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Real Estate Rookie Podcast Episode Summary
Episode Title
This is How “Hard Money” Loans Work (Banks for Investors) (Rookie Reply)
Episode Overview In this episode of the Real Estate Rookie podcast, hosts Ashley Kehr and Tony J. Robinson address questions from the BiggerPockets community. The discussions center on competitive offers in real estate, long-distance investing, and best practices for partnerships, particularly in the context of rookie investors exploring their first deals.
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Key Topics Discussed
- Competitive Offers in Real Estate
- Understanding Losing Offers:
- An inquiry from a listener about losing a first deal introduces the idea that losing is not always about failure but can be a learning experience.
- Importance of framing losses positively as motivational pushes for future endeavors.
- Making Offers More Competitive:
- Purchase Price: Offering more money can sometimes secure a deal.
- Speed of Closing: A quick closing can attract sellers, even at a lower price.
- Contingencies: Fewer contingencies can make an offer more appealing.
- Earnest Money Deposit (EMD): A larger EMD can demonstrate serious intent to buy.
- Flexibility with Sellers: Understanding sellers' needs can help tailor offers (e.g., allowing them to leave junk behind).
- Inspection Considerations: It’s crucial for rookie investors to maintain inspections while making offers competitive by not asking for repairs after the inspection.
- Hard Money Lending
- Understanding Hard Money Loans:
- Discussion on the terms typically offered by hard money lenders, focusing on the concepts of ARV (After Repair Value) and percentage funding (commonly 90% of costs or 65% of ARV).
- The importance of having "skin in the game" for lenders to mitigate risk.
- Personal Experiences with Hard Money Lenders:
- Tony shares his experiences with hard money lending, highlighting challenges faced during the process.
- Ashley recounts her struggles with a hard money lender and the significance of asking the right questions before engaging.
- Long-Distance Investing
- Pros and Cons:
- An inquiry about off-market deals reveals complexities involved in long-distance investing, including travel costs and the necessity of local knowledge.
- Importance of analyzing travel and management costs when considering properties outside local markets.
- Evaluating Markets:
- Advice on analyzing new markets, including job demand, population growth, and price-to-rent ratios.
- Travel considerations should factor into potential investments, stressing the need for due diligence.
- Partnership Best Practices
- Creating Partnership Contracts:
- A listener’s question about drafting a partnership agreement with family members emphasizes the need for clear roles and responsibilities.
- Discussing the necessity of having written agreements to outline processes for various scenarios (e.g., buyouts, disputes).
- Preventative Measures:
- Regular alignment meetings to ensure all partners are on the same page.
- Importance of discussing expectations and responsibilities upfront to avoid conflicts later.
- Legal Considerations:
- The hosts recommend consulting legal professionals to draft or review partnership agreements, ensuring that all parties are protected.
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Key Takeaways
- Learning from Failures: Losing a deal can serve as a critical learning opportunity rather than a setback.
- Competitive Offers: Understand various strategies to enhance the attractiveness of real estate offers, including price increases, quicker closings, and fewer contingencies.
- Navigating Hard Money Loans: Familiarize oneself with the terms and implications of hard money lending; due diligence is crucial.
- Local vs. Long-Distance Investing: Weigh the benefits of local investments against potential opportunities in other markets, factoring in all associated costs.
- Effective Partnerships: Clear communication, defined roles, and legal agreements can mitigate conflicts in real estate partnerships.
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This episode serves as a valuable resource for rookie real estate investors, providing practical advice and insights into making informed decisions in their investment journeys.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Transcript
Automatic transcript. May contain errors.0:00What if losing your very first deal isn't the end of your investing journey, but the push you need to win the next one. And what if the perfect market you're searching for is the one that forces you to make a tough choice? Travel to chase cash flow or settle for lower returns in your own backyard? Today, we're answering these questions and breaking down what every rookie needs to know before signing up for their first BRRRR partnership contract.
0:29This is the Real Estate Rookie Podcast. I'm Ashley Kerr. And I'm Tony J. Robinson. And with that, let's get into today's first question. Our first question today comes from Jeremy, and he says, A few days ago, I lost my first real estate deal. The property had offers from both investors and families who were going to reside in the property. The bank chose the family over investors. I put in an application with RCN Capital for funding on the property. I'm curious as to how someone gets close to 100 % of the ARV for the rehab and all of the other costs. Is that realistic? RCN referred me to another Harmony lender who also gave me the scoop that typically they only fund deals at either 90 % of the value or 65 % of the ARV, whichever is less.
