Category Archives: Legal Issues

Compliance Is Complicated, Costly and Necessary

As a professional real estate agent in the states of Kansas and Missouri I run in to compliance issues each and every day. With each new contract I write I hire a compliance coordinator to make sure that myself, my brokerage and my clients are protected by making sure all the i’s are dotted and the t’s are crossed.  Did you know there are over a hundred different ways to make a contract inaccurate and therefore subject to being voided and/or being fined by the state in authority?

Property Management is another compliance nightmare. With so many forms to sign and initial and monies to be tracked and traced, there is always something that can be missed if you don’t hire another set of eyes to take a look.  And, believe it or not, there may still be something that slips through.

With each new day the states seem to come up with yet another thing to ask for and to look out for.  We were just discussing and lamenting an new requirement by the state of Kansas the other day.

Why this matters to you?  Because you don’t want a contract voided or a fine paid, do you?  Well, maybe you don’t care about the fine that agent and brokerage has to pay.  But a contract being voided?  You wouldn’t care for that.

And if you are a do-it-yourself landlord you better understand compliance, and the seven protected classes, very thoroughly.  Miss a Lead Based Paint Addendum and see what that could bring you if the feds come snooping around.  Disclosure?  Make sure you disclose what you know.  And the seven protected classes?  I hear landlords brazenly say they don’t let “this or that” in to their houses.  Well, that’s a lawsuit just waiting to happen.

Compliance is necessary because of the ever increasingly litigious society we live in.  Nothing is ever anybody’s fault any more and the lawyers always go where the money is whether there is basis in fact or not.  (Usually it costs you more to win than to settle, and the lawyers know this.)  Property means assets.  The lawyers and their clients want what you have.  Learn to protect it.

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Fannie Mae is Run by Idiots

Okay.  So now Fannie Mae has decided that they won’t take the contracts I’ve submitted because my buyer signed them with DocuSign.  Never mind that the US Government, who subsidizes Fannie and Freddie to the tune of billions and billions of our damn money, says that electronic signatures are legal.

Who runs that place and what kind of idiots are they?

And while I’m ranting, why did HUD decide to cut commissions on real estate agents?   Were we making too much money selling crap-hole houses at discounted prices where we have to FedEx everything  at $35 a pop because they too, a branch of the US Gov, won’t take electronic signatures?

Trump would have made lousy President.  No doubt.  But maybe he would have fired all these people!

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LLCs and your Rental Property

I’ve long been apathetic about LLC protection for your investment property.  Not that I thought it was bad.  Rather I just carry huge umbrella policies…you know, just in case.  But maybe I’ve changed my mind?  In any case and regardless of what side of the LLC argument you sit on for your rental properties, here is a link I suggest you go and read.

Liability Protection for Real Estate Investors

Now I’m off to gather more tax information.  🙂

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Landlords Must Pay Tenant’s Bills? How About Their Driving, Too.

A couple posts back I did a short piece called Kansas City Real Estate Post Tax Credit and while the post it’s self was rather innocuous the comments were worth reading about the subject of landlords now being held responsible for bills usually under the purvey of tenants.  You know, for such luxuries as water and sewage.

So I started doing a little looking into it and decided not to say anything until what happened happened.  Seems there was a bit of a bro0-ha-ha about the fact that it had been passed and that landlords were responsible for the water bills whether or not the tenants paid them.  The illustrious City Council of Kansas City, Missouri had passed the ordinance without, of course, having read or been told about the provision in a much larger matter.  (Publicly elected officials not reading what they are voting for is an epidemic around this country.  These laws are written in hundreds if not thousands of pages and no one wants to read them.  Well, I’d say it’s part of your job…but that’s a whole other matter.)

Anywho, the Kansas City Star reports yesterday that KC changes water and sewer bill policy on rental dwellings.

Doesn’t anyone in the freaking country take responsibility for themselves anymore?  When did so many people become a bunch of little pansies?  And taxing?  Please, don’t even get me started.  We wouldn’t have to tax so much if people would just take responsibility for themselves.  (Editorial Note:  I am the father of a daughter with CP.  I, better than most of you, understand fully that some people will never be able to fully support themselves.  There are those who need our help and as a society we should feel morally obligated to do so.  So don’t throw the exception to the rule at me.)

The whole matter that landlords should somehow be responsible for the bills of others is absolutely ridiculous.  Apparently in Arizona this is already the case.  (See comments from the above listed blog post.)  Maybe we as landlords should also be responsible for the gas and electric.  Wait, then we should be responsible for how many cars drive on the roads in front of our rental houses.  Think I’m kidding?

Mission, Kansas considers road fee that would that would link properties, street use.  This too, from the Kansas City Star.  Imagine.

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Filed under Legal Issues, Misc. Real Estate, Real Estate Investing

Lead Based Paint Disclosures & Your Kansas City Rental Property

Just my yearly friendly reminder that if you are a landlord in Kansas City, or anywhere in the U.S. for that matter, you need to have a lead based paint disclosure signed by all your tenants if the home was built before 1978.

You can find all you need to know about the subject here:

http://www.hud.gov/offices/lead/enforcement/disclosure.cfm

And by the way…rock chalk!

