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July 2006


Doing Good with Real Estate...

Posted at 1:14 PM, Jul. 11, 2006

John Rummage visits with a little girl at the Philip Hayden Foundation, Langfang Village, China.

John Rummage visits with Gabrielle, a little girl at the Philip Hayden Foundaton, Langfang Village, China.
The average property owner and investor might not be aware of all the positive tax options available to them when they decide to sell their real estate. Did you know that you get the biggest tax break at the current year income tax level and in the future at the estate tax level by being like Warren Buffet and giving your property away? You might even create a bigger cash flow by giving the property to a 501 (c) 3 non-government (non-profit) organization than you could create by selling your property outright, but you need tax advice from a knowledgeable tax professional to calculate your cash flow for you. 
 
You can give your property away during your lifetime, like Mr. Buffet did, or at death through your Last Will and Testament, through a Trust or by setting up a Testamentary Gift. You can also give your property away, but retain a Life Estate in the property. A Life Estate gives you possession of the property and a tax deduction. Your tax deduction takes into account the value of your life estate and may be less than if you gave up all rights to the property.
 
You can sell your property through a bargain sale with a leaseback in conjunction with a 501 (c) 3 non-profit organization and realize positive tax benefits. In this transaction, you negotiate a sales price less than the appraised value. The difference between the sales price to the non-government organization and the appraised value becomes your tax deduction. You get cash; a tax deduction and you can lease your property back at a fair market lease value. Again, you may be able to create a bigger cash flow by selling at a price below fair market value (a bargain sale) because of the tax deduction, than if you sold your property at it’s appraised value. You need the help of a tax professional to make those calculations for you.
 
   When you choose to create a property transaction with a 501 (c) 3 non-government organization you are actually redirecting some of your tax money that would normally go to Washington to a non-profit organization whose purpose is to help solve social problems. It is important for you to find an organization that is willing to do these transactions, but more importantly does a work that you would want to support. The newspapers are full of information about the Buffet transaction, and that newsworthy information translates into good news for all of us. When you combine a purposeful gift with professional tax planning every party to the transaction is a winner. You and your family are winners, the beneficiaries of the non-government organization are winners and America and the world at large are winners. If you do nothing but pay your taxes the only winner is Washington and their programs, which you have little to no control over. By entering into a transaction with a non-government organization you can interface with the people running the non-government organization and make suggestions as to where and how they apply your gift to a need that you and the organization consider important.  
 
My wife and I are both REALTORS® who understand these property transactions.  We are also two of the founders of Founding Family Charitable Foundation, a 501c3 non-profit corporation which helps American families by providing financial grants to adopt orphans around the world. That was our foundation’s initial mission, but over time our mission has grown to include providing food, clothing, shelter, education and medical assistance for orphans anywhere around the world where there is legitimate need. Founding Family is currently helping children in America, China, India and Israel.
 
If you feel comfortable redirecting some of your tax dollars from Washington to helping children and possibly even reducing your capital gains taxes, please contact us by sending an email message to either John or Sarah. Contacting us might be the best thing you ever did for yourself and the children that entered this world with great potential, yet, also in great need.
 
The following is a list of property transactions that some non-government organizations will help arrange for owners of property.
 
If you DO need income, or to own or to live in your property:  
 
Testamentary Gifts
Reserve Life Estate
Sale with a Lease Back
Fair Market Sale with a Gift
Bargain Sale
Option to Purchase
 
If you DO NOT need income, to own, or to live in your property:
 
Outright Donation
Donation by Will, or Trust
Donation with a Reserved Life income Option for Heirs
Donation with a Lease Back
Donation by Undivided Partial Interest
Installment Sale or Installment Bargain Sale
Donation to establish a Life Income
 
Do not go where the path may lead, go instead where there is no path and leave a trail.”    Ralph Waldo Emerson
 
This information is for educational purposes only, and should be verified by your financial professional.  
--John Rummage, 615-620-4372

Items that WILL NOT REMAIN with the property....

Posted at 4:05 PM, Jul. 8, 2006

On most Purchase and Sales Agreements for real estate, there is a section to list items which will remain with the property (such as appliances, window treatments, riding lawn mower, etc.)  And most buyers put a few items on this line.
But on the line regarding items that will NOT remain, many buyers leave it blank.  This line is important too.  Look around the property.  Do you see anything that is so ugly, so trashy looking that it will be a chore to get rid of it in the days after you move in?  For instance, if you are a retired couple with no children, do you really need, and want, that elaborate children's gym set in the back yard?  If you don't, ask that it be removed in the purchase contract.  Or if you see an attic full of junk, or a crawl space full or junk, ask that these areas be 'broom clean' before closing.  Or the above ground pool which has seen much better days, ask that it be removed.  Your Realtor® has certainly had experience writing contracts and stipulating what things need to NOT REMAIN, and can make suggestions.
I visited a property today with an attractive wood fence across the back third of the lot.  It looked fine until we got behind the fence, and then we saw mattresses, and other junk that the renters in the property had parked there.  If we write a contract on this property, I will suggest that the buyer put this junk behind the fence on the ITEMS THAT WILL NOT REMAIN list.


