Investment Property Exchange Pit-Falls

Don’t make these mistakes:  Common errors that create problems with 1031 exchanges.

Most real estate investors know that one of the very best tools for delaying capital gains taxes is to utilize a tax provision called a 1031 exchange.  The 1031 comes from the section of IRS Tax code that is applicable and the “exchange” part comes from the process by which the investor trades-up into the next property without incurring immediate tax consequences (in other words the income and capital gains tax consequences are deferred to a later date).

The rules are stringent and must followed exactly for the exchange to work.  Best intentions are not acceptable to the IRS and your state tax board.

I recently learned that 1o31 Exchanges are identified by the California Francise Tax Board as one of the top audit topics and the four top issues (as provided by IPX1031) are:

“1. Failure to make a proper identification or comply with other technical requirements of Section 1031;

2. That the relinquished and/or replacement property are not held for a qualifying purpose (held for investment or productive use in a trade or business). For example, the property is used for personal purposes or it is held primarily for sale;

3. The taxpayer who sells the relinquished property is different from the taxpayer who acquires the replacement property; and

4. The taxpayer receives non qualifying property in the exchange (boot), but fails to report it on their tax return.”

I understand that only relates to audits conducted by the State of California, but the issues that are found in California will not be that much different than those found in Oregon.  Taxing authorities are looking for areas to make up for lost revenue.  You don’t want it to be the mistakes you make in your real estate purchase or sale.

It also emphasizes the importance of having a 1031 exchange facilitated by a Qualified Intermediary that knows and complies with the requirements contained in the 1031 statute and regulations.

If you are interested in finding out more about investing in real estate, 10310 Exchanges, buying or selling real estate in Corvallis, Philomath, Albany or Lebanon, I’d be happy to help!  Contact Dava

related links:

History of 1031 “Starker” Exchange (did you know it originated in Oregon?)

IPX1031 (user friendly, detailed information about exchanging property)

In the News… Economic Tid-Bits

I picked up a couple of interesting bits of news this week about the economy. Thought I would share:

Last week’s Pending Home Sales index from the National Association of REALTORS® (nar) went up 7.3% in November, the highest level since April of 2010.  The 2010 numbers were pumped up because of buyers that were in the market to take advantage of home buyer tax credits available then, that are not available now.

NAR chief economist, Lawrence Yun (and one of Inman’s 100 most influential)  said,  “Housing affordability conditions are at a record high and there is a pent-up demand from buyers who’ve been on the sidelines,  but contract failures have been running unusually high. Some of the increase in pending home sales appears to be from buyers recommitting after an initial contract ran into problems, often with the mortgage”.

I think that some some contract failures are preventable, especially when both the buyer and seller want to see the transaction through — having the right team in place, real estate professional, lender and title/escrow in place, can make a huge difference on an individual basis. Local markets and individual circumstances drive the reasons for contract failures.

According to NAR, It should be noted that “Pending home sales are not affected by the recently published rebenchmarking of existing-home sales because the index uses a different methodology based directly on contract signings, and is adjusted for seasonality.

and

According to USA Today, news sources and the Bureau of Labor Statistics, the, U.S. unemployment numbers are the lowest in 3 years.  “The U.S. job market strengthened in the second half of 2011 and added 200,000 jobs in December while the unemployment rate fell to 8.5% from a revised 8.7% a month earlier.”

Bright spots.  I’m looking forward to serving your Real Estate needs to 2012.  If you have questions about Corvallis, Albany, Philomath or other mid-Willamette Real Estate feel free to get in touch.

Contact Dava

 

Broker Tour | Knowing the Real Estate Market

Broker tour

Q. What is Broker Tour?

A. Broker Tour is a time when sellers make it easy for Brokers to see properties that are on the market.  The “tour” is a process by which brokers can look at properties without making prior arrangements.  In the Corvallis, Albany and Philomath areas the agents let themselves into homes that are pre-set; in some areas, like Lebanon or Sweet Home there is a “caravan” type tour that is rigorously scheduled and the agents group together and all go in a few cars at once.

Q. How does this process work? 

A. The listing agent sets the tour time up in the MLS system. In Corvallis, Philomath and Albany brokers “tour” on Wednesdays. The time of the tour is flexible, but most commonly around 9:00 am until early afternoon.  One of the nice features about the way we tour here is that we can flex a little and work around our client’s schedules and needs. Other areas have different methods, for instance in Lebanon the tour is more of a “caravan” with a list of pre-scheduled properties.  Additionally, some offices have an established “office tour” which may or may not be established as part of their office meeting agenda.

