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Sunday, June 27, 2010

Private Sale Property Pricing

By Nicholas Butler

The property price dilemma

As a homeowner selling your home you are faced with a dilemma when setting the asking price for your property. Ask too much and you risk your property sitting on the market for months without attracting any offers. Ask too little and you lose out financially. Faced with this choice many homeowners set their asking price too high believing that they can always lower the price if the property doesn't sell. However this can have disastrous consequences for the value of your home.

Setting the correct price is the most important part of selling your home. Whether selling your home FSBO or through a real estate agent it is vital to get the asking price right first time. Your aim is to sell your property in a reasonable amount of time and to get on with living your life, in order to do this you must set a realistic price.

Buyers know the real estate market

Buyers are often well researched when it comes to the current real estate market. Therefore if a property is overpriced, it simply won't sell. As a homeowner you may well feel that a prospective buyer can always make you an offer but in many cases buyers will simply walk away. It is said that a reasonably priced property will attract reasonable offers but an excessively over priced property will attract no offers.

If a property is over priced and doesn't sell it will sit on the market and will quickly become stale. Buyers will recognize the property as having been on the market for some time and assume that there must be something wrong with it; the property will have gained the reputation of being a lemon. If you overprice the house to test the market and then reduce the price later, it signals to buyers that the property was and may still be overpriced. Homes that are listed through real estate agents are particularly vulnerable as many agents give homeowners inflated valuations on their property to try and secure the listing. The owner is later conditioned by the agent to accept a lower offer that is often less than the true value of the property.

Factors affecting the price of your property

The amount of time that you have to sell your home will affect its sale price. Any property will sell if the price is low enough. If the real estate market is slow and you need to sell quickly you may have to accept a lower price to sell you property. By offering a property for sale at a lower price the pool of potential buyers is expanded as the property becomes attractive to real estate investors who either want to rent the property to tenants or renovate and sell at a profit. If you are not in a hurry to sell your property you can concentrate on appealing to homeowners rather than investors. Homeowners are less likely to be concerned about rental yield and profit margins and will pay more for a home that they fall in love with.

Some factors other than time that affect the price of a property are:

Location: You can't get away from this one; the cliché location, location, location is well known because it is true. If your property is located in a desirable area that is in demand, you will be able to get a higher price than you can for the same house in a less desirable area.

Condition: A house that has been well maintained and can be moved into without the new owners having to undertake any major renovations will always sell for more than one that has been neglected and needs work.

Desirable amenities: If your house has popular amenities such as parks, schools and shops close by, it will sell for a higher price.

FSBO and property prices

As a FSBO homeowner you are in a fantastic position in that you can under cut your competition (properties listed with real estate agents) and still keep more of the equity in your pocket as you have no real estate agent's fees to pay. However a significant number of FSBO owners erode their competitive advantage by asking the same or more than properties listed through an agent.

Opinion is divided as to whether buyers would rather buy direct from the owner or through an agent. Some people feel that buyers prefer to negotiate through an agent, as they can be more honest in their feedback, therefore if these buyers are to be enticed to consider FSBO properties they need a reduced price to attract them. Others feel that buyers would rather deal direct with owner rather than have to put up with the deceit and games played by some agents. Having dealt with many agents and FSBO owners I would rather deal direct any day.

Whether the prospective buyer prefers to deal direct or would rather be negotiating through an agent one thing is for certain. The buyer knows that the homeowner is saving a considerable amount through not having to pay commission and will expect the homeowner to share some of this saving with them.

Any sensible FSBO vendor will share the saved commission with the buyer by accepting a slightly lower price. The homeowner is still ahead in terms of the equity they have in their pocket and can move on and get on with their life in their new home. It is important to focus on selling your home not how much you can save.

How to determine the price of your property

In order to determine the price of your property it is necessary to compare your property to other homes that have sold in your neighbourhood. There are three ways that this can be done:

1. Online valuation service

These services compile reports based on historic sales data for a particular suburb or street. They are a useful overview and provide information quickly and easily but provide fairly high level information e.g. you may be able to find out the average house price in a street but may not know how many bedrooms the average house has.

2. A professional valuer

A professional valuation is the most accurate way to find out how much your property is worth. A valuation from a professional valuer is not the same as a valuation that you might get from a real estate agent. A professional valuer has no financial interest in your property and is legally responsible for their valuation. Banks will require a valuation from a professional valuer in order to issue a mortgage. Banks will not accept a valuation from a real estate agent, as they know that these are not reliable.
In order to value your home the valuer will visit the property to make measurements and assess the condition. They will then consider how your property compares to other properties that have sold in the local area.

3. Comparative market analysis

It is possible to conduct your own market analysis by comparing your home to others that have sold in the area. The key here is to compare to the selling price of other properties and not the asking price.
Find 4-5 houses similar to yours that sold in your area over the last 6 months. Ask agents or owners or use property records to find out what the properties listed and sold for. Keep an eye on newspaper property pages for examples of recent sales.
As no two homes are exactly the same it will be necessary to make adjustments for differences between your home and those in the comparison e.g. if the home in the comparison has a renovated bathroom and your property does not you will need to reduce the comparison price.

Setting the asking price for your property

It is difficult trying to subjectively value your home because of the emotional attachment that you have. This can lead you to over emphasise the property's good points and to overlook any shortcomings. In order to get the most accurate valuation we would recommend investing in a professional valuation.

When setting the asking price it is important to remember that the only thing that is relevant is how much a buyer is prepared to pay for your home today. It does not matter how much you paid for your home five years ago, nor does it matter how much your new home is costing or how much you still owe on your mortgage. It is only your property's value as determined by the current real estate market that is relevant.

You may however wish to include a small buffer to allow for some negotiating room. 5% more on the asking price will give enough room to negotiate but will not overprice the property so much that buyers are scared away.

How to maximise your equity

In order to maximise the amount of money that you end up with in your pocket we recommend using a professional valuer to determine the property value.

Once you have decided how much to sell your property for listing with a good FSBO website (also known as private sale) means you avoid paying commission to a real estate agent and can maximise the amount of equity you are left with.



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More Return On Equity For Your Investment Property Dollar

By Cary Losson


Few would deny that real estate is a solid investment. It provides an attractive combination of stability, reliable cash flow, preservation of principal and capital appreciation. However, many investment property owners nearing retirement find themselves in a quandary. They are equity rich, but cash poor, with increases in the value of their property far outpacing income growth. They also are often tied down by the day-to-day issues of property management and, particularly in cities like San Francisco, California, shackled to the constraints of rent (and eviction) control. In fact, San Francisco is home to some of the lowest cash return on equity in the state's real estate marketplace, which is somewhat counter-intuitive given California's ever-booming property market.

The obvious answer is to sell the property and unleash the dormant equity, but that can be problematic. These investors face the reality of prohibitive capital gains taxes and recaptured depreciation, as well as the task of identifying an alternate investment venue; or locating, acquiring and financing suitable replacement property in the time period allowed, taking advantage of tax deferral under IRS code section 1031.

An ideal solution for many investment property owners may be to reinvest the proceeds from the sale of their property and utilize a subsequent 1031 exchange into a tenancy-in-common (TIC) ownership type, also known as co-ownership of real estate (CORE) interest in a suitable replacement property.

1031 exchanges, also known as Starker exchanges or tax-deferred exchanges, permit owners to sell investment property and defer tax payments by reinvesting the proceeds into another investment property (or investment properties). In order to completely defer the payment of tax, among other things, the replacement property must be of equal or greater value and all the equity from the sold property must be reinvested in the new property. The marriage of 1031 exchange and TIC/CORE allows investors not only to defer their capital gains taxes but also to upgrade their investment real estate.

TIC/CORE is a way of sharing ownership of property among two or more persons whereby each tenant holds an undivided interest in the property. Tenants-in-common may own interests of differing sizes. TIC/CORE investors are on the title and considered separate owners of the real estate. They share pro rata in the income, tax benefits and appreciation of the property. Their TIC/CORE interest can be purchased, sold, gifted, bequeathed by will or inherited; and it is subject to property taxes, gift tax, and estate and inheritance taxes in the same manner as any property held in sole ownership. With a TIC/CORE property, each of up to thirty-five investors have the opportunity to own an undivided fractional ownership interest in an investment-grade property, such as an office building, shopping mall, apartment complex or industrial property, costing anywhere from $10 million to $150-plus million.

