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Chapter 12
Investing and Other Broker-
Related Fields
I. Why Invest in Real
Estate?
A. Objectives
 Some investors may be seeking additional income
through well-chosen properties while others use it as
a tax shelter to help reduce the bite on otherwise
taxable income
 The number one objective for investing in real estate
is to make money
B. Capacity
 The investor in real estate should have the
financial ability to handle the carrying costs
of the investment
 The costs of operating expenses continue
to escalate
C. Soundness
 The investment should be sound from an economic
point of view, that is, investors ought to look beyond
projected figures
 Projected figures should reflect financial reality
II. Benefits of Investing
A. Tax Shelter
 Investors in high income tax brackets may benefit from
“sheltering” or conserving part of their ordinary income
through wise planning, selection, and operation of an
income producing property
B. Other Tax Benefits
 Capital gains can be largely deferred through one
of several devices:
 A tax-free exchange
 A deferred sale
 An installment sale
C. Appreciation Potential
 Growth through appreciation is a function of supply
and demand, economic conditions, influx of
population, inflation, and scarcity
D. Hedge Against Inflation
 California’s real estate usually rebounds eventually
and continues to appreciate in value over the long
run
 Real estate tends to keep abreast with the
fluctuations of the purchasing power of the U.S.
Dollar
 During inflationary periods, the cost of everything
rises, including real estate and during recessionary
times, prices may dip
E. Income
 “Cash flow” is the difference between the income
generated from a property and the expenses
associated with it, including taxes, mortgage
payments, and operating expenses
 Many investors purchase property with the objective
of providing an annuity for themselves
F. Interim Use
 Real property ownership offers the purchaser of a
ranch, farm, or other investment the opportunity to
use the property to make some income while
waiting for appreciation of value to take place
G. Stability
 Many types of real estate, especially commercial and
industrial, enjoy long-term leases with top
corporations, producing a dependable, stable
investment for as long as twenty years or more
H. Control and Use
 As a real estate professional, you can assist your
investors by helping them:
 Thoroughly study the environment and economic background
 By analyzing the investments for tax benefits
 Hedge against inflation
 Explore financing opportunities
 Analyze cash flow, income and stability
I. Refinancing
 Some clients who have investment properties with
large equities may choose to refinance their property
to take out more cash to buy another property
J. Amenities
 Other benefits to the investor included pride of
ownership, security, status, achievement, estate
building, and the opportunity to improve profits
III. Financing Income
Properties
A. Sources of Financing
 Miscellaneous sources of funds for
investment properties include:
 Savings Banks –specialize in housing
 Commercial Banks – active in the urban
mortgage market
 Life Insurance Companies – invest in large
commercial projects like shopping malls, etc
IV. Your Role in the
Investment Process
A. Apartment Prospecting
and Marketing
• Sources of prospects for listing and buying investment
properties include many of the same as those for
residential properties
• Don’t overlook the current tenants as potential buyers
1. Getting the Listing
 Listing an apartment complex is like listing a house
 You meet the owner, ask searching questions, come
prepared with valuation data, and create
opportunities for the sellers by showing them how
the proceeds can be reinvested, and so on
 When gathering info, you’ll also need to get detailed
facts about the property, such as:
 Needed repairs
 Condition of units
 Quality of tenants
 Rent schedules
 Lease terms
 Vacancy factors
 Evaluation of income and expenses
B. Investment Planning and
Counseling
 To earn the respect and confidence of your clients,
you will need a thorough understanding of your
client’s total financial and family picture
 A confidential file should be maintained for each of
your clients
 Conferring with your client’s attorney, accountant, or
business advisor may be advisable somewhere along
the way
V. Residential Income
Properties
A. Property Analysis
 To understand the
analysis of an income
producing property, an
Income Property
Residential Statement
can be utilized
 Potential Gross Income
 Vacancy Factor
 Effective Gross Income
 Net Operating Income
 Operating Expenses
 Fixed Expenses
 Variable Expenses
 Reserves
Times Gross
 TIMES GROSS is simply the proposed selling price
