I recently came across this article in the New York Times which suggests that the housing boom is over—not only for now, but forever—and that the days of making money with real estate are over as well.  “People shouldn’t look at a home as a way to make money,” quotes the article, “because it won’t.”

Respectfully, I disagree.

It is certainly true that with real estate in such a depressed state, now is not the time to buy property and simply hope the value increases; however, now is the perfect time to purchase “rental” property that will pay for itself in the short-term, and increase in value over the long haul.

A few years ago real estate was skyrocketing and it seemed that everyone’s advice was to invest.  But the time to invest is not when everyone is buying and prices are high.  The best time to invest is when prices are low… so long as you have the time and the resources to hold onto under-valued property until the market recovers—which, as David Streitfeld mentions in his article, may take years. The question you need to ask yourself is not “Is now a good time to invest in real estate?” but “Can I afford to put the time and money that may be required into this investment to see it through?”

According to Andy Louis-Charles of The Motley Fool, the true key to real estate investing is rental value, not appreciation, “this is the only tried-and-true metric that ensures a worthy real estate purchase.” Everything else “is either speculation or indulgence.” The question of whether or not real estate is a good investment now becomes a matter not of luck but of strategy.

The key to success in the investment of rental properties is five-fold:

1. Know Your Timeline (or at least have a good idea). How long you plan keep your rental property will be a large factor in determining how much you’ll need to invest above and beyond the initial cost of purchase. Improvements, maintenance and repairs will have to be considered as part of your overall plan.
2. Have Your Financial Ducks in a Row. Owning a rental property means you’ll be dealing with people… some of whom will miss a month’s rent or leave you with unexpected vacancies.  Have enough money in reserve to comfortably deal with these crises.
3. Find the Right Location. Everybody knows that it’s all about location.  Of course some locations will be more profitable than others, but many non-traditional locations can be profitable if you know who your target rental audience will be.
4. Have Good Advisors. Agent, Mortgage Broker, Attorney, CPA, Management Company… these are just a few of the people who will be invaluable in helping you make the right moves and decisions along the way.
5. Get the Right Price. According to the old adage, “You make your profit when you buy a property, not when you sell it.” And now is definitely the time to get the right price. July of 2010 saw 325,000 foreclosure filings, that’s “the 17th month in a row total filings exceeded 300,000” according to RealtyTrac’s CEO, James Saccacio. Although this is a disheartening statistic for the economy in general, what it means for investors is that the cost of property is low and there is a higher rental demand.

The NY Times article rightfully suggests that investing in property now isn’t likely to make the quick profit it might have a decade ago, but that doesn’t mean we should throw the baby out with the bathwater.  Remember, rental property is often referred to as the “IDEAL” investment:

I: Income/Cash flow
D: Depreciation and tax deduction
E: Equity buildup from mortgage paydown
A: Appreciation in property value over time
L: Leverage; using a small amount of your own money to control a large value asset

Land is still land. People still need a place to live and a place to house their business. You can be a part of that, and my firm can help.

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The practice of “house flipping” (purchasing real estate in need of repair, fixing it up and quickly reselling it for profit) has long been a successful investment strategy—although it has had its ups and downs.  During the past 4 years or so house flipping has been in a down-swing due to the collapse of the housing bubble; but according to a couple of recent articles in the Wall Street Journal and The New York Times, house flipping as an investment strategy is making a comeback.

As a real estate lawyer and a real estate investor myself, I know that house flipping can be an extremely profitable investment strategy; but what interests me is to see what is left out of these articles about real estate investing—namely the importance of having an experienced and knowledgeable legal advisor on your side.

James R. Hagerty’s article in the WSJ mentions the fast pace and perilous nature of buying foreclosed homes at auction, “bidders often haven’t had a chance to inspect the property or determine whether it’s occupied by tenants, who may be hard to evict… Sometimes ‘you have half an hour to make a half-million-dollar decision.’” In addition, “bidders also don’t always know whether they’re buying a home subject to a lien from another lender, which can happen in cases where the borrower took out more than one home loan.” What the article doesn’t mention is that the more experience you have—this includes having an experienced mentor or advisor behind you—the less likely you are to take unnecessary risks.

Another aspect of house flipping that often goes unmentioned is the number of rules and regulations that can go along with it.  Marcelle S. Fischler does write in his article in the New York Times about the 90 day resale waiting period (recently waived) but he mentions it almost in passing. These kinds of things—along with unanticipated income and capital gains taxes—are just a few the things that can trip up a first time investor.