1:10To give some numbers on this deal, he's projecting the ARV to be$150 ,000, but that would leave him with a pretty large gap for rehab, which is, he says, about$25 ,000 approximately. So his question is, on my next deal, can you get some advice on how to approach this? So Ash, there's really, I feel like, two different questions baked into this one question, right? There's one side where it's just questions about hard money lending and best practices there. But the other part of his question and like the title was that he lost, quote unquote, lost a deal. And how can you maybe be more competitive?
1:43So let's maybe attack those two things separately. I think the first thing that I call out is that he says that he lost the deal, but he didn't really lose the deal. It's not like he had it under contract and like something fell apart. He just got outbid by someone else. Right. Well, and it says the bank chose the family over the investors. So like, was this a foreclosure property, too? which which makes me curious because usually I feel like a bank is just non-emotional and just picks the highest but also this could have been a hud house where sometimes there will be a provision where it has to be only someone who's actually going to live their primary residence they have x amount of days to put in offers and then that could be and then it could go to investors and it could have been they got a high enough offer from someone who is actually going to live there as their primary residence.
2:40Yeah. And just to add to what Ashley's saying, so HUD offer, they have like auctions for homes that they've repossessed, foreclosed on, whatever it may be. And you can literally go to like the HUD website. I just Googled HUD auctions and I'm on the website, homes for sale, right? A bunch of single family homes all across the country. So if you guys are ever looking for auction type properties, it is a place to go. But yeah, So it is, I think, a different way of phrasing it. I don't know if you lost on your first deal. But I think we can just maybe briefly cover, Ashley, what are some things that a rookie can do to make their offer more competitive, right?
3:15Because I think that's maybe the crux of this question here, like what he's really trying to get at. And we talked about this before, but there are a few levers that you as the buyer have to make your offer more competitive. You have the purchase price, right? Which is the first thing that comes to mind for most people. sometimes just offering more money, tends to get the deal done. You have speed. How quickly can you close? Sometimes sellers will take a discount on price if it means they can close tomorrow versus a larger price or a higher price that closes in 30 days. So you have speed. You have contingencies.
3:53If someone offers a higher price, but it's loaded with a bunch of contingencies that can make the deal fall apart, there's less certainty there. If you go with no contingencies at the other end of the spectrum, there's more certainty that you'll close. And I think maybe the other piece too is just like your earnest money deposit that could tie into creating more certainty for the seller. If you have a larger EMD, it shows you're a little bit more serious versus a smaller EMD. Maybe someone's like, okay, I'm fine losing 500 bucks versus$10 ,000, right? So those are some things you can focus on to maybe make your deal or your offer more competitive.
4:25Would you add anything to that, Ash? Yeah. The one thing I would add is to like the speed to close, like saying you can close quickly, but also being flexible. So like maybe it is, you know, not in the example of this being a foreclosure property, but maybe it is a family and they're building a new house and their house isn't going to be ready right away, giving the flexibility to close when it's convenient for them. So maybe they want to have it under contract and, you know, to get their contingency removed done purchasing another house, but they want to be able to stay in their house until their new one is done.
5:01So they don't have to pay for a short-term rental, live in a hotel or whatever. So that could also be something if you're able to find out, you know, information about the seller as to why they're selling, what they're doing, what their plans are for the money too. The other thing I thought of was their junk. Leave it. They can leave it. You will take care of it. And this works great for like estate sales or, you know, someone's going into some kind of senior living or, you know, maybe it was a hoarder house and they're just starting fresh. Those are things that it works great to offer that as in like the family doesn't need to do anything else.
5:40You will take care of it. You will unload all of, unload everything and get rid of it. They can take what they want. The rest they can leave. You'll take care of it. That is a huge burden off someone's shoulders. It may seem like it's not a big deal to rent a dumpster and go and throw it out, but oftentimes that's the last thing anybody wants to do, especially after maybe they just lost a loved one and they're selling the property. The next thing is even though you're saying basically I'll take care of everything, leave it, as a rookie investor, especially in today's market, one thing I would not skip is to do the inspection, especially if you have no knowledge or you're not confident in what needs to be done for repairs, still have the inspection done.