divided by the scheduled gross income, with the
multiple used as a ballpark figure to weigh the
prospective value of the investment
Capitalization of Net Income
 The net operating income is divided by the
selling price to determine the appropriate
capitalization rate
or
B. Characteristics of
the Rental Market
 Income characteristics
 Rent-to-Income Relationships
 Current Rental Ranges
 Current Vacancy Rates
 Rent Control
 Desirable Distribution of Units by Type and Price Class
VI. Syndication
Purchase Group
 Syndications are based on complex legal concepts, so
advise your clients to seek advice from an attorney
 A SYNDICATION is an association of two or more
people who combine their financial resources for the
purpose of achieving one or more investment
objectives
B. Brokerage Opportunities
 Creating a real estate syndication can be
creative, challenging, and profitable for the
enterprising broker
 Benefits include:
 Commissions earned from selling properties
 Management fees
 Percentage of ownership
 Resale commissions
 Option to acquire one or more interests
C. Forms of Legal
Organization
 Limited Partnership
 General Partnership
 Corporation
 REIT
VII. Small Business
Opportunities
Small Business Opportunities
 As a broker, you may wish to engage in a variety of
activities that complement your basic real estate
brokerage operation
 Each activity can supplement your income as well as
provide you with additional sources of prospects
 You should be aware of the value of informing all your
clients about other services offered by your company,
such as property management
VIII. Details of Selling A
Business
Selling a Business
 Section 10030 of the Real Estate Law defines a
BUSINESS OPPORTUNITY as a “sale or lease
of the business and goodwill of an existing
business enterprise or opportunity”
 GOODWILL is defined as the expectation of
continued public patronage
A. Listing Agreement
 In this first step, an agency relationship is
created by securing a listing on the business
B. Uniform Commercial Code
 The UNIFORM COMMERCIAL CODE (UCC) is a
body of law adopted throughout the United States
that standardizes a number of practices commonly
found in commerce and business
 Article 6 covers the subject of bulk transfers
 In real estate talk, the expression “bulk transfer”
means the same thing as a business opportunity-
an extraordinary sale of more than half of a seller’s
inventory and equipment
Notice
 Whenever a bulk
sale or transfer is
made, the
transferee must
give public notice to
the transferor’s
creditors by
recording a Notice
to Creditors of Bulk
Sale at least twelve
days before the
bulk transfer is
consummated
C. Security Agreement &
Financing Statement
 Under Article 9 of
the UCC, a filing
system is
established as
additional protection
for creditors and for
purchasers
D. Sales and Use Taxes
 Whenever a merchant engages in a business where
sales of personal property at retail are made, he or
she must secure a seller’s permit from the State
Board of Equalization
E. Bill of Sale
 The BILL OF SALE serves the same function in the
transfer of personal property as the grant deed does
for real property
F. Assignment of Lease
 The reason why most businesses sell for comparatively
less in contrast to real property is because it is only
personal property that is being purchased, a lease is
generally assumed on the building
 Not all leases are assignable, make sure it is before
negotiating to buy a business
IX. Valuation of Business
Opportunities
Valuation
 You should learn how to determine the value of a
business-before you embark on your first listing
 The value of goodwill is the most difficult to measure
 You should visit the establishment on different days and
at various times to determine business activities
 One way to try to value a business is to use a NET
MULTIPLIER, which multiplies net income by some
standardized number or multiplier
 In real estate a GROSS MULTIPLIER is often used for
income-producing real estate
X. Tax Consequences on
the Sale of Business
Opportunities
Tax Consequences
 Tax implications on a sale of a business are different
from those in the sale of real property
 The method of allocation of various business assets
has tax consequences to both seller and buyer
 The amount paid for leasehold improvement is
deductible by the buyer
 The amount paid for goodwill is not deductible by the
buyer and is a capital item to the seller
XI. Alcoholic Beverage
Control Act
Alcoholic Beverage Control
• The CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (ABC) is charged with
administration and enforcement of the Alcoholic
Beverage Control Act, which regulates liquor licenses
XII. Ancillary Activities
and Specialty Roles
A. Real Property Securities