Q. Which properties are on tour? 

A. Tour is often comprised of the “new” listings for the week. Sometimes a “new” property  has been on the market for a while (days or even weeks) before it is scheduled for tour.  Sometimes homes that have already been on tour once are re-set for additional tours. Generally, those homes have had a “change” like in price or décor.  Occasionally, the first tour had a poor turn-out, so it’s re-set to give the brokers another chance to see the property.  It’s never a bad thing to let brokers have easy access to preview a property.  Broker tour is a little like “open house” just for agents.

Q. Why is it beneficial for brokers to tour?  

A. This is a chance to see the property and be familiar enough to discuss it with clients.  Sometimes, brokers tour with a specific client in mind, other times not. It is also a way to become familiar with the market, understand the various homes that are for sale and associate a price point with them.  This is also a social opportunity, brokers on tour often cross paths and has a chance to talk with colleagues, exchanging ideas and needs.

Q. Why didn’t more agents tour my home?

A. There could be any number of reasons why some agents didn’t tour. Often it’s because they have conflicts in their work schedule. It’s possible that they’ve seen the house (either on tour previously or even when it was on the market in the past).  Sometimes the time that is set is not practical or long enough to allow them to see every property.  Rural properties are often under-toured due to drive times etc.  There may have been a number of properties on tour and the volume made it impossible to see them all. Some brokers only tour if they have a client that may match a property, some never tour at all.

Q. What about a luncheon or give-away?

A.  A lot of brokers offer luncheons or give-a-ways with the idea in mind that more brokers will tour the home.  It’s my opinion that the brokers that need to see a specific home, make a point to visit with or without incentives. 

A New Resource for First Time Homebuyers

A New Resource for First Time Homebuyers

Coldwell Banker Corporation has just added a new resource for First Time Homebuyers to its web site ColdwellBanker.com.  The First-Time Home Buyer Resource Center includes videos, articles and tools to answer questions and guide new home buyers through the real estate search process.  If you’re thinking about buying a home for the first time in Corvallis, Albany, Philomath or for that matter, anywhere in Oregon or the U.S., this site would be worth a visit.

If you want to ask questions or need help buying your first home, Contact Dava.

What is Escrow?

My clients that are buying and selling homes in the Corvallis and Albany areas frequently, ask  ”What is escrow? Escrow Officer at Work

In general, “escrow” is the neutral third party that holds instruments (deeds or other documents that convey ownership); funds (or other items of value); or evidence of title for real or personal property.  In Oregon, the escrow agent is typcially a Title Insurance Company (but this does not always have to be the case).

In a real estate transaction, “escrow” is the neutral third party that holds the deeds, collects and disburses the funds and follows instructions on behalf of the parties to the transaction.

It is the function of escrow in a real estate purchase transaction to make sure that all the instructions (which are really the terms of the sales agreement and the lend, er instructions) are followed; that all bills are paid (through the instruction of the buyer, the seller or the lender) and that funds are disbursed (lender loan proceeds, seller’s proceeds and any excess monies deposited by the buyer to the buyer).

Escrow follows the instructions of the parties to the transaction to determine how proration of taxes and other re-occuring charges such as homeowner association fees are handled. Escrow also makes sure that appropriate parties such as taxing authorities, homeowners associations, water districts and so forth are notified when there is a change of ownership. Escrow does not typically notifiy public utilites of changes of ownership.  An owner that is selling should notify their hazard/homeowners insurance of the sale (but not until the sale is completed and the sellers proceeds are disbursed.)

Escrow is also responsible by law for the collecting of information and reporting of sales information to the state and federal government in the event of a possible income tax liability on the part of the seller of real estate.  It’s important that sellers and buyers understand the tax ramifications of their transactions prior to closing.  Escrow will send out questionnaires to be completed early in the process to help alleviate problems that can arise from tax consequences of a sale (such as FIRPTA and State and Federal witholding requirements), if for some reason you do not receive paperwork from the escrow company early in your transaction, you will want to check on it.

Escrow is not allowed to act independently.  In general, once a buyer’s earnest money deposit is “in escrow” escrow cannot release those funds without express instructions from all parties.  Escrow is not allowed to proceed with finalizing or cancelling a transaction without instructions from all parties.  If there is a dispute that arises from disagreements from any of the parties to the transaction, escrow must wait for instructions between the parties that are consistent before they act upon them.

It’s important the that escrow agent: be finanacially responsible (and have financial strength); have expertise in handing complex transactions; act in a manner to assure that payment of liens and other encumbrances is accomplished; provide single point of contact for coordination of flow of documents and funds; remains an impartial third party.