6:28And one way you could do it to be competitive is to say that you're not going to ask for anything with the inspection. You just want to make sure that it's going, what you're estimating is going to be correct. So you could say, I'm not going to ask for a price reduction. I just want to make sure that my numbers are correct in what I'm running. So basically it's, it's only there for if you're going to, you know, go forward with the deal. So that does, you know, limit your offer is because you're basically saying, I'm going to back out of the deal. If there's more repairs that need to be done than I essentially thought.
7:06Um, so that can be a negative against you, But I think definitely in this market, you have more wiggle room to add an inspection into your property because I would rather you lose out on a deal than go into a deal that needs way more than you expected. And now you're underwater on your property and over your head and don't have the money to completely finish this property. Couldn't agree more. I know when rates were super low and the market was going crazy, there were a lot of folks just waiving everything. And if you're an experienced investor who's sold a bunch of homes or rehabbed a bunch of stuff in that market, you know it really well.
7:47Yeah, or you're a contractor. Yeah, you're a contractor. But if you're a first-time rookie investor, couldn't agree more. The second part of that question was about the terms that hard money lenders offer. and I think what was discussed here is in line with what a lot of hard money lenders offer. Typically, what you'll see with hard money folks is that they want you as the buyer to have, quote unquote, skin in the game. And the amount of skin relates to how much money you're putting into the deal yourselves, right? Because for them, it's like, hey, if you have nothing in the deal, that's a little bit more risky for us because what incentive do you have to really see this thing through?
8:23But if you've put some money into it, then there's the likelihood or the likelihood increases that you actually want to see this deal through. Every hard money lender varies. And I think oftentimes you'll get different terms based on your skillset. So you'll see hard money lenders quote rookies, complete newbies, one rate, one term sheet, and they'll quote more experienced investors, a different rate, a different term sheet. But typically, they're looking at two things. There's the cost of the deal, right? So your acquisition plus the rehab. and then there's the ARV, right? Like what the property will be worth afterwards.
9:02And he kind of alluded to it in the initial part of his question, but a lot of times they'll look at those, they'll look at those two things and help. And sorry, a lot of times they'll look at both of those things and use to come up with the terms they'll offer to you. So it could be, hey, we'll give you, uh, you know, 90 % of your cost. So if you're buying a property for$100 ,000 and you're spending another$100 ,000 in rehab, your total cost is$200 ,000. They'll say, hey, we'll give you 90 % of your total cost. So they'll give you 90 % of 200 or$180 ,000. That means you're coming up with the other$20 ,000 to get this deal done, right?
9:37That's one way to look at it. They might say, oh, we'll give you 65 % of your after repair value, right? So on that same deal, say that you were all in for 200 and it's worth 300 afterwards, words, whatever 300 times 65 % is. Can't do that math fast enough today. That's what they'll give you there. So those are the two different ways I've seen heart money lenders approach their terms. So I think what he said is pretty in line. Now, I have actually, I've gotten quotes from heart money lenders. I've talked to them before, but I've never actually used one. I've been more of a private money guy or traditional bank financing.
10:10Ash, I know you've used private money at least once or twice before. How do those terms compare to what you've seen? It was the worst experience of my life. I will say that. I used one hard money lender and I did it for, I was supposed to do three deals with them. And then I ended up just paying cash for one of the deals because the process was just so awful. Part of it was my fault for not asking the right questions and for not being fully aware of what the process is and what the fees are. So that was a big mistake on my part, but I did it as I actually did a line of credit with a hard money lender.
10:52And just to have the line of credit and have the money up front, there was a one and a half percent point paid. So one and a half percent of whatever the line of credit was. And then the line of credit was available, but it worked very, very differently than like if my other lines of credit that I just have at the bank. I would be able to get 80 % of the purchase price of the property, 100 % of the rehab that it would need. But I'd have to present to them the property they would do. They would want an appraisal on each of the properties, which isn't always common for hard money lenders, is wanting an appraisal on the property.