The benefits of investing in TIC/CORE properties are substantial. Such properties employ professional asset and property management, relieving the investor of day-to-day tenant headaches. More important, investors often receive greater cash flow and overall returns than they had in their previous sole ownership property. Typically, many people receive between 2-3 percent of their equity in their property in rental income. By selling this property and placing the equity into a larger investment-grade property, they can potentially experience annualized cash flow from 6-8 percent, paid monthly, and 12-16 percent overall return on their investment. Also compelling is that TIC/CORE exchange investors can diversify among several property types, and geographic locations through fractionalized ownership, while still enjoying 1031 exchange benefits on each amount. Thus, investors can potentially reduce risk in their overall real estate portfolio.

Investors seeking to exchange for a TIC/CORE property are best advised to work with a financial advisor experienced in 1031 exchanges. Such advisors work closely with top real estate providers, who give the investor access to the best properties available. In addition, many TIC/CORE opportunities have pre-arranged, non-recourse financing in place, which is perfect for investors working within the 1031 exchange time frame. Numerous hours of upfront investigation, evaluation, due diligence and life cycle planning transpires before a property is offered to an investor group. Investors faced with only a 45-day window to identify a suitable replacement property to complete a 1031 exchange can select a suitable project with confidence.

Given the tax deferral, institutional-grade quality of the property, professional property management and pre-arranged, non-recourse financing aspects, a 1031 exchange replacement property structured as tenancy-in-common ownership can be a very wise and profitable solution. It allows the investor to maintain everything they like about real estate (monthly income, preservation of principal, capital appreciation, etc.), while eliminating most of the hassles of property ownership.

(c) 2005, 1031 Exchange Options. Reprint rights granted so long as the article and by-line are reprinted intact and all links made live. This article is neither an offer to sell nor an offer to buy real estate or securities. There are material risks associated with the ownership of real estate. You must be an accredited investor. Securities offered through Sigma Financial Corporation, Member NASD/SIPC.


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Tuesday, June 22, 2010

Property Business

Finding Houses For Your New Property Business
By David Carter


Last time we looked at Market research and one of the topics to be researched was properties that are currently available to rent in your locality. You can find these on your competitor's web sites and listed in the local press. Make a list of ALL the property available near you. It's an excellent exercise to type them out on your word processor and list them in order of price. Most property letting agencies list prices as PCM. That's price Per Calendar Month, though in some areas prices are listed on a per week basis, especially in and around London. Make sure when you compare prices, you are comparing like with like. You'll need to double check to see how the agencies list properties in your country, in your area.

As each newspaper ad appears, enter the new prices on your list in the correct position, cheapest first, most expensive last. What's the point of this? You are soaking up almost without noticing what a detached bungalow might be worth (rental wise) in one area of your town or district, or a two bedroom apartment in another. It's all part of building your knowledge into becoming THE local expert in property rentals. And when it comes to valuing properties for rental for real, you will already have a comprehensive register to refer to. True, these properties are not yours, not yet, but that doesn't matter, you can go to school on these valuations, and they will teach you a great deal.

But of course you need properties to let yourself, so let's get them. But where are you going to find them? They are out there and they are waiting for you, believe me, more than ever before. Here's where. 1. Do you or any of your friends or relatives have any property sitting empty? Has anyone you know passed away recently? If so what has happened to the house? Do you know of any property that has been up for sale for months and hasn't sold? Any of these could be your first instruction. Check out with the owners and casually ask them if they have considered letting. If a property is standing empty it is costing money. If it is let, it is producing money, and that's a big difference. And think about this. When people inherit property why are they always in such a hurry to sell anyway? The answer of course is money, they have probably never seen so much cash before, and can't wait to spend it on a world cruise and a German sports car. But what happens in a year or two when the money has gone? They are back to square one. Stoney broke.

But if the house is rented out, that property will generate money forever, not counting the fact that over time it will increase in value too. You can only sell a house once, you can rent it forever, and like everything else over time those rents will increase. If you know someone who is desperate to sell a house they have inherited, have a word with them. Point that out to them. Why Sell? Why do people sell? It is a mistake. If they are desperate for some cash they could always see the bank manager and take out a loan, but keep the house. It is a cash cow, always has been and always will be.

Secondly, why not rent out the house you live in now? What! Yes, I'm serious, you want property to let don't you? Why not start with your own? Perhaps the kids have grown up and left home and you are now bouncing round in a large 4 bedroom home. Do you really need all that space? You probably don't. So why not rent a smaller cheaper two bedroom bungalow to live in for a year or two, and rent out your house? You're not selling your home after all, and if you miss it that much you can always move back into it when the tenancy agreement expires. And if you are going to rent out your own home, make sure you value it highly, because there is no point in going to all that expense and trouble unless you are making money doing it. Right? Value it highly and if it lets, you make money, if it doesn't let, so what, you have lost nothing. I have done this twice and it worked very well for me.

But we want more, of course we do. Put on your walking shoes and get out and take a trip round the area. Take a notebook and visit all the sites where postcard ads are displayed. This might be at the post office, a works canteen, a supermarket, shopping malls, the newsstands, anywhere where small ads await you. It's common to find properties listed there. May be two or three on each site on a good day. Jot down the details and especially the telephone numbers and return home. Of course these properties are not yours either, but with a little effort they could be. How? By ringing the owners of course.

Cold telephone calling is not an easy thing to do, and should only be done when you are feeling at your brightest. Make a couple of notes of what you have to say before you call anyone, as we can all dry up on the spur of the moment. Smile, and ring them up. You don't have to see a person to know if they are smiling, you can hear it in their voice, and don't we all prefer to deal with cheerful attractive people? Everyone's attractive on the telephone! You ring, and the person answers. Imagine it is someone advertising an apartment to let for £500 per month. Be polite, say good morning, be honest and upfront and tell them that you have recently started a new lettings agency, that you have good tenants waiting, (you will have the moment you begin to advertise, and I'll come back to that.) and that you might be able to let their flat. Sit back and wait for their response!

Some landlords will not speak to agents under any circumstances. Some landlords would not do business with an agent even if you offered them £10,000 per month and free beer forever. Life's like that. Landlords are the same as the rest of us, some are open-minded and will consider any reasonable suggestions, others are closed minded and stupid, some are downright rude, abusive even. Good luck to them. All you were trying to do was help them let their property, and if they couldn't see that, it's their loss.

Some landlords might say "no I need £500 just to cover the mortgage so I couldn't afford to pay an agent fee on top." That's OK, you could pay them that £500 per month, if you let the property for £550 per month, (allowing for your 10% commission)and that's so close to their price as makes no difference. Suggest putting the flat on your books for £550. At this stage all you want is the instruction. In the initial period price is secondary. Get the instruction first, and then worry about letting the property afterwards. Tell the landlord you would be happy to put it on for £550, and as it will be on the basis of no let - no fee, what has the landlord got to lose? Nothing, in effect they are employing you for FREE, they only pay you anything if you succeed. Most intelligent people could see the merits in that.

And then there are the amateur landlords who have no idea what they are doing. Perhaps they have inherited granny's house, and they really don't want to sell it, but on the other hand they are too busy to be chasing round after tenants all day. Perhaps they don't know how to find tenants, or how to reference tenants. Not everyone knows this, don't imagine they do. These landlords are precisely the kind of people you are looking for. They are the perfect client for you and when you come across them, court them furiously. You could solve all their property problems for them, and make some money for yourself. Suggest they might like to meet you at the property that is to be let.

If they show any inclination to do this, make an appointment to go and see them as soon as possible. Don't make the appointment for next week; don't make the appointment for tomorrow, what about this afternoon? What about in twenty minutes? Enthusiasm is everything. Huge & Impressive probably couldn't meet them in half an hour, but you could. Take your camera and ask if it is OK to photograph the house. Take your diary and note everything that needs noting. You don't need to measure the rooms, no letting agency does that, don't even consider it, as it would be a waste of time and could cause you headaches in the future if you made a mistake.

Remember, you will do anything within reason to land that property, and if it includes going out in the rain in ten minutes time, then do it. You can do exactly the same thing by ringing private small ads you see for property to let in the local paper. Ring them up, introduce yourself and offer your services. Offer them a small discount if need be. But remember this, you will be backheeled many times, rejected, but hey so what? You will also be invited to take it further plenty of times too, I guarantee it. Why? Simple, because there are so many new and amateur landlords out there, many of whom have property standing empty, and many of whom simply cannot afford to have no revenue. If they do, they run the real risk of the house being repossessed if the mortgage isn't paid. Not all landlords are rolling in cash, it's very easy to get into buy-to-let property, but sometimes very difficult to get out of it. These landlords are trapped, they HAVE to let the property and that is why many will be only too pleased to hear from a cheery character (You!) who might solve all their problems. Be persistent, keep at it, and once you have put together three or four properties you will be a step closer to truly launching your business.