Dealer
 A REAL PROPERTY SECURITIES DEALER is
engaged in the secondary money market, in addition
to a host of activities that come under the definition of
real property securities
 Before selling real property securities to the public,
the broker must obtain a permit from the Real Estate
Commissioner
B. Notary Public Services
 As a notary public, you can notarize your clients’
documents, but many successful brokers rely on
assistants to take care of this detail
XIII. Property
Management Activities
Property Management
 Managing properties is a natural adjunct to your general
practice as a broker
 This is usually done on the basis of a percentage of gross
rentals or for a flat fee
 Specific duties and functions will be discussed in our next
chapter 13
XIV. Escrow Activities
Escrow
 Another supporting service, which a large number of
brokers offer, is that of escrow
 Remember, that only the seller and buyer may select
the escrow company they wish to use
 The escrow holder is a dual agent for both the buyer
and seller
XV. Loan Brokerage
Activities – Mortgage
Loan Originator License
The SAFE Act
 A MORTGAGE LOAN ORIGINATOR (MLO) is an
individual who, for compensation or gain, or in the
expectation of compensation or gain, takes a
residential mortgage loan application or offers or
negotiates terms of a residential mortgage loan
XVI. Probate Sales
Probate Sales
 An executor possessing a power of sale under the
terms of a will may sell directly or through one or
more brokers
 Brokers wishing to work in probate sales must
publish legal notice advising that the property is to
be sold on specified terms and conditions, and that
offers from interested parties are invited
 Precise procedures must take place to properly
complete a probate sale, brokers need to know and
understand them well to complete the process
XVII. State of California
Sales Opportunities
A. Subdivision Sales
Opportunities
 Intrastate Sales
 Interstate Sales
B. Real Estate Investment
Counselor
 For brokers with considerable experience and
knowledge, you can become a real estate investment
counselor
 A REAL ESTATE INVESTMENT COUNSELOR is the
broker’s broker or consultant, doing for other brokers
what those brokers cannot do for themselves, until
their own knowledge and experience is of such
magnitude as to qualify them for similar status
XVIII. Real Estate
Brokerage –
General vs.
Specialization
General vs. Specialization
 The sale of residential property accounts for about ¾
of the sales made by the typical realty office
 As a brokers you may then choose to specialize in :
 A defined geographical section
 A certain price range
 Certain types of properties
 Exchanges
 Appraisals
 Property management
XIX. Manufactured
Housing and the Licensee
A. Mobile Home Dealer vs
Real Estate Broker
 New manufactured homes cannot be sold by real
estate licensees
 Real estate licensees are not allowed to act as agents
in the sale of mobile homes that can be used as
vehicles on the highway
B. Marketing
 Brokers may sell manufactured home that have been
registered with the Department of Motor Vehicles for
at least one year and are larger than 8 feet in width
and 40 feet in length
 Manufactured homes create greater title problems
than ordinary real estate transactions
Chapter Summary
• Why Invest in Real Estate?
• Objectives
• Capacity
• Soundness
• Benefits of Investing
• Tax Shelter
• Appreciation
• Hedge Against Inflation
• Income
• Interim Use
• Stability
• Control and Use
• Refinancing
• Amenities
• Financing Income Properties
• Sources of Financing
• Available Funds
• Your Role in the Investment Process
• Apartment Prospecting and Marketing
• Investment Planning and Counseling
Chapter Summary
• Residential Income Properties
• Property Analysis
• Analyzing the Rental Market
• Study Area Characteristics
• Characteristics of the Rental Market
• Syndication
• Purchase Group
• Brokerage Opportunities
• Forms of Legal Organization
• Small Business Opportunities
• Selling a Business
• Listing Agreement
• UCC
• Security Agreement and Financing
Statement
• Sales and Use Tax
• Assignment of Lease
• Valuation of Business Opportunities
• Tax Consequences
• Alcoholic Beverage Control Act
Chapter Summary
• Ancillary Activities and
Specialty Roles
• Real Property Securities Dealer
• Notary Public Services
• Property Management
Activities
• Escrow Activities
• Loan Brokerage Activities
• Probate Sales
• State of California Sales
Opportunities
• Subdivision Sales Opportunities
• Real Estate Investment Counselor
• Manufactured Housing and the
Licensee
• Mobile Home Dealer
• Marketing

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Prac pp chp 12

  • 1. Chapter 12 Investing and Other Broker- Related Fields
  • 2. I. Why Invest in Real Estate?
