Perhaps you own a piece of property that you want to sell. If you're like most, you would just like to sell, take your cash, and move on. However, perhaps you should consider "owner financing" your property--that is, letting someone buy your property on payments. Before you owner finance anything, consider some of the advantages and disadvantages, as well as ways to best protect yourself.
Advantages:
1. You spread out your tax burden. If you're making a profit, selling by taking payments can allow you to spread out the taxes you'll pay.
2. You can make money on top of money. If you sell your property and finance the purchase, you can charge interest, which lets you make money in addition to your initial sales profits.
3. You create a larger buyer's pool for your property. By offering owner financing, you can sometimes pick up possible purchasers who otherwise would not be able to buy your property (e.g., someone starting out with no credit, or someone who's got a poor credit history preventing them from getting a loan, but who now can make payments).
Of course, there are some disadvantages as well:
1. You don't get your money up front. This is pretty self-evident, of course, but bears stating. That means if you owe money on your property, you can't pay off the mortgage (and thus, owner financing in such a case will be an imperfect solution). Also, if you need the money from this sale to finance something else, owner financing may not be for you.
2. You will create a long-term relationship with the buyer. You'll be a bit like a landlord, which means you'll be making calls if someone's payment is late, or if you find out the buyer has let his insurance on your property lapse.
3. What if the buyer stops paying? With owner financing, there's always the risk that your buyer, for whatever reason, will stop paying. This means you might have to go through a costly foreclosure procedure, and take back a property that you no longer wanted to own.
STILL INTERESTED? If so, below are some tips to help protect you if owner financing the sale of a property.
1. Do it right and have an attorney draw up the necessary paperwork. Do not attempt to draw up papers on your own. In North Carolina (and probably most other states), the law is very specific about what has to be done to owner finance property. For example, many of my clients had drawn up their own documents that they called "lease/purchase" documents, which stated that if one payment was missed, the buyer could be "evicted" and all payments kept as rent. They believed this was better than a traditional mortgage document, which would take two to three months to foreclose on in the event of a default. Unfortunately, in North Carolina, those documents are not enforceable, and when the debtor stopped paying, my client lost its attempt at an eviction, and eventually had to hire me to sue the people to get out. We got them out--after the debtors had lived in the house rent-free for more than a year.
2. Do your own due diligence on the buyers. Do they have bad credit, or do they perhaps just not have much credit yet because of their age? Are the people going to pose a risk? Run a credit check on the potential buyer through one of the credit reporting services.
3. Shore up your collateral. Offering 100% owner financing is a great way to sell your property. However, if a buyer has little invested in the property, you'll carry more risk. Although it is not always possible, when owner financing, try to get some money down. This of course will reduce the risk that if you foreclose on the property you will incur a financial lost. But more importantly, when a buyer has invested money already into the property, he is less likely to default in his mortgage to begin with.
4. Protect your investment. For so long as you are financing the sale, think of the collateral as "yours"--because one day, you might have to foreclose on it and sell it at a public auction. Therefore, it is in your best interest to make sure the collateral is taken care of.
a. Have your attorney draw up requirements that the debtor will keep the property insured and list you as the mortgagee on his insurance--and make sure that the insurance company mails you proof of the policy annually. You don't want to know how many properties I've seen mysteriously burn down right before the owners were to lose them at foreclosure. Being listed as a "mortgagee" (and not an additional insured) on the policy means your mortgage will be paid off (and you'll get your money) if the property is destroyed--even by an act of the insured!
b. Make sure the property taxes are paid on time. If you find out the debtor is not paying his taxes, it may be an early indicator of trouble.
c. Put in the agreement that you may remedy problems and charge the costs back to the loan balance. If, for example, the debtor fails to pay taxes, or allows a huge hole to open in the roof of a house, you have a self-interest in remedying the problem. If the debtor refuses to remedy the problem, place in the agreement that you can either foreclose or fix the problem and charge the costs to the loan balance.
