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Changes to Google Privacy Policy and Terms of Service
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Nothing Down V: THE real estate property
5. THE real estate property
The fifth source of down payment capital is the real estate property itself. The real estate investor who is on his toes learns to recognize aspects of a given real estate property that might be sold off to raise funds for the purchase. The variations are endless - everything from fixtures to parts of the land itself. There are two techniques that belong to this category.
Technique No. 22 Splitting Off Furniture and Other Items
Two years ago, one of the Nothing Down graduates in Florida was $5.000 short of funds needed to purchase an option on a valuable tract of land near Orlando. While wandering over the real estate property one day pondering how he might come up with the necessary capital, he noticed a large area overgrown with beautiful ferns of the type one finds offered for sale in florists shops. Since problems often lead to creative solutions, he put two and two together and arranged to split off the ferns to raise enough money to bring the deal together. Today, the real estate property is being developed into a multi-million dollar recreational park all because of a patch of ferns - and a creative mind.
Technique No. 23 Splitting Off Part of the real estate property
In some cases a given real estate property is structured so that parts of it - extra lots or individual buildings - can be split off and sold to raise funds for the acquisition. Here is how it worked recently for an investor we know in West Bend, Wisconsin. He had located an attractive single family home on a large lot with a package price of $99,000. Since he needed to come up with a hefty down payment - he resurveyed the real estate property and established two lots on either side of the house. By the time of closing one lot had sold for $15,000 and the other for $10,000. Contributing the bulk of the down payment to acquire the real estate property in the first place. It was all taken care of in a simultaneous closing.
Nothing Down IV: THE RENTERS
4. THE RENTERS
In nearly every real estate transaction involving rental real estate property, the renters are instrumental in helping the real estate investor with the down payment. Of course, they are not aware of it. And few real estate investors are conscious ahead of time of how important the role of rents and deposits is to their success in reducing the cash down payment.
Technique No. 20 Rents
Since rents are paid in advance, a real estate investor who closes on the first of the month when rents are due stands to receive the gross rental income for that month. The first mortgage payment is generally not due until thirty days after closing so the real estate investor has a thirty-day breather. His immediate cash down payment obligation has therefore been offset by an amount equal to the rents.
Technique No. 21 Deposits
The situation with tenant security deposits is similar. It is not uncommon for the landlord to require the tenant to pay an amount equal to the first and last month's rent as a damage deposit. If a real estate property is sold, the deposits are passed along to the new real estate investor. Unless state law prohibits the commingling of deposit funds with the rental accounts, the real estate investor can effectively use the deposit funds given to him at closing as an offset to the cash down payment obligation. Of course, when a tenant moves out, all or part of the deposit must be returned. If the new real estate investor is a wise manager, he will require a buffer period before returning the deposit. This will give him some protection against the possibility that the tenant may have neglected to pay some bills and will allow him meanwhile to find a new tenant who can add to the deposit kitty.
Virtually every real estate transaction involving rental real estate property has the potential of providing access to these two techniques. For example, the real estate investor of a $325,000 mobile home park in Cheyenne, Wyoming was able to raise $8,000 of the $25,000 down payment from tenant rents and deposits in a recent transaction. We know of another case from our Los Angeles files where the real estate investor of a 72-unit apartment complex received $7,000 in rents and deposits at closing to apply to the transaction.
Nothing Down III: THE REALTOR
3. THE REALTOR
The third major source of down payment capital is the realtor. By convention, most people assume that the real estate commission for listed properties is a fixed cash element of a transaction and that a seller is responsible for paying it. In fact, the commission is not fixed in any of its dimensions: rate, form, or source.
Like almost anything else, the percentage rate for calculating the commission is negotiable. Indeed, there would be legal problems if the real estate industry were to publish uniform fixed rates. Moreover, there is nothing written dictating that one must pay a commission in cash and cash only. Of course, almost all real estate professionals would prefer cash. It makes a deal clean and tidy and allows one to buy bread for the family table.
However, most informed agents know that some transactions may involve commissions in the form of paper - promissory notes that may provide for monthly payments or a single payment balloon note at the end of an acceptable period. Generally the time involved does not exceed a year or two. Occasionally the commission may be in the form of a share of ownership, with cash emerging upon sale of the real estate property down the pike. Still other possibilities include commissions paid in personal real estate property. In Technique No. 14, the agent received a beautiful 0.81-carat diamond for his services. He was delighted, as are most agents who are shrewd enough to realize that a commission in an alternative form is better than no commission at all.
One of the important techniques available to the real estate investor who is interested in reducing the cash down payment for a deal is the technique of "Borrowing the Realtor's Commission" (No. 19). While it is true that according to current agency practice, the seller pays the commission, the real estate investor is at liberty to negotiate alternative arrangements with either the listing or selling agents (or both). If the real estate investor can induce the agents to defer the commission, the down payment can be reduced by the same amount because the seller's immediate obligation is relieved.
Who pays for the deferred commission in the final analysis? It is negotiable. If the real estate investor can strike a nothing down deal with the seller paying the commission over time, all the better. In many cases the real estate investor himself assumes the seller's obligation (Technique No. 11) and pays the deferred commission. Occasionally they share.
The whole point is that the flexibility of the realtor may be an important factor in whether the deal comes together. Since the commission is usually the largest cash obligation of the seller in a transaction, the power of this technique cannot be overestimated.
There are examples that illustrate how "Borrowing the Realtor's Commission" works in practice. In one Albuquerque transaction we heard of recently, the seller of an 8-plex arranged to pay $3,000 of the commission on a note, the balance being paid in the form of a real estate contract invested in the deal by the real estate investor's partner. The two notes not only constituted the entire commission, but the entire up front cash needs as well. In another deal, this time in St Petersburg, Florida, a 35-unit motel and restaurant were acquired using, among other approaches, the technique of borrowing $30,000 in commissions ($15,000 in the form of a personal unsecured note signed by the real estate investor, and $15,000 in the form of a third mortgage on the real estate investor's home). Similarly, a note for the commissions was instrumental in closing a deal on two duplexes acquired by an investor in Homestead, Florida. This technique is very frequently used. As a matter of fact, our research among the Robert Allen Nothing Down investors shows that as many as 20% of the transactions involve some degree of realtor carry back of commissions.
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