11:38So they did an appraisal. And then also I had to submit all my contractor bids to them, my scope of work to them for the rehab, which is common. And then after that, once the project was done, I had to refinance with them. If I didn't refinance with them, I had to pay another penalty. One thing I didn't know was that they will only refinance when you have five properties. So I didn't want to keep paying this. I think it was at the time 10 % interest and wait until I had two more properties with them to actually go and refinance because they wanted you to keep those on the line of credit. And so I actually paid the fee to get out of them and went and refinanced with another bank for a way better interest rate.
12:28So I definitely did not ask enough questions. And it was even my one closing the title. They didn't understand how title works in New York. And we were supposed to close on a Friday. I ended up having to hire a title attorney to try to mediate the situation. And finally, by Monday, we were able to close with a, we told you so, you can't do that here. but still that ended up costing me more money that obviously the hard money lender didn't pay. I had to pay out of pocket to hire that title attorney to basically tell them what to do. And one question I had asked, and they said, yes, we do, is do you work with properties in New York?
13:14And they said, yes, we have done properties there, a ton of them or whatever. But when it came down to it, they did not even know how to close. So I think more specific questions should have been asked and, you know, who actually deals with that. One thing I didn't like also was that there wasn't one central contact person. It was, OK, you're this person for that, this person for this. And it was just too many, you know, hands in the pot where one person couldn't answer questions for me or one person wasn't like my advocate or my representative or, you know. So I really had a bad experience with it.
13:54But that was also a nationwide hard money lender where maybe if you get somebody more local and more, you know, maybe they only operate in two or three states or something like that where they're very niche and specific and knowing how to actually close on a property. But in New York State, it is completely different than a lot of other states do. I have a lender who works in every state except for New York State. Yeah. Every time I see him, I ask him, like, are you guys in New York yet? Nope, nope. even my one private money lender he's not from new york and he always says like oh the new york okay fine one more i'll do new york is tricky but i think you bring up a good point ash of just asking more questions because every hard money lender does operate differently um so for all the rookies that are listening i if you do want to go the hard money route it would definitely be in your best interest to talk to multiple different lenders nationwide regional, local, because each person or each company is going to have a slightly different flavor of how they do it.
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15:32If you want to do the same, visit biggerpockets.com slash retirement to learn more. Okay, we're going to shift gears for a minute to cover something important, especially for new landlords. The shows often talk about getting stuck doing everything ourselves and the cost of sweat equity. The key question is simple. Is my time better spent elsewhere? I use a tool that cuts down on a lot of landlord hassles. And the wild part is, it's just$12 a month. It handles rental screenings, rent collection, maintenance requests, and accounting. All in one platform via a mobile app or desktop. It saves me time in tenant communication and keeps me organized for tax season.
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16:38Vacancy periods, rehabs, short-term rentals, or LLC-held properties. These gaps surface only when filing claims. That's why investors work with NREG. They specialize exclusively in real estate investors, understanding portfolios, risk at scale, and cash flow protection. One claim can erase years of returns. If you own a rental property, don't assume you're covered. Have NREG review your insurance with someone who gets investing at nreg.com slash bppod. That's n-r-e-i-g dot com slash bppod. Hey guys, it's Ashley. I wanted to pop in here real quick to tell you that managing rentals shouldn't be stressful.
17:11That's why landlords love RentReady. Get your rent in your account just two days. Faster cash flow, less waiting. Need to message a tenant? Chat instantly in-app. No more lost emails or texts. Plus, schedule maintenance repairs with just a few taps. No more phone tag. Ready to simplify your rentals? Get six months of rent ready for just$1 using promo code BP2025. Sign up at the link in the bio because new landlords are loving rent ready. We are here with our second question. So this question comes from Craig in the BP Forums. I'm in Central Valley, California. I've been looking for a deal on and off-market.
17:54The off-market deals are really hard to find. And whenever I do find something and I work my numbers, I can never follow the 1 % rule. I've looked all over the county for deals and find them in a decent amount. But by the time I factor cost of travel to check them out, difficulty of doing reno because I'd I have to drive there with my tools and paying a property management company and also lack of knowledge of the new area. My profits seem to be eaten up. My question is, do I just purchase local since I don't have to pay property management and can do the work myself or out of market and just pay the travel expenses, et cetera?
