There are several ways to close on a property that’s been flipped, and four
of them are described here: collapsed closing, one closing, assigning the
contract, and putting the property under option.
Collapsed closing
Here’s how a collapsed closing works. You’re buying a property for
$200,000 and the lawyer deeds the property from the seller to you. At the same
moment, there is a deed and closing statement from you to the end buyer. The
buyer comes in at 3:00 P.M. with mortgage money of $250,000. The funds are wired
in or the buyer has a cashier’s check and gives it to the attorney. The attorney
takes the money and finishes the paperwork, then goes to the next room at 3:30
P.M. and gives the seller $200,000, pays off the liens, does the closing. A deed
passes from the seller to you and from you to the buyer. The seller doesn’t care
what the deed says. He or she is interested in getting his $200,000. And you get
$50,000 for being in the middle.
Wait a minute. We’ve got a problem. The seller paid all the closing costs of
$2,000 for one transaction, and the buyer paid all the closing costs of $2,000
for the other transaction. Any excess closing funds should to you, but you left
out a statement to ensure that in your contract. So the closing attorney has to
follow contract law, stating there are two deeds and only one title insurance
and there is double money here – another $2,000. What do you tell the lawyer to
do with it? Read the contract. You just made $2,000.
One Closing
The other standard way is called one closing. There is one deed from
the original seller to the end buyer; you are not in the deed. (That’s
preferable because mortgage companies don’t endorse a property going from one
person to another person in a day or a week.) the deed goes from the seller for
$200,000 to the buyer for $250,000, and you get the difference. There is one
closing statement, and you get a finder’s fee.
Some mortgage companies don’t like a middle person; they want the property to
go from one person to the other without a flip fee. The process can be subject
to fraud. Instead of getting a flip fee, call it a finder’s fee, consulting fee,
marketing fee, or some other fee that comes off the back of the closing
statement similar to liens, taxes, attorney’s fees, title fees, and survey fees
listed in the closing statement. Now it says that a $50,000 fee, to you or your
company name, is for finding the deal.
If that doesn’t work, you can get the original seller to sign a debt and put
a lien on the property for $50,000. the lien has to be paid off in order to pass
title to the end buyer, so your finder’s fee becomes a lien and comes off the
back of the closing statement. Banks and mortgage companies generally don’t care
what comes off the back. But they don’t want to see you buy a property for
$150,000, which then goes to me for $200,000, and finally to a third party for
$250,000, all within a short period of time. Instead, do a collapsed closing and
take it as a fee or a lien off the back of the closing statement. Let your
attorney help you out with that; that is how you get paid.
Assign the Contract
A better way to flip properties is to assign your contract. You have a
contract to buy it from the seller for $200,000, and the buyer is willing to pay
you $250,000, so have the buyer purchase your contract and you get $50,000. The
wording says, “I assign this contract, the right to buy the house for $200,000,
to you.” Have you ever heard of the option market in stocks? There isn’t any
liability involved; the buyer simply bought your contract, just as people buy
and sell the right to buy and sell the stocks. About a billion of them go around
a day. You can do it with real estate.
Who Handles the Paperwork?
I always get a real estate attorney involved because if there’s a mistake,
that person is on the hook, not me. A lot of investors and seminars suggest you
do your own paperwork, saying, “Here’s a copy of this form; just fill it in;
it’s so easy.” But I never do it because I don’t do legal documents every day.
What if I miss a sentence, or what if there’s a new law passed a month ago? I
want to work with an attorney who does this kind of paperwork every day.
Put the House under Option
One of my students never signs a contract to buy property; he thinks it’s
risky. He does between a half million and $1 million a year flipping properties
by working the courthouse angle: He finds all the estate sale, probates, and
foreclosures and puts them under contract and flips them. He has never owned a
property, never hired a contractor, never borrowed any money. He’s been doing
this for six years. He simply flips, flips, flips.
His preference is to put the properties under option. The contract
states, “I’ll give you $10 for the right to buy the house for $200,000; I option
it.” That means he sells the option to the end buyer and lets the title company
close it. If he doesn’t end up buying that property, all he loses is $10.
You could make a fortune just doing options. For example, you option to buy a
hotel for $10 million and then find someone who will pay $11 million and buy
your option. You step out of it at the closing gong.
Pros and Cons
The good news about wholesaling is that it’s fun; if you do it right, you
really have little risk and you don’t need any capital. You may need a little
earnest money every now and then, but you don’t really need serious money to
start. Also, it’s profitable.
Now here’s the bad news. When you flip something, you make a nice profit,
then you’ve got to flip something else; you’ve got to keep doing it, like sales.
If you don’t sell something next week, you don’t get paid (unless you have set
up some source of residual income).
Another disadvantage about wholesaling properties is taxes. If you buy and
sell chairs and make a profit, you have to pay your normal income tax rate on
whatever you make after all the expenses, plus you have to pay a self-employment
tax, which is about 14 to 16 percent of what you make. When you work for a
company, the company takes half of the taxes out of your paycheck and you pay
the other half. So the government is going to get its 14 or 16 percent whether
you work for somebody else or whether you work for yourself.
If you buy property (or anything else) with the intention of selling it for a
profit, you’re self-employed and charged a self-employment tax above and beyond
your income tax. The way to reduce some of that is to write off everything you
legally and ethically can so that on paper you can show less income and thus are
taxed on less. If you decide to form a corporation that flips properties, then
you can let the corporation writes off things like business-related meals,
travel, equipment, and driving expenses. Instead of paying out salaries, your
corporation may pay out dividends, since dividends generally are taxed at a
lower rate than salaries. Talk to your accountant. You could have lot of money.
Don’t forget to get a good accountant who understands real estate.