It is important that from day one that you include actual properties to let in your initial ads, because that is the main reason most of your potential customers will read your ad, to see what you have available. Be creative, be enthusiastic, be clued up and confident, and you will attract properties and you will let them. Believe me, there are many desperate landlords out there and they will instruct you if they think you might shift their empty houses and apartments.

Take another look at the other agent's ads that run week-in-week-out in the local papers. They can only afford to pay for these ads because they are producing the business. But a word of caution here. All property advertising always produces less response than you optimistically imagined. But that's OK, because every property you sign up and rent out will produce for you around a £1,000, up towards $2,000 in revenue over the year, some more, some less. So you don't need to sign up and let tens and dozens from each ad, nice though that would be. If you can sign up two or three in a week, and let one or two of them when you are starting out, then you are doing very well, and your business will grow surprising quickly.

If you rent just one property a week you'd be on target for more than fifty successful lets by the end of the year. If you do that you are on target for a £50,000 per year income, (almost $90,000) and that is before all the other revenue streams that you can tag on that we will look at a little later. Yes I know you will have expenses, but what business doesn't? I let twelve properties in one month during my first year, and you can imagine how delighted I was with that, and there is absolutely nothing to stop you doing the same.

Just the opposite in fact, because as I said earlier, there are more properties to rent around the world today than there has ever been before, and more people seemingly wanting to rent them. Yes there is competition, of course there is, but you are on the way to becoming THE expert on rental property in your area because you are studying everything there is to know, and because YOU are far more enthusiastic than your tired rivals who don't really care whether they miss a particular property or not.

Look out for the next article in this series entitled "Finding Tenants For Your Property Business" and good luck with your business in the future.


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Florida Investment Property

Where is Florida Investment Property
By Lisa Carson

Florida Investment Property - Why Investing is a Wise Decision
There are many reasons to purchase investment property in Florida, the foremost being value appreciation. Property values generally rise while debt decreases; making real estate purchases a good investment. Every year since 1968, the national median home price has risen. Usually, home values increase at around the rate of inflation, with a greater increase possible. In recent years, median prices have increased by as much as 9 percent, making purchasing investment property in Florida a wise long term investment. Building equity is an excellent reason to purchase investment property in Florida. Equity grows over time for owners while renters don't see any return on their money. Purchasing property forces you to save, making you a wise investor without realizing it. Owning investment property in one Florida location may make it possible for you to expand, purchasing a second and third property as rental profits increase. Owning investment property in Florida gives you borrowing power, the ability to use your property equity to borrow funds for your own use, or for further investment. Owning investment property in Florida gives you a sense of stability, not only for the consistent rental income, but for the potential of it becoming a regular seasonal vacation home for your family. Imagine the pleasure and ease of knowing where you are going to vacation, there's no need to decide on location and try to compete to make reservations, with prices changing every year. There is stability on owning an investment property in Florida that can also be used as a family vacation resort.

Why the Interest in Florida Investment Property?

Considering the myriad of investment property locations on the market, Florida investment property is one of the most desirable. Home to 11 of the country's 100 fastest-growing counties, a Florida investment property has high potential as a profit-maker, unlike most other areas. Port St. Lucie, Miramar and Cape Coral are the fastest growing cities in Florida. It's unlikely you will make a mistake investing in Florida real estate considering the vast number of tourists and new residents flocking to the land of sun and surf. The most difficult decision to make will be which location in Florida to purchase. Good investments abound in each area of the state, from Miami in the south to Clearwater on the gulf coast, going east to Daytona Beach and north to the panhandle. Selecting a location depends on your goals for purchasing Florida investment property. Carefully consider what you intend to do with your Florida investment property. Will your purchase be used mainly as a rental property for vacationers? Do you intend to have access to the property during certain seasons? Or is your goal rental of the property to local tenants? Some of these questions will help you in narrowing down your search. Once you have determined whether your Florida investment property will be used primarily for vacationers or for local renters, and whether you intend on using it as a vacation resort yourself, it is easier to choose the location.

Florida Investment Property Locations

There are so many location options of investment property in Florida, making it difficult to select just the right location. Let's start from the top! Do you desire a beachfront location, or one close to the coast, or would you rather select property in a town setting. Tourist area or settled community, inland or beachside? Asking these questions helps you narrow down your search. Each area where an investment property in Florida is located has its own flavor, its own attractions. Let's start with the Miami area. Miami is located in the southeastern corner of Florida and Miami Beach is a seven mile long island known as America's Riviera. Home appreciation rate in the Miami area is about 11% with the median home price around $240,000. There are diverse offerings of single family homes, ocean front property and ocean view condominiums. Of course condo and home prices are offered in a vast range, with upscale areas bringing in up to $5 million. Condos and town homes may be cheaper, depending on location, but with price escalation and population density, even there it may be hard to find a bargain. Miami offers beautiful beaches with perennial sunshine but traffic congestion and the increasing population boom may be a deterrent to some. Just forty miles north of Miami, lies Boca Raton with five miles of coastline and gorgeous beaches. Appreciation rate here is around 11%. Clearwater, on the west coast of Florida borders Clearwater Harbor and the Gulf of Mexico. Indian Shores is a small historic community offering condos, gulf front property and Intracoastal Waterway homes and town homes. The appreciation rate for investment property in Florida, Clearwater is about 9%.

Investment Property in Florida - Daytona Beach, Jacksonville and Destin
Moving north in our search for investment property in Florida, let's take a look at the Daytona Beach area. Daytona is known as a spring break and family playground on Florida's east coast about 50 miles northeast of Orlando. Homes prices are surprisingly reasonable here in comparison with other popular Florida beach locations. Appreciation is about 10% with homes starting as low as $80,000. A large variety of housing choices exist, everything from inland or waterfront property, to townhouses and single family homes, ocean front or inland. Older homes abound but there are also several new upscale building projects. Let's take a look further north at Jacksonville. Jacksonville is known as Florida's River City due to the ever-present St. John's River which flows through the city, ponds and lakes. A modestly priced investment property in Florida can be found here with a range from $60,000 to several million. Appreciation is around 9% with continual growing home construction. Unique to Jacksonville is its diverse neighborhoods and building styles. Destin is located in the Emerald Coast of Florida, sitting on the Gulf of Mexico. It is just south of Alabama and was recently voted as having the best beaches in the US. Destin boasts great seafood, and excellent golfing and fishing. Home appreciation here is around 12% with the median home price about $165,000. Condos and townhouses here begin at $100,000 and can go upwards in the millions for waterfront property.

Investment Property in Florida - Attractive Tourist Areas

Let's play a little word association. I'll say Florida and chances are the majority of people will say Walt Disney World, or something relating to the Orlando area. Orlando has a thriving tourist economy that attracts close to thirty five million visitors each year. Real estate is booming here with the median price taking a dramatic jump from $166,000 to $200,000, an appreciation of 27%, making investing near Orlando a great venture. Conway Belle Isle, east Orange County, Maitland/Winter Park and northwest Orange County have seen the most dramatic property value increases. There is a strong job market here without forecasts of a downturn, keeping prices strong. There are a large variety of properties to choose from, including starter homes, modest cottages, older homes and impressive new developments. Orlando is called the City Beautiful and owes part of that title to its cleanliness, newness and innovation and variety of lakes and nearby attractions. Whether you are considering investment property in Florida as a rental for locals, as a tourist rental or to rent and use yourself, Orlando is an excellent choice in location. Consider the varied options of attractions in the Orlando area. Walt Disney World would be foremost as a draw card, followed by Sea World, and Universal Studios. But along with these well-known attractions, a plethora of other hot spots exist. Wet-N-Wild draws a huge number of the sizzling summer crowd, a great place to cool down on a scorching Florida summer day. Kennedy Space Center makes a great day trip as well as Cocoa Beach, home of Ron Jon's Surf Shop and Daytona Beach, a world famous family and spring break destination.