5. [Advanced] Understand anti-deficiency laws. In North Carolina, the law provides that owner-financed mortgages are non-recourse. This means that if the debtor default, the seller can only foreclose on the property and cannot seek a personal judgment against the debtors. This can be a disadvantage if the sale of the property brings less than what it is owed (e.g., you're owed $90,000 but the property only brings $60,000 at a sale and you don't want to bid any higher to get the property back). First, you need to understand the limitations of the anti-deficiency laws. Second, if you don't like this, in North Carolina you can circumvent the laws by creating a separate entity to finance the property. For example, perhaps I own the property and sell it; however, I can structure the sale so that, though Wesley Deaton sells the property, the buyer is financing the sale with "Wesley Deaton, Inc." This is a bit tricky, and you'll need to seek good counsel so you don't create undesired tax implications (and violate any specific state laws regarding licensing of lenders). However, if you're very concerned about this issue, then setting up an entity lender is an option.
If you'd like to learn more about owner financing property in North Carolina, give me a call at 704-735-0483 to set up a consultation, or email me at wldeaton@vnet.net
Sabtu, 31 Maret 2007
Sabtu, 17 Maret 2007
Tips on building your home
A departure from the usual this week, brought about by some questions asked of me by some friends with whom I attend church.
You're in your late 20s or early 30s, and that old house you've been living in just isn't cutting it anymore. One and a half baths, while ok when you were first married, is not enough for you, the spouse, and two little ones. Or perhaps you just want to show the world that you've arrived, and get in that great neighborhood. Or maybe you're just ready for something nicer.
Having a new home custom built for you can be a great experience. You'll have the house your way, and it will reflect your own tastes and style. But if you're not careful, your new home can become a nightmare. That six month construction project may drag on over a year; the costs could run over beyond your budget, and your brand new home could be flawed and even fail to meet code requirements.
How, then, can you make sure that your new dream home won't become a nightmare?
1. Buy below your means. Go against everything our society tells you, and buy less of a house than you can afford. Many of the problems my clients run into when building a house results from them trying to stretch their budget to the very maximum when buying a house. Most of my clients first decided what was the most house they could afford, then tried to pick out a plan meeting that criteria. When you do that, if anything goes wrong, you could have problems. Instead, figure out what you can afford, and either plan to buy less or plan to save more first.
2. Pick your contractor based on reputation, not on price. The second problem I've found with my clients is that, once they've picked out the plan they want (which usually maxes out their budget), they then want to find the cheapest builder. This is often because they've underestimated the cost of their house, and when they submit it for bids, they can't afford most of the contractors. In any given area, there are dozens of builders, and their abilities, honesty and qualities run the gamut. Just looking at their bids, or their slick presentation, will not help you pick the right one. Instead, look at the builders' prior work, speak to their prior customers; better yet, start off by picking builders who've been specifically recommended to you by friends or family who are satisfied customers. Or ask your attorney. Believe me, if any client asks me, I can tell them a half-dozen great builders; and better, yet, if they give me a name, I can tell them the builder's reputation.
I can say the next statement without qualification: in every builder/contractor dispute I've been involved in, when home buyers picked the cheapest home builder's bid, there have always been problems. If one builder's bid is far lower than the rest, be very wary. Some unscrupulous builders will underbid the project to get the job, then surprise his customers with cost overruns. Other builders are not dishonest, but are so inexperienced or unqualified that they cannot accurately quote a project. If they can't quote it accurately, they will probably cause you other problems during the building process.
3. Put everything in writing. Unlike some lawyers, I'm not going to tell you to lock your builder into a set-price contract (i.e., he'll build your house plan for a set fee of $X). For one thing, that's just impractical, and for another, most reputable builders will not agree to it because they can't control the fluctuating prices of materials. Whatever the contract you agree to, PUT IT IN WRITING! Too many home owners are promised things by the builder, such as total estimated cost, estimated completion time, etc., that are never reduced to writing. Make sure the important areas of the contract are put into the contract. For one thing, it will bind your builder legally, and prevent later disputes about what was said. For another, though, it will make sure that you and your builder have a good understanding between each other, and will prevent misunderstandings that can occur when some things are just assumed or are left unsaid.
4. Be conservative. In all your estimations, hope for the best, but plan for the worst. If your builder tells you that your kitchen should cost between $15,000-$17,000, plan on $18,000 or $19,000 just to be safe. If you're told the house will be finished in five months, plan on six or seven. Planning for time or cost overruns will keep you from getting into a budget crunch and will help reduce the stress of those unexpected contingencies that will inevitably arise.
