares people.

The types of purchase contracts you may wish to use for your deals may vary considerably and I’m not one to hang my hat on one in particular and suggest it will work well in any situation. First, I’m not in a position to rightfully do so, and second, it just wouldn’t be fair for you to be thinking this is the way to go. Every situation is different and your choice of contracts should reflect this. Some basic choices to consider include the following:

  • A formal Realtor contract
  • A private contract that is “full-length’
  • A private contract that is intentionally short

When selecting a purchase contract, remember that beauty is in the eye of the beholder. It’s not just about what you prefer to use; it’s also a function of what the recipient will think. For example, you may have learned the business from someone who subscribes to the theory that you should use your own paperwork at all times. This is a decent theory but what happens when you want to pursue listed properties such as a bank repossessed property? Realtors will often avoid and discourage contracts they are unfamiliar with so you need to be prepared to use something that is not your own for certain situations.

I tend to have a more liberal view of contract selection and can easily adapt contracts that aren’t from my own ‘library’ by adding certain key addendums if necessary. Addendums to consider might include a right to show, right to assign, or a right to inspect the property and can include whatever you want to include. In this way, any prohibitive features of a foreign contract can be “undone” by the addendums you choose and make the contract more like one you would more normally use. Keep in mind that too many addendums and contingencies in a contract can and will very often kill a deal because it scares the other party away. Keep it simple and only add when necessary.

Some sellers are accustomed to receiving contracts that are of the full-length variety and might object to something that is unusually brief. That said, for simple transactions like cash purchase wholesale (contract assignment) deals, a brief contract is all that is really needed and you can sell the simplicity to your clients as a reason why you are easy to work with. This can add integrity in the right situation. For other more traditional deals, even the simple addition of addendums or specific terms can show that you are on the top of your game and give you a defined amount of professionalism.

In my next post, I’ll discuss contracts with buyers/tenants and supporting paperwork.

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Story Time

Story Time

When my retail coffee shop business failed, I knew that I needed to pick a direction to go from there. My choices were, (1) pursue the passion that I had acquired for real estate from my books, or (2) go find a 9 to 5. Well, since I wasn’t married, didn’t have children, didn’t have money, I decided that I didn’t have much to lose, so you guessed it, I went after my passion for real estate investing.

Upon doing some networking in my area, it turned out that one of my business relationship friends knew someone who was active in real estate investing. The problem was, he lived in Louisville, KY and I lived in Lexington, KY. I asked my friend to introduce me to this guy. Little did the investor guy know at the time, that I was a man on a mission and I was going to work for him whether he liked it or not.

With time, I professionally pursued the new relationship and became an “apprentice” if you will, to this investor. It really was a win-win relationship. I would drive an hour to Louisville every day to work for this guy, willing to do whatever it took to give me more knowledge about the business. Overall it was about a six month period where I wasn’t making a penny, but I was getting an invaluable education about how to make money as a real estate investor.

Eventually, the time came where I was either going to move to Louisville and work for this guy full time, or stay in Lexington and start my own real estate investing business based on the knowledge that I had acquired. At the time, it was the scariest thing that I ever did, but I decided to make a go of it on my own. I was extremely fortunate to have been able to experience the business from someone already in it. This mentor, mentee relationship was invaluable to helping me gain confidence and get started as a real estate investor. I wouldn’t wish for it any other way.

This method of learning was so beneficial to me in my early days that I have made it a personal commitment of mine to reciprocate and give back to other aspiring real estate investors looking to achieve great success in this business.

You must constantly invest in your education as a real estate investor if you want to achieve great success and longevity.

That said, businesses also don’t succeed on pure drive and determination, although it could be argued that these things are ultimately what helps keep businesses afloat through growing pains and other challenges. In short, your vision and courage are most admirable but they aren’t a substitute for properly educating yourself on the nuances of your business. In this case, you still need to be able to understand the numbers, prepare paperwork, evaluate market conditions, interact with people, negotiate effectively, and ultimately determine the profitability of the real estate deals you pursue.

The adage ‘Do your homework’ has multiple applications in the world of real estate investing. Sure, it can refer to proper evaluation of deals, adequate due diligence, or even timely reliance upon your professional team. I’ll discuss these things in future articles. In the here and the now, the idea of doing your homework also means getting yourself properly educated in the business and, if you haven’t done enough to this point, there’s never been a better time than now. Now, make a commitment to education and treat this part of the process just like you would any other aspect of your business and success will soon be at your doorstep.

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