Archive for May, 2010

Is Flipping Houses Illegal?

Monday, May 31st, 2010

Flipping houses is also regularly called wholesaling houses. Simply put, it means acquiring a property at a lower price and selling it for a higher price for profit.

Just like any other commodity, flipping houses is just buying low, then selling high. Due to the fact that real estate transactions can be complicated, the business of real estate investing is misunderstood. And of course, some real estate investors have not followed the law, hence ended up in trouble.

So is flipping houses legal?

First, do not take this article as legal advice; you should always consult your attorney. People who get into legal trouble in real estate investing usually break the law one way or the other.

First you need to understand what flipping houses means. Even though the definition above means buying low, then selling high, the details of the transaction can vary, leading to misunderstanding. We will examine each method and explore whether it is legal or not.

1)      Contract assignment

Contract assignment means you identify a house below market value, put it under contract, then assign that contract for a fee to a wholesale real estate investor or buyer.

In this case you do not actually sell the house, but you simply sell your right to buy the house to the wholesale buyer.

You collect an assignment fee at closing.

This is the simplest form of flipping houses. Note that you do not own the property at any time during the transaction, and you do not represent anyone in the transaction. You simply put the house under contract, and then sell your right to buy the property.

2)      Simultaneous closing

In this transaction you put a house under contract, identify a wholesale buyer, buy it, and then sell the house to your buyer.

Both transactions take place on the same closing table, one where you buy and one where you sell. So you actually own the house for a few minutes before you sell it.

There are two sets of closing costs and you walk home with the difference between your buying price and the selling price.

3)      Buying, fixing then selling

Even though this is not the typical description of flipping houses, some people buy a house, fix it then sell it on the open market for a profit.

There is nothing wrong with this, just buying low, improving the value then selling high.

What can go wrong in flipping houses?

1)      You represent someone without a license

Flipping houses does not involve representing a third party in the transaction. You either sell your right to buy the property, or you buy the property, and then sell it for a profit.

A real estate agent represents a buyer or seller in the transaction and walks away with a commission. For this, you need a license.

2)      Mortgage fraud

Of course it is illegal to commit mortgage fraud. No matter what type of transaction is involved this will certainly get you into trouble.

3)      Not telling it like it is

When buying houses from motivated sellers, it is crucial to be very clear and specifically let them know exactly how you are handling the sale. All they need to know is how much they are getting as per your agreement and when the deal will be closed.

I like to go a step further and let them know exactly how I’m handling the transaction, so if there is any delay, they understand the reason why.

As long as you are clear and never misrepresent anything, then you do not have anything to worry about.

Be sure to make your wor easier by running your real estate investing business from a real estate investing website that also automates your business.

Real Estate Investing – How To Flip Houses For Cash

Saturday, May 1st, 2010

Flipping houses usually refers to buying and selling houses. It really means wholesaling houses even though most people take it to mean buying, fixing and selling houses. Wholesaling houses involves buying houses below  market value, rehabbing them if they need repairs, then selling them for a profit.

We will concentrate on this meaning in this article.

Wholesaling houses is the quickest method to produce cash in real estate investing. It also needs the least amount of cash invested in the deal. Occasionally you can wholesale houses without using your own cash.

So what does it involve?

1) Identify cheap houses
The best source of cheap houses is motivated sellers. People with legal problems form the best source of cheap houses. These are people with inherited property, bad tenants, liens on their properties, divorcing and so on.

The easiest way is to send them letters or post cards. In my business, I send them 2 mail pieces a month apart. Each letter or post card prominently displays my real estate investing website URL as the main call to action. My phone number is less obvious. This way, I drive them to my real estate investor website which pre-sells for me.

Chances are the transactions I get are fully pre-screened and pre-negotiated so I need just a few minutes to tell whether it is a deal or not – then make an offer or move on.

Some people wholesale properties that have been foreclosed, but this is not the subject of this article.

2) Sign a contract to buy
As soon as you have identified a good deal whose figures look desirable, you must put it into contract. In each state, there are contracts regularly used by real estate agents, or you can get contracts that can be used countrywide. I prefer to use contracts mandated by our state real estate commission because they are more popular and most people, including title companies and sellers are more comfortable with them.

3) Begin title work
I generally take my contracts to my title company for title work to begin. You must ensure you buy and sell the house free of any liens. This is the work of the title company.  As an investor, you do not need to get too concerned about the technicalities involved. I prefer to let professionals do their work.

4) Identify buyer with cash
I prefer dealing with real cash in the bank. Cash transactions have few limitations and are better. Most real estate investors buying houses may have sold a house or have a line of credit for cash purchases.

Alternatively they have private money investors or get cash from hard money lenders.

Avoid buyers looking for traditional financing. Most loan companies will not lend on houses that need restoration and you could have seasoning issues, meaning you must hold the property for 6 months to 1 year before you can sell it.

5) Sign a contract to sell
The type of contract you sign depends on the amount of money in the deal. First, you must leave enough money in the deal for the real estate investor buyer. After all they will do rehab work.

If I stand to make less than $10,000 I prefer to do a contract assignment.

In contract assignment, you simply assign your contract to your real estate investor buyer. You assign the contract; you do not sell or assign the house. This is perfectly legal all over the country and you do not need a license for it. This contract is usually as little as 2 to 3 paragraphs.

In this case, the real estate investor buyer you wholesale the deal to closes the transaction, not you. You collect an assignment fee once the deal is closed.

If  I am making more than $10,00 or my profits are near or the same as the real estate investor I sell to, then I prefer to do a simultaneous closing, also called double closing. This involves buying the house from my motivated seller, then selling it to my real estate investor buyer.

In a double closing, you buy and sell on the same table, so it involves 2 transactions. In this case, you own the property for a few minutes before you sell it. Of course, you have to incur closing costs that you do not incur in contract assignment.

He  contract for simultaneous closing id just like the one to buy with a higher selling price and more favorable terms for you.

In either case, you must collect earnest money before you sign the contract. I always make sure the earnest money is non-refundable if they do not buy the house. You must make sure the contract expires before your contract to buy and the property reverts back to you.

6) Collect your cash
You must make ensure follow the transaction process until the deal is closed. You collect your check from the title company when the  transaction is completed. It is therefore in your best interest to make sure you close any loose ends and make sure the deal does not fall between your fingers.

How must money must you have to flip houses?
When you sign your contract with the buyer, you may have to put up earnest money, usually between $100 to $500. There is no contract without earnest money. When I sign the contract to sell, I collect an earnest money check which is deposited with the title company.

In simultaneous closing, the first transaction can be closed with cash from your investor buyer so you may not need to use your own money. If your buyer source of funds does not allow you to use his money to close the first transaction, then you might need to get transactional funding to a few points to close the first transaction before you can sell.

When all is said and done, the checks you collect from flipping houses will be easy and fast. You can close a few houses a month.