5. Changing your mind costs money. One final thing: the more you change your mind during the building process, the more it will cost you. I represented one custom builder whose clients continuously changed their minds and upgraded their options during the building process. By the time they were done, their house cost 25 percent more than had originally been quoted! Just remember that if you change, for example, the layout of a room or decide to upgrade some of your options, you run the risk of increasing your costs not just because you've decided on something more expensive, but also because you might disrupt the flow and timing of your project, thus causing additional delays and man-hours. If you want to change your mind, that's fine; but be aware of what it's costing you!
If you have further questions about have a new home built in North Carolina, feel free to contact me and set up an appointment at 704-735-0483.
You're in your late 20s or early 30s, and that old house you've been living in just isn't cutting it anymore. One and a half baths, while ok when you were first married, is not enough for you, the spouse, and two little ones. Or perhaps you just want to show the world that you've arrived, and get in that great neighborhood. Or maybe you're just ready for something nicer.
Having a new home custom built for you can be a great experience. You'll have the house your way, and it will reflect your own tastes and style. But if you're not careful, your new home can become a nightmare. That six month construction project may drag on over a year; the costs could run over beyond your budget, and your brand new home could be flawed and even fail to meet code requirements.
How, then, can you make sure that your new dream home won't become a nightmare?
1. Buy below your means. Go against everything our society tells you, and buy less of a house than you can afford. Many of the problems my clients run into when building a house results from them trying to stretch their budget to the very maximum when buying a house. Most of my clients first decided what was the most house they could afford, then tried to pick out a plan meeting that criteria. When you do that, if anything goes wrong, you could have problems. Instead, figure out what you can afford, and either plan to buy less or plan to save more first.
2. Pick your contractor based on reputation, not on price. The second problem I've found with my clients is that, once they've picked out the plan they want (which usually maxes out their budget), they then want to find the cheapest builder. This is often because they've underestimated the cost of their house, and when they submit it for bids, they can't afford most of the contractors. In any given area, there are dozens of builders, and their abilities, honesty and qualities run the gamut. Just looking at their bids, or their slick presentation, will not help you pick the right one. Instead, look at the builders' prior work, speak to their prior customers; better yet, start off by picking builders who've been specifically recommended to you by friends or family who are satisfied customers. Or ask your attorney. Believe me, if any client asks me, I can tell them a half-dozen great builders; and better, yet, if they give me a name, I can tell them the builder's reputation.
I can say the next statement without qualification: in every builder/contractor dispute I've been involved in, when home buyers picked the cheapest home builder's bid, there have always been problems. If one builder's bid is far lower than the rest, be very wary. Some unscrupulous builders will underbid the project to get the job, then surprise his customers with cost overruns. Other builders are not dishonest, but are so inexperienced or unqualified that they cannot accurately quote a project. If they can't quote it accurately, they will probably cause you other problems during the building process.
3. Put everything in writing. Unlike some lawyers, I'm not going to tell you to lock your builder into a set-price contract (i.e., he'll build your house plan for a set fee of $X). For one thing, that's just impractical, and for another, most reputable builders will not agree to it because they can't control the fluctuating prices of materials. Whatever the contract you agree to, PUT IT IN WRITING! Too many home owners are promised things by the builder, such as total estimated cost, estimated completion time, etc., that are never reduced to writing. Make sure the important areas of the contract are put into the contract. For one thing, it will bind your builder legally, and prevent later disputes about what was said. For another, though, it will make sure that you and your builder have a good understanding between each other, and will prevent misunderstandings that can occur when some things are just assumed or are left unsaid.
4. Be conservative. In all your estimations, hope for the best, but plan for the worst. If your builder tells you that your kitchen should cost between $15,000-$17,000, plan on $18,000 or $19,000 just to be safe. If you're told the house will be finished in five months, plan on six or seven. Planning for time or cost overruns will keep you from getting into a budget crunch and will help reduce the stress of those unexpected contingencies that will inevitably arise.
5. Changing your mind costs money. One final thing: the more you change your mind during the building process, the more it will cost you. I represented one custom builder whose clients continuously changed their minds and upgraded their options during the building process. By the time they were done, their house cost 25 percent more than had originally been quoted! Just remember that if you change, for example, the layout of a room or decide to upgrade some of your options, you run the risk of increasing your costs not just because you've decided on something more expensive, but also because you might disrupt the flow and timing of your project, thus causing additional delays and man-hours. If you want to change your mind, that's fine; but be aware of what it's costing you!