18:30How do you research a new area you've never been to before? How often do you travel to check out the property? If you travel, how long do you generally give yourself to check out deals, how can you find a reputable agent out of market? Thanks in advance. Okay. First of all, Craig, I really have to commend you for analyzing your deals, factoring in a cost that no one ever does. No one ever adds in their time or their travel to the property. And so just right away, congrats on even considering that because that does add up to what your actual profit is on the deal, the property. The next thing I'll say is don't follow the 1 % rule hard and fast.
19:14Any property, maybe two properties that I've had have exceeded the 1 % rule. Like one was 3.5%, these two or three properties that I've had. And it's like, wow, those must be great properties. No, because they don't fit the 50 % rule because their property taxes are so high that my expenses are way more than 50%. So don't get caught up that just because a property doesn't meet the 1 % rule, that it doesn't mean it's a good deal because it still possibly could be a great deal. You just have to look at all of the metrics, all of the numbers, and not just the 1 % rule. And just to define the 1 % rule, it basically states that as a quick back of the napkin way to check a deal, the purchase price should be represented as 1%.
20:05Sorry. The rent should be 1 % of your purchase price. So if you buy a home for$100 ,000, 1 % of that is$1 ,000. So it should rent for at least$1 ,000 every month. And I think that is getting harder to come by in many markets and probably even more so in a high cost of living area like California. So there's a few questions in Craig's question here, right? So do I just purchase local? That way he can take care of it himself. How do you research a new area? How do you build a team? How long do you travel? There's a few things here. Maybe the first thing we can answer, Ash, is just local versus out of state.
20:46I say this all the time, but I think that decision comes down to what your motivations are for investing in real estate, Craig. I was actually talking to someone yesterday who's looking to get into short-term rentals, and they're a pilot. And he loves being a pilot, doesn't ever want to stop being a pilot until it's time for him to retire. But he's looking to invest in short-term rentals just as a way to diversify his retirement portfolio. Right now, it's all in – he's got, I think, one or two long-term rentals and mostly in the stock market. He's like, I just want some other diversification. Tax benefits are great, but I don't want to quit my job.
21:18I don't even need the cash flow. That is a very different perspective than like me, when I really got started and I lost my job and it's like, we need cash flow today. So I think the motivation that you have to get into real estate investing will dictate whether or not staying local in California makes sense or going to a higher cash flow market makes more cents. If you love what you do and you don't have any plans of leaving and you don't need the cash flow today and you're just looking to diversify, who cares about the 1 % rule? As long as you're net positive, right? With some level of margin, I wouldn't want you to be like zero net profit, but some amount of net profit on an annual basis.
21:57And you're able to invest in a market that's going to, if history repeats itself, continue to appreciate rapidly in comparison to the rest of the market, especially some of these higher cash flow markets, then yeah, staying in your local area could be a fantastic idea. But if you are more focused on cashflow and trying to build that, you know, those multiple streams of income today, then I think that's where going to the other markets might make sense. Well, Tony, I think to the point too, is like, you know, you read the book on out-of-state investing or talk about out-of-state investing. Everyone says like you should be able to do a deal without ever having to go there.
22:30But I think what you and I have kind of learned over the years from guests being on and also you investing out-of-state is at, you know, what's a plane ticket to go to your property? And like, I love that Craig would incorporate the travel costs to going wherever, because if you're buying a$500 ,000 property as your investment, you can buy a$500 plane ticket as part of your due diligence, work that into the cost of the purchase price of the property if you want. But, and you should, I, more and more, I believe that definitely when you're purchasing the property, if you don't have somebody trusted there that can walk through the property and is knowledgeable about the property, then you need to go and be your own boots on the ground.
23:14I would not personally rely on just the real estate agent to be the person to say, yes, this is a great deal. No offense to the real estate agent, but I don't know what their motive is. Is their motive just to close the deal? Is it to really establish a long-term working relationship with me? I don't know. So that wouldn't be like, my trusted resource, somebody who already has a benefit from the property being sold. Tony, even you, you went out to Oklahoma to look at properties in person. You have the knowledge and experience to know what a good dealer is or not, but you still took the time to be the boots on the ground.