Investment Property in Florida - Locations near Disney World

Having established that owning investment property near Orlando would be a wise investment decision, the search now begins for a specific location. Disney World, Sea World and Universal Studios are located on the south side of Orlando. Condos, town homes and single family homes are commonly purchased for investment purchase in this area. Closest to the Disney area is the community of Kissimmee, Florida. Kissimmee was a sleepy cow town just a decade ago. It is now booming with tourist activity. A quaint downtown area still exists with a few cattle ranches on the outskirts but generally the flavor of Kissimmee now reflects its large tourist population. Close to Disney, within 30 to 45 minutes, lies the lesser-known town of Davenport, Florida. Surrounded by orange groves, it gives you the feel of old rural Florida, but is close enough to the major attractions to make this an attractive investment option. Looking to get into a ground floor investment opportunity? Bimimi Bay Resort, a brand new town home resort development is now offering purchase opportunities. The many amenities in the planning stages include a resort pool, 2 movie theatres, a major restaurant chain, club house, lazy river, food court and many others. For the price of principal, interest, taxes and insurance, the owner has the many advantages of using the property for a minimum rate while vacationing and letting Bimimi Bay take care of all the headaches of rental during the year, still receiving a reliable monthly income. It's a no lose deal for investors.


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Buy Or Not To Buy Property

Buying Country Acreage and Rural Properties, To Buy or Not To Buy
By Mr Jody Hudson


Almost anyone can become a rural property owner; if you are willing to set goals, establish what your purposes are, plan ahead and set targets that are all aligned toward the same result. And, if you can be patient instead of requiring instant gratification.

There is no more $50-an-acre land; unless you count some of the inaccessible and unusable properties that are sometimes available in blocks of 10,000 acres or more; and even these properties are rare. But you can get rural properties more reasonably now than in the past IF you are willing to be creative in your expectations and in the ways you use and modify the property.

If you are in a big hurry to find rural property, you will likely not be able to find what you are looking for. Rural properties have fewer buyers who want to purchase them, but there are plenty of dreamers who have not considered the realities. There are seldom bargains available because most folks who own rural properties know exactly who to call first when they want to sell. If the property really is a bargain it is gone with one of the first ten phone calls the seller makes. However, if you are willing to "think outside the box" of convention you may end up with what is a bargain property for you.

Twenty and thirty years ago thousands of folks bought into the "live on a farm and make a fortune" dream of owning a chicken house, home and acreage in Sussex County Delaware -- the chicken capital of the world -- where there are several million chickens for every person who lives here. For a short while it was possible to take the "contract" from a chicken plant to the bank and with only that as collateral, get a loan for about 10 acres, a home and at least one chicken house. Many folks soon discovered that the so called contract had fine print and clauses that were all in favor of the chicken plant and none in favor of the chicken grower. Soon most chicken growers were working full time to help support the chicken business they had bought, along with it's mortgage of $200,000 or more, sometimes much more.

Now when I appraise a chicken farm with house and acreage I appraise the working chicken farm at zero -- and that is really too high a value in some cases. There are lots of easier, better smelling and cleaner jobs you can purchase with $200,000 or so. If you want to make a living growing chickens you should prepare to spend at least a million dollars, you can finance it of course, and get several chicken houses built around your home on 15 to 20 acres, if you don't mind the smell, and then the best bet is to lease the business to someone who is running 20 or thirty chicken houses at least.

There are some sensible things you can do in contemplation of moving to and living in the country. First among those is to start by renting a small home in the area you want to live -- and either move there or at least visit there often enough to get to know the area. If you already live close enough to drive to your dream area daily, start doing that and start frequenting the shops, churches and restaurants there. Stop at yard sales and to check into cars, trucks and equipment that is for sale in people's front yards. Be honest, tell them you are planning to move into the area and want to learn about your neighbors and only stop to shop if you are really interested in what they have for sale and are willing to purchase it at your price. Rural folk have a built in truth-detector and it is usually accurate. Don't try to BS them or your reputation will precede any other data about you.

I suggest that you can subscribe to a good magazine on rural living, or two or three. One of the best to begin with is Backwoods Home Magazine; www.backwoodshome.com Start by visiting and reading EVERYTHING on line, then get a subscription, then purchase ALL of the back issues which are bound into soft cover books.

If you yearn for the simple life of old fashioned living, in a log home for instance, and away from the downward pull of civilization, check out: www.homestead.org

If you are able to take your income with you, to maintain your current income, and don't need a job where you are going. Then I recommend you just rent a place first and start spending more and more time in a good area as you begin to test your transition resources. While renting get to know the people and see if you fit in with them. They are not planning to change to meet your parameters, I assure you. MOST of the folks who come from the city to the country start by trying to change the area they have moved to and the new neighbors, to be more like where they left. They should not have left or they should get on back there -- and most of the neighbors will tell you so.

If you move to an area as a renter and find the people to your liking and they find you to their liking, you have probably found the right area. However, in rural areas ten miles can make a huge difference in lifestyle and area ethnicity. Please don't move to a resort town, like Rehoboth Beach where I work, and then without checking try to move into a place like Oak Orchard (the little rural waterfront town where I live) or you will experience some near terminal culture shock. I love where I live and the people who live here but hopefully not one of them thinks that I have some intention of changing the way they live here!

Once you have zeroed in on an area and visited it many dozen times or better yet rented a place there and started living there for short stays; I suggest that you start joining various groups and organizations as a part-time member and let them know that you are not full time yet, but hope to be. They help. Don't try to instruct them or help them do what they are already doing better; just try to help them on their own terms. You need to learn the rules of this new game, it's their game and their community. At most you will be a welcome member of the community. You will never be the equal to those who have four or ten or thirty generations of family buried and established there. For instance in our area those who have only been here for sixty years are still not considered "from here" by those who have been here since the 1500s or soon after.

Once you have looked at several dozen properties that interest you, and that may take a year or two or more; you will begin to appreciate different micro-cultures in the area. You will begin to notice differences in soils, roads, well water, septic system functionality and road access; not to mention the differences in governmental rules and enforcement of same. Each time you find the perfect property; put a contract on it "pending research and discovery" and during that time check the neighbors and professionals about the property. You should check the neighbors first, lots of them, they already know everything the professionals are going to charge you to tell you.

Hopefully by the second or third property you put a contract and deposit on; you will have the one that is right for you. Remember, if the property is a bargain price, you have missed something in almost every case. What you need to do is figure out how it is a bargain for you; because you have an unusual use, ability, or way to change the property easily to suit your needs.

Buy through a Realtor if at all possible. Sign a buyers agent agreement with your agent so that his allegiance is to you -- otherwise, by law his allegiance is ONLY to the seller and by law, you are in an adversarial position to the seller and the Realtor. With a buyer's agent agreement signed, your agent is now on your side, by law, and is an opponent of the seller and the seller's agent. Ask your agent then to provide you with all the comparable sales data from the multi-listing service if there is one. If not hire an appraiser, once you have the property under contract, (make the contract contingent upon a satisfactory appraisal) and pay to have the price evaluated. If you have contracted for too high a price, renegotiate the contract; if you find you have a real bargain; you of course double check with your agent and the appraiser to find out why. It may be that the reason for it's "reasonable" price the reason that keeps it from selling is not that important to you -- and you do have a bargain.

Possibly your employer or the consulting work or your self employment activities may allow you to telecommute. But if you can't telecommute to maintain your current income; before buying in an area, find out if you have a marketable skill, one which is in demand in that particular region. This will give you some assurance that you will not become a financial fatality. Most of the folks who move to rural communities, without checking into how they will make money in the new location, have to sell their property at a loss within 5 years, due to lack of income.

If you are retired, be certain that hospitals, doctors, stores, restaurants, etc. are suitable for you in the new location -- or be very certain that you will be able to comfortably reside in the new area regardless.

Some of us are not be able to save enough money for a cash purchase of our rural dream property before we reach retirement age. It is however likely that we can provide a small sum for a down payment, and we're reasonably certain that we can market our skills locally to meet payments and put bread on the table (but please don't just guess about this, check it out).

Even if you find small acreage (10 to 50 acres) for $5,000 or less per acre that has good soil, good water available and a good prospect for an inexpensive, workable septic system -- many banks and mortgage companies are not optimistic about financing raw land. BUT, seller financing is often a alternative and easily structured method of purchasing raw land. In fact it is not unusual to get twenty, thirty or even forty year financing at 10% or less interest -- from the seller. Of course, in order to build on the property, you will normally have to pay off the seller's mortgage with your home financing loan. Any of the money you have paid on the price of the land, down payment as well as principle payments during your ownership period, and any appreciation of the land value will be considered as part of your down payment on your home owners loan.

Be careful to set your payments so that you can afford the land payments along with your current cost of housing. You can save thousands of dollars in interest by keeping your loan to as short a term as possible. Also, make sure that there is no prepayment penalty on your seller financing note.

You can however often purchase an existing home on acreage for a lot less than the cost of acreage and building a similar home. You can also often rent out the property to cover part of your expense while you arrange your affairs for your eventual relocation to rural bliss. If you are interested in purchasing a 100 acre horse farm complete with buildings, fencing, paddocks, etc. you can often save nearly 50% of the reconstruction cost; but there is little market for renting such a property.