  • 3. A. Objectives  Some investors may be seeking additional income through well-chosen properties while others use it as a tax shelter to help reduce the bite on otherwise taxable income  The number one objective for investing in real estate is to make money
  • 4. B. Capacity  The investor in real estate should have the financial ability to handle the carrying costs of the investment  The costs of operating expenses continue to escalate
  • 5. C. Soundness  The investment should be sound from an economic point of view, that is, investors ought to look beyond projected figures  Projected figures should reflect financial reality
  • 6. II. Benefits of Investing
  • 7. A. Tax Shelter  Investors in high income tax brackets may benefit from “sheltering” or conserving part of their ordinary income through wise planning, selection, and operation of an income producing property
  • 8. B. Other Tax Benefits  Capital gains can be largely deferred through one of several devices:  A tax-free exchange  A deferred sale  An installment sale
  • 9. C. Appreciation Potential  Growth through appreciation is a function of supply and demand, economic conditions, influx of population, inflation, and scarcity
  • 10. D. Hedge Against Inflation  California’s real estate usually rebounds eventually and continues to appreciate in value over the long run  Real estate tends to keep abreast with the fluctuations of the purchasing power of the U.S. Dollar  During inflationary periods, the cost of everything rises, including real estate and during recessionary times, prices may dip
  • 11. E. Income  “Cash flow” is the difference between the income generated from a property and the expenses associated with it, including taxes, mortgage payments, and operating expenses  Many investors purchase property with the objective of providing an annuity for themselves
  • 12. F. Interim Use  Real property ownership offers the purchaser of a ranch, farm, or other investment the opportunity to use the property to make some income while waiting for appreciation of value to take place
  • 13. G. Stability  Many types of real estate, especially commercial and industrial, enjoy long-term leases with top corporations, producing a dependable, stable investment for as long as twenty years or more
  • 14. H. Control and Use  As a real estate professional, you can assist your investors by helping them:  Thoroughly study the environment and economic background  By analyzing the investments for tax benefits  Hedge against inflation  Explore financing opportunities  Analyze cash flow, income and stability
  • 15. I. Refinancing  Some clients who have investment properties with large equities may choose to refinance their property to take out more cash to buy another property
  • 16. J. Amenities  Other benefits to the investor included pride of ownership, security, status, achievement, estate building, and the opportunity to improve profits
  • 18. A. Sources of Financing  Miscellaneous sources of funds for investment properties include:  Savings Banks –specialize in housing  Commercial Banks – active in the urban mortgage market  Life Insurance Companies – invest in large commercial projects like shopping malls, etc
  • 19. IV. Your Role in the Investment Process
  • 20. A. Apartment Prospecting and Marketing • Sources of prospects for listing and buying investment properties include many of the same as those for residential properties • Don’t overlook the current tenants as potential buyers
  • 21. 1. Getting the Listing  Listing an apartment complex is like listing a house  You meet the owner, ask searching questions, come prepared with valuation data, and create opportunities for the sellers by showing them how the proceeds can be reinvested, and so on  When gathering info, you’ll also need to get detailed facts about the property, such as:  Needed repairs  Condition of units  Quality of tenants  Rent schedules  Lease terms  Vacancy factors  Evaluation of income and expenses
  • 22. B. Investment Planning and Counseling  To earn the respect and confidence of your clients, you will need a thorough understanding of your client’s total financial and family picture  A confidential file should be maintained for each of your clients  Conferring with your client’s attorney, accountant, or business advisor may be advisable somewhere along the way
  • 24. A. Property Analysis  To understand the analysis of an income producing property, an Income Property Residential Statement can be utilized  Potential Gross Income  Vacancy Factor  Effective Gross Income  Net Operating Income  Operating Expenses  Fixed Expenses  Variable Expenses  Reserves