If you need more information or have specific questions I can answer, please get in touch. Contact Dava

Foreclosure Facts | The Local Story

The following are some “local” fact for the Corvallis and Albany, Oregon area and surrounding markets.

It’s very interesting to see a comparison between 2009 and 2010 figures for the number of foreclosures. Some communities have obviously been more impacted by job loss and down-turn than others.

I think this is a pretty good explaination of why the Corvallis market is a little more stable than some of the other markets and why it’s difficult for buyers coming from other regions of the country to understand our market. It also clearly demonstrates that there are some good buyer opportunites out there.

TOTALS            
               
Benton       2009   2010  
Total sales, incl. foreclosures (approx)      1004 – 1100        1109 – 1200
Total foreclosures   64   80  
Total foreclosures (Corvallis) 27   33  
Total foreclosures (Philomath) 9   17  
Total foreclosures (Monroe) 5   10  
Total foreclosures (North Albany) 15   17  
Total foreclosures (Other areas) 8   3  
               
               
Linn       2009   2010  
Total sales, incl. foreclosures (approx.)       1502 – 1700        1692 – 1900
Total foreclosures   330   453  
Total foreclosures (Albany)   135   173  
Total foreclosures (Lebanon) 87   139  
Total foreclosures (Sweet Home) 39   69  
Total foreclosures (Brownsville) 17   14  
Total foreclosures (Harrisburg) 20   22  
Total foreclosures (Other areas) 32   36  

Note: total sales has approx. a margin of error due to the way sales data is aggregated and stored by third parties

Information provided by First American Title

To Remodel or Not to Remodel, That is the Question…

I am often asked by my customers “is there a formula for determining how much I can expect to get out of a remodel?” (or how much can I spend on a certain improvement and still be safe?)


It doesn’t matter if you are a homeowner in Corvallis, Albany, Philomath or elsewhere in the Mid-Willamette Valley, homeowners all over the country  want to know “is it worth it to remodel?” and “will I get my investment back?”

Luckily, some guidance is available. Annually the National Association of REATLORS® and REATLTOR® Magazine and Remodeling Magazine survey and compile information about resale values and home improvement projects and publish a document called the Remodeling Cost vs. Value Report (2010-2011). This report is full of information about home improvement projects and their regional return on value.  

However, that question is not as straight forward as it may appear on the surface. The information in the report is helpful, but should not be the only resource or reasoning behind the decision making process. Each set of circumstances and each individual household needs to evaluate and decide on an individual basis.
There are other factors to consider. You might want to think about some of the following…

  • The location of the home (can you replicate the setting, neighborhood, lot amenities if you choose to sell vs. remodel?)
  •  Are replacement homes available that meet your needs?
  • Is it something you would need to address to sell anyway?
  • Can you handle the effort associated with a move?
  • Can you handle the effort associated with a remodel?
  • If you remodel will you get what you need out of the project and live with it long enough to reap the intrinsic value which may be more than the monetary value?
  • Is the project a bona-fide improvement, a cosmetic face-lift or decorating?
  • Would the footprint of the improvement (eg. room addition) take up so much lot space that the remaining yard area is inadequate or atypical for the neighborhood? 
  • Is the improvement very specific to your needs/tastes (hobbies often drive these kinds of remodels) or is it something that is easily resold, appealing to a broad market segment?
  • Are you interested in being more “green” and are making energy saving improvements? Energy costs can sometimes help offset remodeling costs, but it often takes years to fully recoup.  Are there tax credits available for the type of improvement you are considering?
  • Is there a medical reason for making the changes? If the improvement enhances your (and/or your households) ability to fully enjoy the property…
  • Is what you are changing already so functionally obsolete that it would not appeal to a large segment of the homebuying market and/or is it unsafe?
  • Are you using existing space that would sacrifice the function of another room?
  • Are you relatively sure that your housing needs are stable?

Sometimes the amount of money spent on a remodel will generate a strong, nearly dollar for dollar because of the nature of the project or because the existing space is so bad it has an adverse affect on the value of the home.  So there is really no question that the project can be left ”as is”, the only question is the depth of the remodel (very dated kitchens and baths often fall into this category). 

Conversely, it is possible to become involved in remodel projects that don’t generate a good fiscal return because they are very specific and/or high cost materials have been used in a location/neighborhood that doesn’t return high-cost (also known as an over-improvement.)

It is possible with careful shopping, realistic planning and the right project to make improvements that will return positive results that meet your goals.

To some degree, the timing and the current market conditions will have some influence on the return of expense on a remodel project.