If you find "more than five acres" with a home and buildings that need work but are structurally sound, you may save 30% to even 60% of the reconstruction cost. Be certain in this area, Sussex County Delaware, that you get more than five acres as five acres or less falls into a nonagricultural zoning classification that you may not wish to be involved with as you develop your rural lifestyle.

Most people ask me for 20 to 30 acres, or more. But let's take a look at reality here. A football field is three quarters of one acre. Thus 5.1 acres or more is a very roomy place to live acreage wise. If you want horses however think 15 acres or more. Each horse will need an average of 5 to 9 acres depending on how you decide to raise the horse; that acreage is in addition to the land that your home, driveway, out buildings, garden and other non-fenced areas take in. Many people are thinking of one, two, three or four horses for the family enjoyment; if so they need about 3 or more acres for the home and other human related improvements and should figure an additional average of seven acres for each horse or pony.

If you have a dream of self-sufficiency; living off the power grid, being away from it all... this is virtually impossible in reality yet most prevalent when you are in the dream stage. Coming to terms with what you can realistically afford and what you can realistically live with before you buy can save you a lot of headaches later.

Solar power is far more expensive than buying electricity from the power company, wind power is unreliable, water power is expensive and hard to arrange; now I expect to get a lot of argument on this from those who have read all about it but have no real experience -- but I won't get any valid argument from anyone who has done it (unless they are simultaneously trying to sell the idea to others).

There are many good articles in Backwoods Home Magazine; but most of them leave out the initial expense, maintenance expense and almost always the expense of replacing worn components of these so called money saving off-the-grid systems. You can however design a passive solar home, one with most windows facing south west and few facing other directions. Most older farm houses are already designed like this, not all of them are well insulated however.

Location: is paramount. We Realtors are wont to chant"location -- location -- location" like a mantra. It isimportant, just learn what it means as location hasdifferent parameters for different purposes. Location on a main road is imperative for commercial activity; location near pleasant living and good jobs is imperative for residential property; location regarding rural principles is a matter of sometimes life and death or at least a matter of doable and undoable for a rural home.

I suggest that the proper location for rural living is NOT usually closest to the best beach, ski slope or lake but the more sensible location is near to a rural town where many or most of the locals are living on rural acreage. In our area everyone wants ten to thirty acres near the beach; after finding out the price, they dream about 1 to 5 acres but seldom end up getting it and if they do the difficulty of finding it, using it for rural purposes and enjoying it when your neighbors complain about your rooster, tractor noise or fertilizer odors will often make this semi-rural location less than your dreams.

If you're not rigidly set on purchasing land in some popular or scenic wonderland, some good buys can still be found in the less "romantic" parts of the county, particularly on the edges of small farming communities. In Sussex County, I suggest the south west part of the county, west of Millsboro, nearer to Gumboro, Delmar, etc. for the best rural surroundings and lowest prices. There are few properties available in that area but even fewer buyers who have faced the reality of where rural living is better lived.

If you are independently wealthy, that is a different matter. There are some lovely farms on the cliffs overlooking the Pacific near Carmel California; where the movie stars reside and if you can find a hundred acre farm you may be able to get it for a hundred million dollars or so, plus the value of improvements. That is about what you can expect to pay for acreage near Rehoboth also; and it's a little easier to find. The farther you go away from the "ideal" locations the fewer people are looking to purchase it and the lower the price is. An interesting anecdote here; I had a couple come to me a few years ago looking to purchase a hundred acres or so on the oceanfront near Rehoboth, for horses; they could easily afford the price of a million an acre or so, but they ended up purchasing land twenty minutes inland after they did more reasonable research.

Before you go out looking for property, sit down with paper and pencil and any partners or family that will be involved. You may find numerous surprises when you all start writing down importances, desires, and things not wanted. It is most important that you know what you must have, and what you can do without. Make a list of the features you feel an area MUST have in order for you to consider relocating there. This might include things like climate (and, thus, growing season), being within a certain radius of a population center (or maybe a certain distance AWAY from one), and availability of certain facilities or services. Being within 20 miles of an airport or hospital may not matter to one family, but could be of vital importance to another.

The most important item on this list is consideration of the social and economic climate of the area, and how you will fit into it. Even if you're independently wealthy, the economic circumstances of an area can affect how you will fit into it. Will a well-heeled but bored-with-society person be able to move into an economic Appalachia and truly find contentment? Perhaps, but first consider the "necessities" of the life you'll be leaving. Do you need to regularly attend the symphony or visit a high-quality library? Is high quality clothing shopping or other shopping important to you?

MAKING A REASONABLE INCOME AND LEARNING ABOUT RURAL IMPORTANCES: IS PROBABLY THE MOST IMPORTANT PART OF LEARNING TO LIVE IN THE STICKS.

Those of us who aren't independently wealthy need to consider some means of supporting ourselves in our new surroundings. "Living off the land" is certainly NOT all it's cracked up to be, and isn't even legal unless you become a vegetarian; year around hunting for meat is illegal everywhere. Even gardening or collecting wild edibles is not legal either, if you try to do it on public land.

Before moving to the country... One of the important questions to ask (and find out for sure the answer) is; "Does the area have a large enough population base to give a person a good shot at finding a job? Another is; "Does it have a diversified economy? Many communities seem to have good employment opportunities, but on closer inspection they all turn out to be based on the same industry, such as recreation, chickens, fishing camps, skiing, ocean swimming and water sports, timber or mining or farming. If the bottom falls out of a single industry, or suddenly there is no snow or the water becomes polluted and is posted against use... as folks from many towns can attest has happened, the economy of the entire area falls apart -- FAST... to fast to get out with your investment.

If an area's economy is primarily based on tourism, such as ours in the Rehoboth, Lewes, Dewey, Bethany, Fenwick area, there may be many jobs available in the service sector (motels, restaurants, etc.) But most of these jobs pay very low wages, and often these jobs are seasonal. Land prices tend to be inflated in many resort areas, and ours more so than most.

I was surprised a few years ago to find that the most expensive areas of California were not all that expensive compared to Rehoboth and surrounding areas.

Minimum wage income is not likely to enable a person to live comfortably in a resort community, much less enable a person to purchase property! An extreme example is the city of Aspen, Colorado. This beautiful ski resort community is an extremely expensive place to live. The local fast-food restaurants have trouble getting employees because there is no reasonably priced place for them to live. Some of these businesses actually have to provide housing in order to get employees! It is somewhat like that in Rehoboth area. As you may know, Grotto's Pizza, our largest employer in the area, at one time provided space for many of their employees. Now, a lot of our resort help lives communally in "three bedrooms, sleeps twenty) type apartments and homes. Many more of our seasonally employed folks are imported from Ireland and elsewhere -- and come to live in dormitory style, often sleeping in shifts.

If you are a computer professional, you are very fortunate as the "Information Age" has created a class of professionals who can survive in depressed rural areas -- the computer entrepreneur. With reasonably good dial-up ISP service, perhaps a cable modem (in Millsboro and some areas of southern Sussex County) a cell phone, computer, printer, modems and fax, people can now roam across the country and the world by phone and the Internet. Some folks, and this is a fast growing segment of our buyers, can either work at home for a distant company (perhaps commuting once a week or once a month or even in the case of one of my clients twice a week) or create a new business as a consultant, doing the same job for the same company they are currently employed by. With a business card and digital tools one can appear to have a large conventional business, albeit a laptop and other portable digital tools, and it can be quite profitable.

Computer-based businesses are ideally suited for rural living. They are becoming increasingly more important as a means of breaking loose from the grind of commuting to work in big cities that are fast becoming too dangerous to live in. If you're not yet into computers, you'll have to consider whether you have a skill that's marketable in the area you're interested in.

Make sure the place you choose (a) has a use for that skill, and (b) isn't saturated with unemployed people who have the same skill. One of my best friends is a fabulous carpenter, home builder, cabinet maker, and skilled in many other fields such as welding, auto mechanics, gunsmithing to some degree and perhaps a couple of dozen more marketable skills. He moved to a rural area of Virginia to his dream home on over a hundred acres and his income plummeted. He is back here now and I'm glad he is even though I don't see him very often; it's just pleasant to drive by his business and know he's back in the neighborhood.

Please, please, please... before you move to an new rural area; subscribe to the nearest newspaper for the area you are considering and read the economic and community sections as well as the help wanted ads. If there is a skimpy "help wanted" section in the local paper... beware. On the other hand, could this "depressing" state of affairs regarding employment news probably means that real estate is bargain priced in that area?