23:55And what did the plane ticket cost you to go and do that? It was probably like a couple hundred bucks. I ended up paying for it with points. So I think it was free for me to go technically. But yeah, had I not used points, it would have been a couple hundred bucks for me to you're out there. And I think if you're thinking that's a lot of money for me, then I think you need to evaluate as in, okay, you need to have that amount of money saved, just like you save for a down payment, just like you save for reserves is, okay, I need to know that if I'm going to invest out of state, I need to have those travel costs saved.
24:27So the flight, the hotel to actually go in and check out the market, if you don't have that person, that's the boots on the ground. You can 100 % definitely purchase a property without ever seeing it. Even if it lives, you know, in the, the, the property lives right next to you, you still could buy it without ever going to do it. But I think especially a rookie, just starting out, being able to put your own eyes on it, I think it's a benefit in the area too. So as far as the travel costs of like going to the properties, Tony, how often do you actually travel to the Smoky Mountains or Joshua Tree to see your properties?
25:07Yeah. I mean, ideally for us, it's slowed down a little bit since we've added a bunch of kids over the last couple of years. But previously, we were trying to get out there probably twice a year. Recently, it's probably been about once a year that we go through and check on the properties where we have to travel. Same for the hotel. I've gotten into the hotel about once, a little bit more than once a year, maybe once every like eight months or so. So it's not, you know, I'm not going out there like six times a year, right? It's really just to go there, see where maybe some things are that my team has missed that me as the owner would recognize.
25:39So it's not super frequent that you need to go out there. I think the bigger thing is like if you do decide to go out of state, you know, because he asked like, how do I know which state or which market to go into? How do I know what a good market is versus what a good market isn't. And I think maybe spending more time there first, as opposed to just like hopping on a plane and going and trying to see it. I think there's a lot of legwork you can do before you actually get on that plane to give you a good sense of, you know, is this market actually going to work out for me or not? And again, depending on your goals, there are different things you can look at, but let's say that it's just cashflow.
Read the full transcript
26:18Okay. Well, obviously you want to look at prices, rent, price to rent ratio. You want to look at job demand. Are big job options and opportunities there? Is the population growing or shrinking? Those are probably the key metrics that we want to focus on to say, does this market actually make sense for me to go in and buy a property and rent it out on a long-term basis? So there's no magic bullet, I think. And it's just doing the work of digging into the research. For all of you that are listening, this is before I even became the host on the podcast. But if you go to the Real Estate Rookie Facebook group and you search my name, one of the first posts that I did in there, it was me while I was trying to figure out what market to do research in.
27:07And I had this massive spreadsheet with a bunch of different MSAs that I had put together with a bunch of different data in there. The data is stale now because that was, what, seven years ago, or six years ago maybe. But the point is you can see the data that I was looking at to try and decide on which markets I should be investing into. So again, just go to the Real Estate Rookie Facebook group, type my name, and that should pop up as well. And then last piece here, he does ask, how can you find a reputable agent? I think that is one of the challenges for new investors, but BiggerPockets has the agent finder.
27:37So if you go to biggerpockets.com slash agent finder, you'll be able to find investor-friendly agents. Many of these folks are investors themselves. They know what it means to be an investor, and you can get connected with them. Ash mentioned the trip that I took to OKC earlier, and the agent that showed me around, shout out to Laura, found her through the BiggerPockets agent finder. So I think it's a great resource for most rookies if you're looking for an agent in a new market. All right, we're going to take our last break before this next question. But while we're gone, be sure to subscribe to the Real Estate Ricky YouTube channel.
28:10You can find us at Real Estate Ricky, and we will be back with more right after this. People love to call real estate passive income, which is interesting because most of the investors I know are very busy. Busy finding deals, busy managing teams, busy worrying they picked the wrong market. Rent to retirement flips that model. They help investors buy turnkey new construction homes, often 10 % below market value in top rental markets across the country. Their local teams handle the build, the property management, and the details so you don't have to. In some cases, investors even receive 50 to 75 % of their down payment back at closing, and their interest rates as low as 3.75%.
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31:05So no more chasing papers for tax returns or personal income statements. Think about it. A lender that values your property's worth over your paycheck? That's the Host Financial difference. Approved in 47 states, they are ready to help you make your next big move. Curious if you qualify? Just head over to hostfinancial.com and find out. Stop letting outdated lending practices hold you back. That's hostfinancial.com, where your property's potential meets unlimited financing. All right, let's jump back in with our last question. This one comes from Dustin. Dustin says, does anyone have experience with partner contracts?