Inspections and Appraisals

Posted at 7:16 AM, Jul. 7, 2006

Sarah Rummage and Sandra McClurg arrive for the final inspection on the condo which Sandra has bought.
Inspection vs. appraisal – How do they differ?

An appraisal is a formal assessment of the value of a home or property, required by a lender. The lender wants to make sure the loan amount doesn't exceed the value of the property being sold, and that the loan to value approved by the underwriter is in line. The appraisal may be ‘full blown’ meaning that the appraiser goes inside, makes photos, measures rooms and checks for interior condition. A ‘drive by’ may suffice if the buyer has a large down payment, and/or if the buyer’s credit is excellent. The lender may also get an online property value report, which uses recent neighborhood sales, and gives an average sales price.

An inspection, on the other hand, is an assessment of a home's systems and structure, and it is designed to find any hidden problems with the home. The buyer normally makes an inspection a condition of the sale, then pays for the inspector to deliver a full report. A home inspector usually requires payment from the buyer at the time of the inspection. The inspection usually takes 2-3 hours, as the inspector crawls in the attic and under the house, as well as inspecting all appliances to be included with the sale, and the interior structure. A buyer should go to their home inspection, as this is a great opportunity to learn about his/her new home!
 
A new home also needs an inspection. True, the builder usually gives a warranty, and comes back during the first year or so to fix any problems. But an inspection will reveal any irritating situations (like low water pressure or a shower head which is not attached correctly) that may take a few days for the builder to correct. Things are sometimes left undone, because a particular employee starts a job, for instance, then takes a day off, and no one remembers to go back and finish what he started.

Real estate agents don't formally appraise your property, but rather provide a comparable market analysis (CMA), which can give you a good idea of what your home is currently worth based on recent sales in your neighborhood and surrounding neighborhoods.  An appraiser is going to look at the same data that Realtors® and sellers look at, to come up with the appraised value.
 
A seller and Realtor® should price the property reasonably, for the market, to ensure that the property "appraises."   Buyers usually have looked at several properties before they submit an offer, and know if a property is overpriced.  No one wants to overpay for a property. 

Linda's Homemade Carport....the adjective 'homemade' is

Posted at 3:44 PM, Jul. 4, 2006

not a compliment.  When I learned to sew, the worse thing that could be said about a hand sewn dress was that 'it looks homemade.'
My friend Linda emailed me this story about closing on a house, with the promise from the seller that they would come back later and make a necessary remedy.  The lesson to be learned is that once the closing takes place EVERYTHING should have been taken care of....don't leave any loose ends out there!

"Ok, you all aren't going to believe this story ...but here goes...

When we bought this house in Ardmore, the previous owners had never built a carport (which is a requirement from the City of Ardmore). And when we bought it from them, we were given a year from date of sale to build one.

So, we had a contract drawn up by a real estate attorney when we bought the house from them. One of the stipulations in the contract was that they (the previous owners) had to build a carport for us before the year was up. We had asked them to just reduce the cost of the house by what it would cost to build a carport and we would have it done ourselves ...but they refused that, saying *we have to have every penny we are asking for the house and cannot lower the price at all*. They assured us at the time (when we asked about their building experience) that it would not be a problem because one of their best friends was a building contractor who was going to assist them in building this. When they were here the other night to talk to us, we asked them where was this friend who was going to help them and they told us "oh, we don't talk to him anymore ...we really aren't friends any longer"..

About 3 weeks ago they finally showed up and started building the carport. Oh my gosh .. you should see it. Well, it is only partially built because Bob went out there and asked to see their building permit and of course, they didn't get one. :( This carport looks like a bad tinker toy job, I kid you not. They went to find out about getting one and realized NOTHING they have done so far will meet code (which we already knew by just looking at their work). So now they have spent all their money on really bad materials and have found out they really don't know what they are doing.

We were at the attorney's office on Thursday ... bottom line, we are basically stuck for now. We have to wait for the year date ... which will be Aug. 17th, and if nothing has been done, then we can call someone to build it ... have it built and then sue them for all the costs involved.

I am encouraged today because they actually sent a friend of theirs over and he is out there starting to disassemble the thing. Geez, I have been so afraid one of our infamous *winds* that we get here in Ardmore would come up and just push the thing into our house.

After Bob made them stop construction till they had a building permit posted, I went out ..climbed on a ladder just to see if it would be at all possible for us to start working on taking it down. Yikes* the things swayed all over the place just with me leaning against it on the ladder. No way either of us or anyone we love is going to be trying to take it down. I figure none of us needs any broken bones.  And, of course, there is no way I would let Bob get on a ladder to do ANYTHING what with his inner ear problems.

I know there must be a lesson in all this. Probably that in hindsight we should have just walked away from the deal when they wouldn't allow us to reduce the price of the house by the amount it would take to
have a carport built. But we just keep on learning our life lessons the hard way......"