  • 25. Times Gross  TIMES GROSS is simply the proposed selling price divided by the scheduled gross income, with the multiple used as a ballpark figure to weigh the prospective value of the investment
  • 26. Capitalization of Net Income  The net operating income is divided by the selling price to determine the appropriate capitalization rate or
  • 27. B. Characteristics of the Rental Market  Income characteristics  Rent-to-Income Relationships  Current Rental Ranges  Current Vacancy Rates  Rent Control  Desirable Distribution of Units by Type and Price Class
  • 29. Purchase Group  Syndications are based on complex legal concepts, so advise your clients to seek advice from an attorney  A SYNDICATION is an association of two or more people who combine their financial resources for the purpose of achieving one or more investment objectives
  • 30. B. Brokerage Opportunities  Creating a real estate syndication can be creative, challenging, and profitable for the enterprising broker  Benefits include:  Commissions earned from selling properties  Management fees  Percentage of ownership  Resale commissions  Option to acquire one or more interests
  • 31. C. Forms of Legal Organization  Limited Partnership  General Partnership  Corporation  REIT
  • 33. Small Business Opportunities  As a broker, you may wish to engage in a variety of activities that complement your basic real estate brokerage operation  Each activity can supplement your income as well as provide you with additional sources of prospects  You should be aware of the value of informing all your clients about other services offered by your company, such as property management
  • 34. VIII. Details of Selling A Business
  • 35.
  • 36. Selling a Business  Section 10030 of the Real Estate Law defines a BUSINESS OPPORTUNITY as a “sale or lease of the business and goodwill of an existing business enterprise or opportunity”  GOODWILL is defined as the expectation of continued public patronage
  • 37. A. Listing Agreement  In this first step, an agency relationship is created by securing a listing on the business
  • 38. B. Uniform Commercial Code  The UNIFORM COMMERCIAL CODE (UCC) is a body of law adopted throughout the United States that standardizes a number of practices commonly found in commerce and business  Article 6 covers the subject of bulk transfers  In real estate talk, the expression “bulk transfer” means the same thing as a business opportunity- an extraordinary sale of more than half of a seller’s inventory and equipment
  • 39. Notice  Whenever a bulk sale or transfer is made, the transferee must give public notice to the transferor’s creditors by recording a Notice to Creditors of Bulk Sale at least twelve days before the bulk transfer is consummated
  • 40. C. Security Agreement & Financing Statement  Under Article 9 of the UCC, a filing system is established as additional protection for creditors and for purchasers
  • 41. D. Sales and Use Taxes  Whenever a merchant engages in a business where sales of personal property at retail are made, he or she must secure a seller’s permit from the State Board of Equalization
  • 42. E. Bill of Sale  The BILL OF SALE serves the same function in the transfer of personal property as the grant deed does for real property
  • 43. F. Assignment of Lease  The reason why most businesses sell for comparatively less in contrast to real property is because it is only personal property that is being purchased, a lease is generally assumed on the building  Not all leases are assignable, make sure it is before negotiating to buy a business
  • 44. IX. Valuation of Business Opportunities
  • 45. Valuation  You should learn how to determine the value of a business-before you embark on your first listing  The value of goodwill is the most difficult to measure  You should visit the establishment on different days and at various times to determine business activities  One way to try to value a business is to use a NET MULTIPLIER, which multiplies net income by some standardized number or multiplier  In real estate a GROSS MULTIPLIER is often used for income-producing real estate
  • 46. X. Tax Consequences on the Sale of Business Opportunities
  • 47. Tax Consequences  Tax implications on a sale of a business are different from those in the sale of real property  The method of allocation of various business assets has tax consequences to both seller and buyer  The amount paid for leasehold improvement is deductible by the buyer  The amount paid for goodwill is not deductible by the buyer and is a capital item to the seller
  • 49. Alcoholic Beverage Control • The CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) is charged with administration and enforcement of the Alcoholic Beverage Control Act, which regulates liquor licenses