The state of New York has a number of local laws, as well as rules and regulations specific to your county of purchase.  All too often I see investors buying and selling foreclosures without the proper awareness of these local laws. National gurus such as the one mentioned in Fischler’s article make interesting news, but they won’t help you as an investor avoid transactions in violation of  local laws—such as the New York State Home Equity Theft Prevention Act. Working closely with a trusted local attorney will help you stay on the right side of the law.

Even if you are not a real estate investor, but someone merely looking for an affordable home for you and your family, you may have concerns about house flipping.  After all, there is a dark side to house flipping, and buyers need to protect themselves from those who would take advantage of them.  Again, here is where the advice of a knowledgeable real estate lawyer can be invaluable.

Whether you are an experienced investor, new to the game, or simply looking for the perfect home for your family, my goal is to make sure you come out on top.  Call my office with any questions about this or other real estate related topics.

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Common superstition says that famous deaths come in threes, but the death of New York Yankees owner George Steinbrenner on July 13 makes four billionaire deaths in 2010. It’s hard to deny the significance of such events in a year when there is no estate tax.

According to the Associated Press Steinbrenner’s family is set to receive a tax break of “about $328 million” because of the estate tax repeal this year. This number, along with the millions of dollars saved (that would otherwise have gone to pay estate taxes) by the families of Dan L. Duncan, Walter Shorenstein, and Mary Janet Morse Cargill may inspire Congress to take action on the issue of the estate tax before the year is over. The Washington Post quotes Senator Bernard Sanders of R.I. as saying, “In the midst of this terrible recession, the idea of giving billionaires a massive tax break is obscene… Already we have four billionaire families who are not paying taxes — Steinbrenner’s being the last one. Many billions are being lost. We have to address that reality right now.”

Although there is still some talk of the possibility of the estate tax being reinstated retroactively, most lawmakers and attorneys agree that the further into 2010 we get the less likely this becomes. But missing out on the estate taxes of four billionaires has to hurt, and the members of Congress are not likely to drag their feet much longer. One way or another, we can soon expect to see the issue of the estate tax become a hot topic of debate in Washington. Our firm will keep you abreast of any changes to the law that could affect you, your loved ones, or your estate.

Popularity: 11% [?]

2010 has been anything but ordinary as far as the estate tax is concerned. First there was the unexpected repeal of the estate tax (unexpected not because the repeal was unplanned, but because nobody expected it to actually happen), then the idea that congress could reinstate the estate tax and make it effective retroactively, and now there are rumblings that certain Senators are considering a prepaid estate tax!

According to this article in the Christian Science Monitor, “News reports suggest that the Senate may soon consider restoring the estate tax with an option allowing people to prepay their tax before they die. Details are apparently still in flux as senators negotiate. We—and maybe they—don’t know yet what they’ll propose for the basic estate tax but it’s unlikely to be harsher than the 2009 version.”

If something like this gets passed, a visit to your estate planning attorney will be more important than ever, especially if you have the wealth to protect and the means to spend some money now to save a lot of money later.

Of course, this is all just speculation right now, but even the idea of prepaid estate taxes tells us just how much the government is counting on that revenue—one way or another. If you were under any illusions that the repeal of the estate tax might turn into a permanent thing this should be more than enough to convince you that the estate tax is here to stay.

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Usually on this blog I write about how to protect your real estate; how to keep business property profitable and how to pass personal property on to the next generation.  But every once in a while the market plays tricks on us, and property you thought would be a good investment ends up weighing you down.  What do you do then?  How do you turn unproductive property from a liability into an asset?

During the recent downswing of the real estate market, many people found that holding on to unproductive property was becoming a financial hardship. Although the market seems to be on the rebound, not all property is rebounding as quickly—or as strongly—as we’d like.  And yet many people are reluctant to sell their property at a loss. The good news is that there are ways to get the most out of property that no longer serves your family or your business (although it may not be the ways that you think), these include:

• Giving the property as a charitable donation
• Transferring the property into a charitable “lead” trust
• Keeping the property in a retained life estate.

If you think you might like to look further into leveraging your property—for charitable purposes or otherwise—please contact us for more information. Our office can answer your questions about the tax advantages of making a charitable donation of property; or alternatively of keeping the property, but holding it in a separate protective entity such as an LLP or FLP.

When considering your estate, your real property is likely your greatest asset. Let our firm help you decide how to make the most of your real estate, whether you choose to leverage it now or keep it safe for the future.

Popularity: 28% [?]