There is no “right answer” to any of these questions.  Each project should be evaluated on a case-by-case basis and in light of the needs of the homeowner in question.  It’s a matter of balance and personal preference. 

I’d be happy to visit with you to discuss your project and needs. I’d be happy to provide your with information about what’s typcial for your neighborhood, current trends and price ranges for similar homes.

Coldwell Banker Valley Brokers–First Annual Winter Twilight Tour

Please join us for our first annual Winter Twilight Tour.

The agents of Coldwell Banker Valley Brokers will be hosting a festive winter themed Twilight Open House Tour this Sunday, December 19th, 2010 from 3:00-6:00 pm.  I have 3 homes open this weekend and have staged them specifically for this event, a fun and creative challenge.   

My listings that are open are:   

5168 Springhill Drive NW, North Albany5168 Springhill Drive NW, in North Albany–hosted by Dava Behrens   

  

 

  

1730 Grandview Drive NW, in North Albany–hosted by Matt Gerst   

  

  

4914 NW Lavender Circle, Corvallis, OR 4915 NW Lavender Circle, in Corvallis–hosted by Ana Norlander   

 

 

All are beautiful properties and offer different amenities and price ranges.   

December 19, 2010 from 3:00-6:00

Twilight Tour all open homes

Home Prices Have Already Hit Bottom

An interesting item in DSNews: Economists Say Home Prices Have Already Hit Bottom

I’m glad that a panel of economists could read the writing on the wall:

 “When it comes to the distressed side of the business, it’s become clear that the nation’s high level of unemployment is now one of the primary triggers of default among struggling homeowners. Getting more people back to work is key to a recovery in housing and getting a handle on still-rising delinquency numbers.”  

Home prices in some markets have hit the floor, some may be rebounding and some may still experience a dip, it has a lot to do with what the local (key word here is “local”) economy is doing including housing inventories, the job market, business growth, and potentials for lender owned properties to come into the market (affecting inventory).

Locally, there are vast differences between markets that are virtually contiguous. For example, Albany and Corvallis have vastly different economic profiles. Philomath is a community adjacent to Corvallis; it’s small and often gets overlooked in “searches” (Realtor.com, Zillow, Trulia, and other real estate search sites.) One does not “compare’ properties in these differing markets against each other when attempting to establish a market value.

Job availability and types of jobs, growth rates, volume of new construction during the “boom” (which added to inventory), profile of homes built, price appreciation during the “boom”, supply and demand (including supply and demand for rental properties), homeowner and home buyer demographics all play into the availability, pricing and negotiability of prices. 

Further, “The group of economists is projecting gains in home prices of 1.2 percent over the course of 2011”, I personally find it inappropriate to make sweeping comments about “home prices”.  There is no “national real estate market” it’s all local. Saying there’s a “national average home price” or a “national median home price” is a little like saying there’s “a national average temperature” or “a national median temperature”.  Those kinds of statistics are a method of measuring change, but one should not take the figures and attempt to apply them to any specific market. 

Consumers, either Buyers or Sellers, looking to enter any market are best served to research that market, taking into consideration the local economy and local housing market prior to drawing conclusions. Investigate communities near-by. Good values can be found in surrounding communities. Don’t assume that the market where you are going is similar to the one from which you are moving. Let’s all just know that the key to any recovery is the strength of the local job market and get on with the business of living.

I’ve Been Thinking…About the Real Estate Market

I’ve been thinking1…

… and I’ve noticed an interesting trend as it relates to the business that I’ve closed so far this year. Approximately one-third of the transactions I’ve closed have been with investor buyers. Wow! This is a significant jump over prior years and says that the market is ripe with opportunity for those willing and able to take advantage.  These “investor buyers” include buyers that I represented and/or buyers who purchased listings in which I represented the seller.   Most of them are investors in the purest sense of the word—buying to rent the property out and then reap the benefits of positive cash flow, tax breaks and anticipate long term appreciation.  A few have different motives altogether and are buying now as an investment in their future—planning for retirement or other life events.
This group of real estate investors are buying in a market where the properties are more affordable than they were, where interest rates are at record lows and where there is inventory to choose from.  It then follows that if the investors are out there taking advantage of the market, so should the non-investor  (typical homeowners) who may be anticipating lifestyle changes or other needs. 

 
If you are anticipating a change in your housing needs in the near or not-so-near future, perhaps now is the time to develop a plan toward meeting your personal goals – whether you are anticipating the need for buying or selling, I’m available to help you with on-going assistance toward meeting those goals.

1about my real estate business in Corvallis, Albany, Philomath and the mid-Willamette Valley.