  • 50. XII. Ancillary Activities and Specialty Roles
  • 51. A. Real Property Securities Dealer  A REAL PROPERTY SECURITIES DEALER is engaged in the secondary money market, in addition to a host of activities that come under the definition of real property securities  Before selling real property securities to the public, the broker must obtain a permit from the Real Estate Commissioner
  • 52. B. Notary Public Services  As a notary public, you can notarize your clients’ documents, but many successful brokers rely on assistants to take care of this detail
  • 54. Property Management  Managing properties is a natural adjunct to your general practice as a broker  This is usually done on the basis of a percentage of gross rentals or for a flat fee  Specific duties and functions will be discussed in our next chapter 13
  • 56. Escrow  Another supporting service, which a large number of brokers offer, is that of escrow  Remember, that only the seller and buyer may select the escrow company they wish to use  The escrow holder is a dual agent for both the buyer and seller
  • 57. XV. Loan Brokerage Activities – Mortgage Loan Originator License
  • 58. The SAFE Act  A MORTGAGE LOAN ORIGINATOR (MLO) is an individual who, for compensation or gain, or in the expectation of compensation or gain, takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan
  • 60. Probate Sales  An executor possessing a power of sale under the terms of a will may sell directly or through one or more brokers  Brokers wishing to work in probate sales must publish legal notice advising that the property is to be sold on specified terms and conditions, and that offers from interested parties are invited  Precise procedures must take place to properly complete a probate sale, brokers need to know and understand them well to complete the process
  • 61. XVII. State of California Sales Opportunities
  • 62. A. Subdivision Sales Opportunities  Intrastate Sales  Interstate Sales
  • 63. B. Real Estate Investment Counselor  For brokers with considerable experience and knowledge, you can become a real estate investment counselor  A REAL ESTATE INVESTMENT COUNSELOR is the broker’s broker or consultant, doing for other brokers what those brokers cannot do for themselves, until their own knowledge and experience is of such magnitude as to qualify them for similar status
  • 64. XVIII. Real Estate Brokerage – General vs. Specialization
  • 65. General vs. Specialization  The sale of residential property accounts for about ¾ of the sales made by the typical realty office  As a brokers you may then choose to specialize in :  A defined geographical section  A certain price range  Certain types of properties  Exchanges  Appraisals  Property management
  • 67. A. Mobile Home Dealer vs Real Estate Broker  New manufactured homes cannot be sold by real estate licensees  Real estate licensees are not allowed to act as agents in the sale of mobile homes that can be used as vehicles on the highway
  • 68. B. Marketing  Brokers may sell manufactured home that have been registered with the Department of Motor Vehicles for at least one year and are larger than 8 feet in width and 40 feet in length  Manufactured homes create greater title problems than ordinary real estate transactions
  • 69. Chapter Summary • Why Invest in Real Estate? • Objectives • Capacity • Soundness • Benefits of Investing • Tax Shelter • Appreciation • Hedge Against Inflation • Income • Interim Use • Stability • Control and Use • Refinancing • Amenities • Financing Income Properties • Sources of Financing • Available Funds • Your Role in the Investment Process • Apartment Prospecting and Marketing • Investment Planning and Counseling
  • 70. Chapter Summary • Residential Income Properties • Property Analysis • Analyzing the Rental Market • Study Area Characteristics • Characteristics of the Rental Market • Syndication • Purchase Group • Brokerage Opportunities • Forms of Legal Organization • Small Business Opportunities • Selling a Business • Listing Agreement • UCC • Security Agreement and Financing Statement • Sales and Use Tax • Assignment of Lease • Valuation of Business Opportunities • Tax Consequences • Alcoholic Beverage Control Act
  • 71. Chapter Summary • Ancillary Activities and Specialty Roles • Real Property Securities Dealer • Notary Public Services • Property Management Activities • Escrow Activities • Loan Brokerage Activities • Probate Sales • State of California Sales Opportunities • Subdivision Sales Opportunities • Real Estate Investment Counselor • Manufactured Housing and the Licensee • Mobile Home Dealer • Marketing