OTHER THINGS TO CONSIDER

What about your health and age? Do you now or do you expect to have frequent need for the type of medical services mostly found in large cities?

Although they're necessary, think seriously about staying at least 25 miles away from the nearest freeway system. These "conduits of crime" that cross the country not only carry law-abiding citizens but solitary criminals and gangs as well. The gangs and other thugs tend to use the corridor towns in proximity of the freeways as their "banks" and they excel in "withdrawals on the run." One small town the writers lived in was only a few miles from a freeway exit. One night, two men left the freeway, robbed a motel and got back on the freeway a short time later. They were never caught. Imagine what these corridors may become as our cities and suburbs continue to deteriorate!

WHEN YOU FIND AN AREA YOU LIKE . . .

Once you've decided generally where you'd like to relocate, visit it several times, preferably at different times of the year. Learn which areas are desirable and which have problems. Check for flood plains, areas with access problems, water problems (not enough, too much or poor quality), noise problems (yes, even rural areas can have noisy spots), or other problems peculiar to a given area. Some rural "neighborhoods" have earned a bad reputation. Find out why before buying there. If the price seems too good to be true, maybe somebody's trying to unload a problem.

If you're looking for undeveloped land on which to build your retreat, find out about the water tables: depth, quality, and reliability. Find out what it costs to drill a well to the necessary depth for that area. Water should be one of the most important considerations in any land purchase. In Sussex County we are fortunate that we have generally good water (no matter what the press and Pseudo-envoronmentalists say) and wells are relatively cheap to drill.

Find out the proximity of utilities and costs to bring them in and hook them up, if they're not already in place. In some areas, costs to hook up to the power lines grid are prohibitive. Some of those same areas may not be conducive to an inexpensive well or septic either. BUT that can be an advantage if you are able to think outside of the norm. For instance our Fowler's Beach property is not conducive to running electric wires, getting good water from a shallow well or building and inexpensive sewer system. As a result you can get waterfront acreage for little money on a private beach and the cost of electric, water and sewer when added to the cost of the property is minuscule!

Once you've narrowed your search to a few areas within your target community, look at several properties! Realtors such as ourselves, can be a big help, not only by showing you individual properties, but by telling you about the area in general. It's not necessary to restrict yourself to one Realtor. But as soon as possible you should choose ONE to work with, get their allegiance and preferably sign a buyer's agent agreement with them so that they are looking out for your best interests!!! If your Realtor is too pushy for you or isn't showing you the type of properties that interest you, find another one; make sure you void the buyer's agent agreement if you have one (in writing) and get a Realtor who will listen to what you want and provide you such.

And don't forget to watch the newspapers and check out properties in your price range and area of interest being offered for sale by owner. Sometimes the best deals can be had by working with owners; and if you have a buyer's agent, the agent can make certain that you are well informed and protected even after you view the property with the seller.

You will also need an attorney in Delaware to assist you with the closing on the property. It is important to know that all attorney's CAN do real estate settlements but only a handful are worth using. Attorneys specialize and only three to five of them specialize in real estate -- for the rest of them, real estate settlements are awkward and no matter what they say... they usually make errors and those errors can be horrid.

When you do find a property you like, don't let it blind you to its drawbacks. Whether or not you're working with a Realtor, do your homework. Remember, unless your Realtor is a buyer's agent, he or she is working for the seller. Most Realtors will be up front with you about all your questions, but they are also bound by contract to get the best possible price for their client, the seller. And, by law -- when they are working for the seller there are numerous things they may NOT divulge to you even when they know about them.

First, ask the seller or Realtor all the questions you can about the property. For an older dwelling, this might include questions about the age of the wiring and plumbing, type of foundation, and in some parts of the country, when it was last checked for insect problems. This is particularly important near the beaches and regarding wooded properties -- where termites are prevalent.

Then talk to the neighbors. In the rural sense, the "neighbors" are folks living within a five-or-so-mile radius of the property; sometimes even more, if the property is down a long road without intersections. Ask them about the area, its people, any problems with the area, and particularly if they know of any drawbacks with the property you are considering purchasing. If they seem reluctant to talk to you, this might be a red flag you shouldn't ignore: maybe they'd like to buy the property but can't afford it, or maybe they don't like outsiders buying property in their area. If you run up against this in several conversations, you might have a hard time getting along with the neighbors. Buying -- and holding onto -- that chunk of land, with or without a home and buildings on it will take creative planning, patience, and caution on your part!

IF YOU MUST HAVE A DEAL OR ELSE . . .

Today's expensive properties will be tomorrow's bargains. Don't be discouraged by short term obstacles. Land prices seldom go down in the long run. Obviously, there are a lot more things to consider when buying rural land as opposed to buying a house in a city. One of them is the possible problems of buying in a "boom town" area when you don't want to be part of the boom.

It is important to consider whether your dream location will become less desirable as more people relocate there. For this reason it is not uncommon for people who move to a rural area to want to "close the gate" after they get there. They realize that if too many people move to the small community they have chosen, that it will eventually lose the qualities that drew them there in the first place. Unfortunately, people WILL find these wonderful places, no matter how hard some people try to keep them a secret. Some communities handle growth well, others don't. Check to see what kind of planning and zoning is present in your chosen area. A community that looks ahead and plans for growth fares much better than communities that keep their heads in the sand, thinking "it can't happen here." Growth not only can happen, it will.

But short of a natural disaster or a devastating man-made calamity, land won't come down in value. Buy it, use it, live on it, improve it, and love it. Land is the best investment you'll ever make, for yourself and posterity.


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Investment Property

How to Analyse Financial Performance in Investment Property
By John Highman

When looking at a commercial property of any type you need to spend time on the financial aspects of the property before you form an opinion about the price that you think that you can achieve. The financial aspects of the property can have a major impact on the price and or the interest of purchasers. The financial aspects of a building or a property can impact the asset for many years and for this reason must be analysed and identified.

We have detailed some of the major aspects of financial concern in a property purchase or sale scenario. Whilst these are not the only categories of activity and concern, they are the major ones in most circumstances.

We recommend that you create a checklist from these items so that your property review and inspection process is suitably enhanced and professional.