If you have further questions about have a new home built in North Carolina, feel free to contact me and set up an appointment at 704-735-0483.
Sabtu, 10 Maret 2007
Buying out your partner, Pt. 2--think ahead
If, in your "partnership" (whether it be in form a two-person LLC, corporation or a true partnership), you believe there is beginning to be inequities in the amount of output you are producing versus the amount of profits you are receiving, you should immediately take stock of your situation. What circumstances am I talking about?
1. Perhaps your partner put up the money, and you're doing the work; or
2. Perhaps you're both 50/50 owners of the company, but feel like you're putting in more time and effort, and/or are producing more profits.
The longer your relationship continues, the more "in-equity" you might build. For example, consider Mr. A and Mr. B who twenty years ago set up a two-man corporation. The corporation owns their company vehicles, their building, and some cash assets invested over the years. At the end of the year, most of the profits are taken out of the company and given in equal shares to the two shareholders.
Over the years, however, Mr. A has developed a niche market in their business. His clients and their jobs are higher-end, require more labor, but produce a larger profit. Mr. B has not grown his side of the business over the years, and in fact, has let a few of his clients drop since he's getting older and doesn't want to work as many hours.
In fact, now, Mr. A brings in approximately 70 percent of the company's gross earnings, and Mr. B only 30 percent. Finally, Mr. A has enough, and tells Mr. B it's time they split up. At this point, if the two can't agree, Mr. A can ask the courts to split up and dissolve their corporation, pay off debts, and then divide the assets. Unfortunately for Mr. A, however, the assets will be split in proportion to stock ownership: 50 percent each; which is not in proportion to the amount worked.
Perhaps Mr. A had, when he set up his company, entered into some sort of agreement by which he could buy out Mr. B at some point. That's savvy, but if the purchase price is determined by the company's value, Mr. A has hurt himself by letting things drag on so long. He's increased the value of the company by his own labor, and is now going to have to pay Mr. B a premium for his stock--stock that rose in value primarily by Mr. A's actions!
The lesson to be learned from this story is that if you enter into a small company or joint venture, be aware that if the labor and/or production starts to skew unevenly, do not let the situation linger, or you may end up not only working harder than your partner, but one day having to pay more for the valuable product you created.
1. Perhaps your partner put up the money, and you're doing the work; or
2. Perhaps you're both 50/50 owners of the company, but feel like you're putting in more time and effort, and/or are producing more profits.
The longer your relationship continues, the more "in-equity" you might build. For example, consider Mr. A and Mr. B who twenty years ago set up a two-man corporation. The corporation owns their company vehicles, their building, and some cash assets invested over the years. At the end of the year, most of the profits are taken out of the company and given in equal shares to the two shareholders.
Over the years, however, Mr. A has developed a niche market in their business. His clients and their jobs are higher-end, require more labor, but produce a larger profit. Mr. B has not grown his side of the business over the years, and in fact, has let a few of his clients drop since he's getting older and doesn't want to work as many hours.
In fact, now, Mr. A brings in approximately 70 percent of the company's gross earnings, and Mr. B only 30 percent. Finally, Mr. A has enough, and tells Mr. B it's time they split up. At this point, if the two can't agree, Mr. A can ask the courts to split up and dissolve their corporation, pay off debts, and then divide the assets. Unfortunately for Mr. A, however, the assets will be split in proportion to stock ownership: 50 percent each; which is not in proportion to the amount worked.
Perhaps Mr. A had, when he set up his company, entered into some sort of agreement by which he could buy out Mr. B at some point. That's savvy, but if the purchase price is determined by the company's value, Mr. A has hurt himself by letting things drag on so long. He's increased the value of the company by his own labor, and is now going to have to pay Mr. B a premium for his stock--stock that rose in value primarily by Mr. A's actions!
The lesson to be learned from this story is that if you enter into a small company or joint venture, be aware that if the labor and/or production starts to skew unevenly, do not let the situation linger, or you may end up not only working harder than your partner, but one day having to pay more for the valuable product you created.
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