Archive for the ‘negotiating’ Category

Due Diligence, Part 3 — Inspecting the Property

Wednesday, February 6th, 2008

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Following the outline from “Real Estate Investing for Dummies,” aimed at investors in fixer upper houses, we now move to the property inpection part of due diligence.

You have made an offer on a house, it has been accepted by the seller, and you are now in a period where you must determine whether or not the house is really worth puchasing. If you inspect the property and the physical condition is not satisfactory, almost all purchase contracts allow you to gracefully back out of the deal with no loss of earnest money.

Even if the investment property looks good on paper, and your pre-offer inspection didn’t unearth any skeletons, a wise investor will always do a thorough physical inspection before purchasing.

Although we investors tend to be frugal (see, skinflints), this is not the time to cut corners. You need an extensive inspection by qualified experts. I mentioned in an earlier post that I have a handyman/friend who has extensive experience in the construction & building trades, who inspects my investment properties. Unless you know someone that has that kind of background, you ought to hire someone who does.

Almost always, the inspection pays for itself. You will find problems in need of repair that are of far greater value than what you will pay the inspector. And the good part is, the seller will have to pay for the repairs if he wants to sell the house.

Many investors use a two-track approach to property inspection. You are looking for two types of problems:

1. Patent defects — those which are more superficial and can be spotted by merely looking at the property. These include broken doors, cracks in walls & ceilings, and spots in ceilings indicating a leaky roof.

2. Latent defects — those which are not visible to the naked eye, and are only identified through delving deep into the bowels of the house where few have treaded. In fact some potential problems, such a water pipes inbeded in the slab would be nearly impossible to evaluate. In fact, you couldn’t evaluate it at all unless you had a disclosure from the seller.

Next Time: Disclosure Requirements

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Conducting Formal Due Diligence

Wednesday, January 30th, 2008

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I am currently reading “Real Estate Investing for Dummies” by Tyson and Griswold, a well-written and thorough book that covers the basics of what real estate investors should know. I’ve long considered “Investing in Real Estate” by McLean and Eldred as one of the best introductory texts for real estate investing. Yet after reading the “Dummies” book, I find it equally as good, and perhaps a little more accessable for the new investor.

Here is my list of Top New Real Estate Books that I posted on Amazon.

To assist those who invest in fixer upper houses, I’m incorporating key parts of the “Due Diligence” chapter from the “Dummies” book with my own real estate observations.

Once you have made an offer on a house and it had been accepted by the seller, the “due diligence” period begins and you have until the close of escrow (or completion of the sale) to check out the physical and financial condition of the property. If you discover that the property has problems, but you think the deal is still worth pursuing, the seller may be willing to correct any deficiences, or give you money to to complete the necessary work yourself.

It’s during this time frame that you must get all of your questions answered and be sure you know what you are getting. If done properly, it will require quite a bit of effort on your part. But it must be done, if you wait until after the property is in your possession, its too late to ask the seller to replace that broken furnace.

You should work closely with the seller but take his word for anything. Only trust what you have in writing.

In my case, most of the house that I buy aren’t bought from the owner. They have been reposessed by a bank, the Veteran Administration or HUD. But I still do due diligence by having my friend/handyman go through house with a fine tooth comb. He knows more about the house repair than anyone I know.

There are two key components of due diligence process:

1. review of books and records
2. the physical inspection

A thorough look at these two components should allow you to determine if the property is worthwhile, priced right, and your goals. The due diligence is your last opportunity to either complete the transaction, or cancel the escrow, have your money returned, and look for another property.

Next post: Reviewing Books and Records

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House Buying Negotiating Techniques “Suppose that … “ and “Just one more question …”

Friday, September 14th, 2007

Returning to the topic of negotiating to buy a house, I came across an insightful technique suggested by Bryan Wittenmyer in his book Perpetual Income. Instead of directly making an offer, frame the offer in the least offensive way by saying, “Frank, suppose I gave you $5,000 down for the property, is there any reason why you wouldn’t carry the mortgage?” Wittenmyer says that people are conditioned to say “no,” and with this technique, the answer you want is “no,” but “no” means “yes.” This is a very non-threatening way to present your offer because all you are doing is just proposing a possibility, not making an offer.

I don’t consider myself an expert in negotiating, like Donald Trump.

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However, I do know that if you offend the seller in any way, he will not sell to you even if you make a good offer. If the seller’s pride is offended by an offhand comment like “this house is worn out and needs a lot of work,” you have just criticized a place he has lived in and maintained the best he could for the last 20 years. You can forget about buying that house.

I still remember a disparaging comment that someone make about a house that I was selling in 2002. I overheard a guy tell his wife “this one is a loser.” Steam came out my ears. Having spent the last 8 weeks fixing that house up, I thought it was in pretty good shape, so I took his comment personally. You don’t easily forget it when someone offends you (whether real or imagined).

The “suppose that” technique is a perfect fit with the Lt. Columbo, “and just one more question” technique that Fixer Jay DeCima described in an earlier post.

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