  1. The Asset Schedules: The property will contain many fixed and moveable assets. These will normally be detailed on the asset register. A well maintained commercial property will have an up to date asset register for your review. Obtaining the asset register at the early stage of sale consideration is productive as it will tell you in detail what you are selling and later become part of the due diligence process.
  2. Bank and Personal Guarantees: An investment property comprises leases and other documents which support tenant occupancy. A normal leasing process would involve and create some form of guarantee to be provided by the tenant to the landlord for the duration of the lease. It is important that this guarantee has both strength and substance to reimburse the landlord in situations where the tenant defaults under the terms of the lease. At the time of property sale, these guarantee documents should have some form of ability to be transferred or re-issued to the incoming purchaser. This process is called an assignment of the guarantees. You should consult with the landlord's solicitor to identify the types of guarantees involved and the ease in which this can be achieved at time of sale.
  3. Capital Expenditure: Major items of plant and equipment which are replaced in a commercial property are usually regarded as capital expenditure and are separately itemised for the purposes of taxation and depreciation over a period of time. Taxation laws in your location will stipulate the depreciation terms as they apply to different types of capital expenditure. For example, a computer that is purchased for the building control system will depreciate far quicker than the air handling unit which was purchased for the air conditioning plant. Well maintained property records will include a detailed capital expenditure register and the date at which the capital item was purchased. Purchasers to the property will be interested in the depreciation that this register provides against the cash flow in coming years.
  4. Taxation and GST: Every country and property location has its own unique taxation laws and requirements relating to property and particularly investment property. In the sale process, it is important to understand that these matters have been correctly handled and are up to date. It is sometimes necessary to view the net returns for the property for the last few years that were applied to the taxation statements and lodgement process. You can also seek written confirmation from the owner of the property that all taxation matters are up to date.
  5. Income and Rent Analysis: The income for the property is a reflection of the leases and occupancy licences therein. It is essential to understand that the rent has been collected in accordance with the leases or licences and that all rental matters are up to date. Part of this process will also involve the checking of the rent review profile and the expiry profile of all leases. A property with a volatile leases or leases that are soon to expire is likely to impact the price or the buyer interest. When reviewing tenant occupancy against leases, you should review the original documents and cross reference this to the tenancy schedule and any discussions or information provided by the landlord.
  6. Independent Valuation: Many property owners will obtain a valuation regularly in support of their property financing package. It is not unusual for such valuations to occur annually. Importantly they are done by a qualified and registered valuer. If you view this documentation and take it into account in the pricing process for the property, it is wise to consider the true independence of the valuation when it was done and its relevance to the current market. Some valuations for financing purposes may not be in parity with the existing market conditions. It pays to sometimes seek a true independent valuation at the time of sale or in preparation for sale.
  7. Land tax issues: Property land tax has a direct impact on the investment aspects of commercial real estate. In different locations, the recovery and payment of land tax is impacted uniquely by local legislation. In some circumstances the land tax can or cannot be recovered from the tenants within the property. This will have immediate impact on the bottom line and net return from the property; this then impacts the price. Consulting with the financial adviser for the owner of the property, or the taxation office, will achieve clarity in this taxation impact. Given that most agents and brokers are not taxation experts, you should involve other professional taxation people as appropriate.
  8. Lease disputes: Rarely is there a property that does not have an existing lease dispute or has been impacted by a previous lease dispute. For this reason it pays to question the matters of lease dispute and resolution. If in doubt, seek a copy of correspondence and any subsequent agreement between the appropriate parties. Unresolved lease disputes can jeopardise or slow the process of property sale.
  9. Mortgaged interests: Most commercial real estate properties will have a mortgage of some type to a financier. When a mortgage exists, it is necessary to understand how it will be handled or discharged in the process of sale. The client should consult with the mortgagee to clarify these matters for you. In a situation of distressed properties, the sale of the property may need to realise a particular price before clear title can be achieved.
  10. Operational expenditure: The running of a commercial property will involve the operational expenditure attributed to running costs. Most of properties of particular types in the same location will have similar operational expenditure. If however a property has excessive operational expenditure which is above the averages in the area, then the property is likely to be difficult to sell. Most purchasers of properties understand the averages of property expenditure deemed to be realistic for each property. This also says that real estate agents and brokers should be well aware of the expenditure averages and analysis process that should apply in this situation. Operational expenditure is analysed on the basis of $'s per m2 or $'s per ft2 (depending on your location, monetary base, and country)
  11. Statutory charges: These are commonly referred to as rates and taxes. These will involve matters such as water rates, land tax, council rates, and any other form of charge which is raised by the statutory bodies. Importantly the charges so raised must be analysed for parity to similar properties in the same region. Part of the rating process involves a statutory valuation of the land on which the building and property is located. Whilst some property owners like to think that their valuation is high and justifiable (and therefore gives substance to the sale price of the property), it is this valuation that is the foundation for the charging and payment of statutory charges. The astute property investor will always question this statutory valuation undertaken by rating bodies in an endeavour to restrict or lessen the amount of statutory rates and charges paid each year.
  12. Rent reviews: A significant concern in the sale of a property is the size and stability of future rent reviews. It is the rent reviews which will underpin the cash flow and hence the attractiveness of the property to purchasers. It is essential that the real estate broker or agent read all of the leases, before any assessment of price or method of sale is given. It is quite possible that the rent reviews projected and detailed in the leases can either hinder or attract purchasers to the property.
  13. Rent arrears: Existing rent arrears should be identified with the owner of a property. Any matters of associated legal pursuit should also be identified. It is possible that the property has had a history of rent arrears and instability. Look for these matters and question the cash flow stability. A history of financial performance from the property over the last few years is the best way to achieve this.
  14. Current building budget: This will involve a budget of income and expenditure as it applies to the building currently in the existing financial year. A good building budget will be written and supported by sound property strategy, projections, and controls. At the time of any potential property sale, it is important to understand that the current financial performance is in line with the expected building budget. If there are any shortcomings or overflows, it is necessary to clarify the reasons for such. If you do not do this, the purchaser of the property will.
  15. The side agreements or deeds: Property occupancy and usage can involve supplementary side agreements and deeds. This can be with tenants or neighbouring properties. Documents of this nature will have impact in the sale even though they may not be registered on the title of the property that you are to sell. Documents of this nature will usually be supported by aspects of common law. If in any such arrangements exist, you must seek further detail and clarity as to how they will be handled at the time of sale. One of the common events here is the existence of rental incentives provided to tenants at the commencement of the lease. When these situations exist, the most common method of resolve is the discharging of the arrangement by the landlord prior to settlement. This can become a term of the contract.
  16. Sinking funds: It is not uncommon for sinking funds to exist on larger properties. The fund is essentially established to set aside money to cover the cost of major items of repairs and maintenance. This would not normally include items of a capital nature. As an example, sinking funds may be used to cover the cost of painting the exterior of a large building such as a shopping centre every five years. If a sinking fund exists, it is important to understand how it will be handled at the time of sale. Consultation with the client's solicitor and accountant is essential to the process.
  17. Taxation depreciation schedules: The property will have a taxation depreciation schedule. When correctly maintained, these schedules have the ability to lessen the net property income in forthcoming years. This is an immediate taxation benefit to the purchaser of the property who will assume the depreciation schedule as part of the sale and settlement. As the broker or agent in the sale you should check the existence of such documentation and identify what benefits it brings to the sale process. A well constructed and detailed depreciation schedule will make the property sale more attractive.
  18. Short term leases: Many properties have short term leases or casual occupancy active at any point in time. It is vital to know the mechanism under which this occupancy occurs and how it will be terminated. You do not want a short-term occupancy to jeopardise the stability and processes of the sale.
  19. Un-documented lease occupancy: Some may call this a casual lease; however a casual lease can create concern and uncertainty in the process of sale. Some tenants may claim a long-term occupancy from the existence of a previous casual lease arrangement with the landlord. Claims of this type must naturally satisfy the requirements of law to be sustained or upheld by the courts; however you should be cautious in such circumstances given that it can slow down or even jeopardise the sale process.
  20. Warranties and guarantees: When properties are constructed, the normal process of warranties and performance guarantees apply from the construction process. At the time of sale, you need to know if any such matters apply or exist. Copy of the documentation is essential. Further to this, in an existing building where recent fit out activity has created newly constructed premises, it is likely that warranties and guarantees exist for the tenancy construction. These will transfer to the new owner of the property in most circumstances however the documentation to allow this to occur must be suitably constructed. This is a matter for the solicitor acting for the client.
  21. Utilities costs and supply: Every commercial property will be supported by the supply of water, gas, electricity, and communication systems. The process of supply needs to be understood together with the cost of the process. Obtaining copies of recent accounts for those services will help you here. It is possible that some utilities will be supplied direct to the tenants and some others will be supplied direct to the building owner. Any differences in supply should be identified and documented. The costs of supply should be compared to the averages of other properties in the area.

This brings to an end the matters relating to financial due diligence. These are the major issues that apply in the sale of commercial real estate; however you should look for any other items given that each property is unique in its performance and financial structure.

Your review of these items should include the gathering of all original documentation as part of the checking process. Your notes taken of any comments and findings should be well maintained to protect you in the event of any disagreement or dispute. Given that commercial real estate involves large cash flows and extensive legal documentation, the frequency of disputes is reasonably high. The only way to protect you here is in your quality notes, a questioning mind, and good documentation.



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Foreclosures

How Code Enforcement Tackles the Problem of Abandoned and Vacant Properties
By Gerald Henry


Code Enforcement Departments for Counties and Municipalities across the United States have been grappling with the increased workload issues created by the rising number of vacant and abandoned properties due to the continuous pursuit of foreclosures by mortgagees (banks, lenders, and lien-holders). ForeclosureListings.com, confirmed that the "national foreclosure rate in January 2010 was one foreclosure filing for every 466 U.S. households; the most severe problems continue in the West and in Florida. Unemployment, economic hardship, negative equity, and credit availability are driving the foreclosures." If a property owner was in default with their mortgage payments and could not satisfy the outstanding debt or bring the mortgage and any outstanding penalties current during the pre-foreclosure stage, they were surely going to be faced with having to leave their home. In some cases, property owners that were upside down in their mortgage or through financial hardship found themselves in a position where expenses were just too overwhelming may have chosen to just walk away from their homes, no matter how difficult it was for them and their families. In a time when most jurisdictions, especially, small local governments are also dealing with the difficulties created by financial dilemmas and hardships that are reducing the workforce and resources, the rising foreclosures have taken its toll on code enforcement departments that are tasked with trying to keep neighborhoods and communities from becoming blighted, unsafe, and depreciated in value.