NOTE:  After posting this I received an email from Kim Tucker over at MAREI regarding Lead Training.  She gave me the following link regarding Lead if you’d like to review:

http://www.mareinet.com/clubportal/EventDisplayNew.cfm?clubID=755&EventID=113382&mo=2&tDate={d%20%272010-02-11%27}

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Bad Advice Leads To Real Estate Investing Disaster

I remember years ago when a good acquaintance of mine used a better-buddy realtor friend to buy three fourplexes up in Kansas City, Kansas.  He followed a few simple mathematical formulas that he had learned (his Realtor buddy leading him all the way) and decided that not only would these properties pay for themselves but they would also kick-off cash flow.  After all, they were priced about $15,000-$20,000 under the available comps in the area.

Titanic sinking - mcaronNow, I have never, nor will I ever, advise a client of mine to buy investment property in this area of Kansas City, Kansas. The value of the investment property there was not realistic for KC rental property.  Way over-valued.  Crime is/was abundant.  Quality tenant?  No.  Housing voucher bums that float from apartment to apartment after dismantling the one they are in were plentiful.  (No.  Not everyone that uses a housing voucher is a bum. Just most of them in this area.)  And they weren’t in that great of repair, anyway.

Have I ever been in his units?  No.  I don’t need to.  I’ve seen others in the neighborhood.  He bought at $140,000.  Rents were about $525/mo.  Slam dunk, right?  NOOOOOOOOOOOOO!

He called me earlier this week.  He had comped the area (with the same agent he used before!) and said that the values were down to about $40,000 each in today’s market.  That’s $100,000 less than what he paid for each of the three four years ago.  Vacancy?  He’s currently half full.

He’s going to attempt a short sale and was seeking buyers.  What’s worse is his notes are held by Bank of America.  Now, Bank of America can get you loans.  They can even service them to a certain extent.  But when it comes to work-outs and short sales I cannot imagine a more incompetent bunch of case managers.  I mean, without a single exception, none of them understands what is going on and how long buyers will/will not wait around.

And there could be more trouble brewing.  What if he does get them short saled?  When does the statute of limitations end for BOA to come back in and try to recover their losses from the personal assets of this individual?  He has a nice income, an even nicer personal residence and other assets.  I like this guy.  I really do.  But it’s frustrating when I hear people choose to let the banks take the loss or share in the loss and hope to have no more responsibility.  If he had made $100,000 per unit would he have allowed anyone, BOA for instance, to share in the responsibility of the profits?

You simply must get professional advice before investing in real estate.  QUIT USING REALTORS THAT DON’T KNOW WHICH WAY IS NORTH ON A MAP REGARDING INVESTMENT PROPERTY!!!!!!!!!   (Phrase borrowed from Jeff Brown. – I had another phrase in mind.)  Or it could cost you just about everything you’ve worked for.

I pray for this guy and others like him.

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Filed under Investment Property, Kansas City Real Estate, Legal Issues

Missouri Audit of my Property Management Files

train-wreckOkay.  So I told you the Missouri auditor had arrived.  My sales files are all okay.  My property management files, on the other hand, were a real headache.  First, there was the comedy of errors.  See, I use a professional software package for my property management (No, I’m not looking to manage more properties.  Just mine and the five other doors I have is plenty, thank you.) and it has a lot of accounting practices contained therein.  Problem is, neither I nor the auditor is an accountant.

As such, we spent 3.5 hours looking at why we couldn’t balance her figures that showed I had mis-appropriated $225.00 somewhere along the line.  The $225 was missing, unaccounted for and as you might imagine, that’s a problem.  After about an hour I began to question myself!!!!!!  But every month I collect the money, write the checks and every month the check register reconciles with the bank statements so I knew I hadn’t done anything wrong.  And besides, who steals $225.00?  If  you’re gonna steal, go big!

I went home frustrated at the end of the day on Monday and quite frankly, a little worried.  This was my reputation.  But then it hit me while mowing the lawn that night!  I went back in Tuesday morning and discovered she (we) had started with the wrong number from the bank statement.  I end my month on the 11th.  The bank ends the month on the last day of the month.  A combination of checks (totaling $225.00) were written/cleared in between those two dates.

mosealYou might say you’d have figured it out right away.  And I probably should have.  But with an auditor sitting there asking questions about a financial software program I use that I barely even understand (it just works!) I did get a little flustered.  Which, is kinda funny really.  I spent years in DC as a private investigator.  I’ve been shot at.  I’ve met Senators and Congressmen.  I’ve testified in court so many times it’s not countable.  Yet, here I was a little frustrated and nervous.

Anyway, with the money problem solved I did find out my property management agreement I have with the two owners I work with didn’t have a Missouri required clause requiring my Duties & Responsibilities regarding agency (never mind that I give them the official State of Missouri Brokerage Disclosure) and therefore my property management agreements are void as far as Missouri is concerned.  Simple enough.  I’m adding the clause today and getting the new agreements out in the mail immediately.

Oh, and I was sited for not charging enough!  See, my agreement says 6% and on one property I’ve been taking a flat fee that adds up to 5.2345%.  So I have to charge more or amend the property management agreement.  Funny thing to be sited for as far as I’m concerned.  The owner never noticed or cared.  I’ll guarantee you that!

All is well that ends well, I guess.  I’ll find out my punishments in about a month or so.  But I promised to keep you updated so there you have it.

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