31:38Hoping to get something in writing between my brother and stepfather as we begin our first BRRRR purchase. We have verbally agreed to what each of us will do, but working with family doesn't always go as planned, just want to protect ourselves. Dustin, Dustin, Dustin, great. question and we applaud you for thinking about this before you jump into it. I think working with family can be challenging. Working with family can be rewarding. And I've met investors who've seen both sides of that coin. But I think a lot of it comes down to your ability and you, your brother and your stepfather's ability to have the difficult conversations up front, beforehand, before they're necessary, get it all written down and memorialized.
32:26So that way you can never have to think about it again. I think that's the biggest thing. So luckily, Ashley and I have written a book. We've co-authored a book called Real Estate Partnerships. If you head over to biggerpox.com slash partnerships, you can pick up a copy of that. But in there, we go through all the details of what a good partnership looks like and what you should be focusing on and how to make it work. But at a high level, it's just have all those difficult conversations. What happens if someone's sucking at their job? What happens if one of us passes away or dies? What happens if one of us just wants out?
32:57What happens if we end up hating each other? What happens if the property or the deal doesn't pan out the way that we wanted to? What happens if we need to put more money in? What happens if one of us runs out of money? What happens if one of us goes bankrupt? What happens if one of us gets a divorce? What happens if the sky turns to fire? Whatever you can think of. all of those scenarios are, I think, what you want to put into there and then just have a clear division of labor and responsibilities. So that will be my first start. Ash, what's your take? Yeah. And I think really the hard part is, okay, if you are saying what everybody's role and responsibility is or even a lot of the things you mentioned, but what happens if somebody doesn't go along with that?
33:37I think that is the bigger issue. You can put all these things in as what What happens if someone wants out? Well, what if the other person can't buy them out? What happens if somebody isn't doing their job? What happens if somebody gets divorced? What happens if there is a complication, whether it's stated or not? How is it handled? Because yes, everything could be in the contract as it is. But at the end of the day, you really need to ask yourself if you, your brother, and your stepdad are actually going to go to court over this. if one of these things are violated or aren't going along, will you actually go to court over it?
34:19And I think like thinking big picture, are there other, like what exactly can we state in here that will even prevent us from having to go to court? As in, is there some way we can do this where if we have, you know, a decision and it's a, you know, if there's three of you, I think it's easier because then you have the tiebreaker. But I have seen in some circumstances like small business owners having an advisory board where if there are the two owners or they don't agree, it actually goes to the advisory board and they have given the final decision to the advisory board to prevent further disagreement between them that ultimately it's not up to them.
35:10It's, you know, there's five people who are on the advisory board and they get the ultimate say. And then it's not one person has more power than the other, but they're still both the owners. So I think having, you know, not only thinking of the situations as to what will happen if this happens. Ultimately, if someone needs to step away, how do we buy them out? You know, what happens in that scenario if they need to get out of it? And it could be for a multiple of reasons. Is the plan to go and refinance? Is the plan everybody's just going to save up money so if someone wants to leave, they can leave?
35:48Is it if one person wants out, you're going to sell all the properties? So I think really figuring out what those scenarios could be. Then the next step is what is the plan if those happen? And then the third thing is, is there something else that you could do to resolve something if not going to court about it? And like the biggest one I think of is me and Tony are in a partnership. I say I'm going to do the bookkeeping. He says he's going to do the maintenance. all of a sudden he finds out it's tax time and I haven't documented a single check. I don't even know where the receipts are, anything like that.
36:26And it's been a full year now. No bookkeeping has been done. What is the action that would actually happen? Is it Tony suing me as his partner for not doing my job? And it says in the contract. So I think what are other things you can do to kind of be proactive, as in we are having a quarterly meeting where everybody is presenting what they've done, what is happening with their report, submitting the report. Tony sends in, here's all the maintenance requests I did. Here's the issues that are still outstanding. Here's what improvements we need that are coming up. And here's me presenting the financial statement.