The problems that were created by sitting vacant residential properties, such as vandalism, unsafe open structures, stagnant swimming pools, just to name a few, created immense expense as communities where tasked with securing and abating these problems without the assistance from any property owners or residents. Often, the property owners who were responsible for maintaining their homes during this difficult time felt it unfair that they were still required to provide for regular upkeep of their properties or face code enforcement penalties while the abandoned foreclosed homes next door were neglected and left to bring down the value of their homes and detract from their neighborhoods. According to the latest report from RealtyTrac, a company that monitors the trends of foreclosures across each state, "Florida posted the nation's second highest state foreclosure rate in November 2009 with one in every 165 housing units receiving a foreclosure filing during the month. Florida took the No. 2 spot from California, which posted the nation's third highest foreclosure rate." It became common for community members and leaders around the State of Florida to feel that the mortgagees were slow to take responsibility for these assets and started to put pressure on county and local governments to address these properties, without using their tax dollars to do so.

Foreclosure Procedure in the State of Florida

There are a few different types of foreclosure procedures in the United States. According to Erate.com, "One common type of foreclosure is the 'deed in lieu of foreclosure' arrangement. Often called 'strict foreclosure,' the bank claims the title and possession of the property back to satisfy the debt. The other most common type is the proceeding known simply as 'foreclosure' or 'judicial foreclosure.' Here the property is exposed to auction by a county or court official. The winning bidder receives a deed to the property. Banks and other lenders usually bid on the property in the amount of the owed debt, and if no other buyers step forth they will receive the title to the property. Other states employ yet another type of foreclosure, called 'non-judicial' or 'statutory' foreclosure. In this case, when a borrower fails to make payments, the lender may be issued a notice of default and intent to sell. If the borrower does not solve the default with payments or other means, the property will be sold at public auction." In the State of Florida, foreclosures are handled as judicial procedures that are processed through the court system. This process can take a bit of time, 5 months or more, beginning with the lender advising a mortgagor that they are in default and subsequently recording a notice of Lis Pendens. The homeowner will be served notice of complaint, which basically provides notice of intent to foreclose and contains the total debt. The property owner gets to have an opportunity to appear in court to answer the complaint, however, if the court rules against the property owner, a judgment of foreclosure will be issued. After the judgment has been entered, a writ will be issued by the court authorizing a sheriff's sale. Usually, if the property owners remain inside the home, they would be considered as trespassing. If the property is sold by judicial sale, Certificate of Title will be issued to the new property owner or returned to mortgagee.

Challenges for code compliance

Code enforcement officers typically have to address code violations on occupied properties where the residents are either unaware of the code requirements, neglectful, financially distressed, or possibly violating code requirements intentionally, however, in the case of abandoned or vacant homes, these residents have either walked away or have been required to vacate the properties leaving the property maintenance and violations for another responsible party who have control over the properties which in most cases are the holders of the mortgage notes. This becomes a difficult task as property owners were often required to vacate the premises before the property was either sold or taken back by the mortgagee through completion of the foreclosure process leaving the ownership records unchanged. Code enforcement officers were now faced with dealing with code violations on vacant properties where tracking down the responsible parties for these properties was extremely difficult. Even when a mortgagee's name was located from researching foreclosure filing papers, there would only be large corporate bank or financial institution name and an address that would not lead you directly to someone who was responsible for the property and would get lost in the maze. With strapped resources and increasing demands from community members, local governments started to adopt various vacant property registration programs that required mortgagees to become more involved with these foreclosure properties either from the time the property owners was going into default or when a property became vacant and abandoned. Although some registration programs may only consists of providing information such as responsible party name and contact information, some programs have required significant steps be taken for a vacant, abandoned property including providing electronic security systems.

Sample Registration Program, Broward County Florida

Local governments have had to take steps to bolster local communities against the negative effects of vacant and abandoned properties and obtain voluntary compliance with property maintenance and building code violations. For example, in Broward County Florida, Building Code Inspectors and Code Compliance Officers respond to numerous complaints and concerns regarding single-family homes, condominiums, townhouses and duplexes that are being vandalized, in severe states of blight, lack of maintenance, security, hazardous conditions, and other health and safety issues that these properties present. Requiring mortgagees and absentee owners of vacant and abandoned properties to correct such violations presents significant challenges to the Code Enforcement process. Additionally, when these properties are abandoned and vacant for extended periods of time, there may be unexpected problems for purchasers of these properties such as property maintenance issues, outstanding building permits, and code enforcement liens and/or assessments. In response to recent events in the housing market which have led to a drastic rise in the number of foreclosed homes located within the unincorporated areas of Broward County, the Abandoned/Vacant Real Property Registration and Certification ordinance was created to protect unincorporated residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned and vacant properties. The program is intended to address those properties that are vacant and abandoned that have come under the control of a mortgagee or beneficiary as a result of the default of the borrower and/or the foreclosure process. The program also applies to properties that were obtained under a deed in lieu of foreclosure. The program requires mortgage lenders to inspect defaulted properties to confirm that they are occupied. If a property is found to be vacant, the program requires that the lender exercise the abandonment clause within their mortgage contract, register the property with the County and immediately begin to secure and maintain the property to program standards.

The ordinance also requires that a local property management company be contracted to perform bi-weekly inspections to verify compliance with the requirements of the ordinance, if the owner of the property is a corporation, partnership, and/or out of area mortgagee/owner. The property must also be posted with the name and 24-hour contact number for the property manager who can respond to problems or concerns. The inspections and certification portion of this program offers added protection for buyers of foreclosed residential properties in the unincorporated areas of Broward County by requiring all title holders of these properties which are acquired through a Certificate of Title (Foreclosures and Judgments), in accordance with Chapter 45, Florida Statutes or under a deed in lieu of foreclosure/sale to obtain a Certificate of Foreclosure Inspection prior to offering the property for sale, transfer, or other alienation. This requirement allows for the performance of a cursory visual inspection of the property and an inspection report by a code enforcement officer to provide a disclosure of any non-compliance with property maintenance codes, outstanding County liens and/or special assessments encumbering the property and to also identify any outstanding building permits.

Steps taken to address problems with foreclosures

As the federal, state, and local governments look for ways to assist distressed homeowner's in keeping their homes or to assist purchaser's and investors to acquire foreclosed homes to get them repaired, maintained and occupied, the banks have also focused on addressing the concerns of local governments in regards to the problems associated with vacant and abandoned properties. Mortgagees may utilize their own staff or obtain the services of companies such as asset managers or mortgage servicers to handle numerous functions and responsibilities related to foreclosed properties from pre-foreclosure thru property preservation ultimately to sale or transfer to a new owner. The companies employ a variety of staff to handle such broad areas such as property management, real estate and title services and have started to place a greater emphasis on property preservation and code compliance. These companies employed by the banks that utilize their services have recently focused their attention on the ordinance requirements for properties under their management, at the same time, promoting a partnership with local jurisdiction code enforcement staff to help alleviate the problems with vacant and abandoned properties and create a better method of communication when problems are not being addressed with property maintenance issues. According to information provided on the website for The Mortgage Bankers Association, this organization promotes the utilization of the MERS ® Mortgage Electronic Registration System database to obtain a list of property preservation contacts to assist local jurisdictions in their efforts, especially in the case of securing open and unguarded, vacant properties.

Conclusion

Properties that continue to be abandoned, neglected, and unsecured for extended period of times, which may include years, work against the mortgagees, as these conditions continue to force property values continue to decline, costs for repairs to increase due to vandalism and deterioration and liability for the mortgagees remain as squatters and children get access inside unsecured residences. In order for code enforcement to be truly proactive, it must take steps to prevent problems not address them after the fact. Even though most jurisdictions charge a fee for registering these properties, the fees are usually intended to offset the operating costs for the program which includes all administrative work involved, as well as the increased field investigations work that these vacant and abandoned properties require. The proactive nature of these programs to seek out the responsible property preservation and servicers work to reduce the costs for the mortgagees as well as the local jurisdiction. Fines and liens that are placed on these properties due to daily running penalties and costs for abatement work such as performing board-ups, stagnant pool abatement, lot mowing, and junk, trash removal may reach in the hundreds and even thousands. Because many of these properties remain in the name of the previous owner until the property is transferred and the new owner is properly recorded in the county records, most jurisdictions are only required to cite the owner shown on their tax assessor's records or deeds in order to address violations. The property registration programs have accomplished numerous goals which include increased responsibility and accountability by the mortgagees in regards to these assets, adherence to local property maintenance and safety building codes, and increased attention towards making these properties viable again for ownership and heightened steps toward re-occupancy. The more properties remain occupied and less are bank owned or abandoned, the less for the need for these types of vacant property ordinances and registration programs.


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