37:07So I think along those lines too are what have the preventative proactive measures you can do too. and our good friend, Steve Rosenberg, always recommends. What does he call those meetings? Like at the end of the year with your partners to make sure you're on the same page still? I don't know. You and Tony and Omar had, or you Tony and Omar, you and Sarah and Omar. Like alignment meetings? Yes, alignment meetings. Oh, okay. Alignment meetings to make sure you're all on the same page. And Steve always says too, like incorporate your spouses, like bring them into the meetings because they have a big impact on each of your partner's lives too.
37:47So yeah, I think like not only putting everything in the contract, but also being proactive so it doesn't come to the point in time where you're taking your brother to court. And I think the alignment meetings are big too. And I'm glad you mentioned that because you can also just kind of see if over time, because people change and their desires change, what they want in life changes. And if you can align on a regular basis, I think it does help keep the health of the partnership high, or at least give you guys visibility or insights into, okay, maybe this partnership isn't serving us the way that it was in the past.
38:22And does it make sense for us to continue this partnership? So having those alignment meetings and just saying, like, hey, where are we going? What's next? What are the goals? What are our challenges? How do we want to attack these things? Can keep you guys on the same path. And I think the last thing I'd add is as you think about division of responsibilities, there are a few ways you can tackle that. One way is, hey, if I'm doing maintenance, I'm going to get paid an hourly wage for maintenance. Or if I'm doing property management, I'm going to get a percentage of the revenue for property management.
38:53That's one way you can do it where you can actually get compensated for your time. The other way is just that the duties you agree to are given to you or or you're doing them in exchange for your equity in the deal. Like, hey, Ash and I split a deal 50-50. We both put up half the cash. My duties and responsibilities represent my 50 % ownership, and that's what I'm doing to maintain the deal. And Ashley's duties and responsibilities represent her 50 % and what she's doing to maintain the deal. So just know there are different ways. There's no right or wrong answer. It really just comes down to what you and your partners agree and feel is right.
39:27But I think it is important to clarify compensation within the partnership because that can obviously be a sticking point where you jump in saying, I'm going to manage it. And you're assuming you're going to get some percentage of revenue. Your partner's thinking, oh, great. Ashley's going to manage this thing for free because we're partners on this deal. And then that's where conflict comes out. So just clarity on compensation, I think, is big as well. And then the last piece of this to add is just, even if you get a sample of a contract from somebody just to like think about things, I would still have it run by an attorney or have an attorney create it for you.
40:00It's not going to be that expensive. They have, they do this all the time and have basically templates that they already have put together. And then they're asking you the right questions to actually fill them out for you personally. So I would definitely seek an attorney to have them fill it out for you. Okay, well, thank you guys so much for joining us today on Real Estate Rookie. This has been a Rookie Reply. I'm Ashley. He's Tony. And we'll see you guys on the next episode. Do you ever notice how every passive investment somehow turns into a very active lifestyle? Active spreadsheets, active phone calls, active stress.
40:37Here's a better question. What if you could buy brand new construction homes, 10 % below market value, in the best markets across the country, without making real estate your second job? That's exactly what rent to retirement does. They're a full-service, turnkey investment company handling everything for you. In some cases, investors get 50 % to 75 % of their down payment back at closing, plus interest rates as low as 3.75%. They've partnered with BiggerPockets for over a decade, helping thousands invest smarter. If you want to do the same, visit biggerpockets.com slash retirement to learn more.
41:11Hey, rookies. If you're watching this, we want you to apply to be a guest on the Real Estate Rookie Podcast. That's right. Ashley and I are looking for amazing stories just like yours to be a part of our Real Estate Rookie Podcast. Now look, you don't need to be an expert. You don't need to have done thousands of deals. Even if you've done one deal, your story could help inspire the next listener. As a rookie investor, especially if you just got your first deal, it is all fresh in your minds and you are the best person to tell your story, give your experience on how you got it done to help someone else get their first deal.
41:42So head over to biggerpockets.com slash guest if you want to be a part of our show. Again, that's biggerpockets.com slash guest, and we'd love to have you on.
From the publisher
Welcome to another Rookie Reply, where Ashley Kehr and Tony J. Robinson answer questions from the BiggerPockets Forums and Real Estate Rookie Facebook group.
This time, we’re covering questions like:
How to make your offers more competitive
When does long distance investing actually make sense?
Partnership best practices for reducing friction and increasing cash flow!
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Check out more resources from this show on BiggerPockets.com and https://www.biggerpockets.com/blog/rookie-628
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