Tuesday, August 19, 2008

TIC: Due Diligence on a Sole Owner Property and its Importance - Part 1

The TIC investment is one that has become widely popular, especially over the past few years in particular. Before you can really appreciate the benefits of the TIC exchange properties, it is important that you take the time to become educated and that you understand what a TIC property actually is.

TIC: Due Diligence on a Sole Owner Property

TIC due diligence on a sole owner property is basically the alternative to having the sole ownership of a real estate property but with the same benefits. The advantage is that you will be able to have an investment at a fractional ownership of said property.

When you, the investor, wants to complete a TIC exchange in order to take advantage of the benefits but you want to avoid all the trouble that comes with acquiring another property, then the TIC 1031 may be the perfect solution for you.

Wednesday, August 13, 2008

Understanding the TIC: Closing Risk - Part 3

It is very important to understand risk such as the tic: closing risk when you are making an investment and also to assess your own risk because every investor’s risk is different. The economic risks are often the most dangerous with a TIC investment, and these are the risks that are associated with economic timing.

It is here where you need to assess the extent to which the economy is growing or accelerating its pace of growth or the reverse, and then decide whether or not it is a wise time for you to make this investment. There is also the extreme market risk that investors must be concerned with, and this involves valuation, technical conditions, economic issues, as well as sentiment.

Keep in mind that too much risk can be ameliorated by doing things such as raising cash and reallocating to lower betas.

You can and should discuss all of this with a qualified tax consultant, who will be able to work together with you, explain all of the technical information and details to you, including the TIC: closing risk, and help you and your investor partners to decide whether this is going to be a wise investment for you to make.

Understanding the TIC: Closing Risk - Part 2

TIC: Closing Risk

There are a few issues surrounding TIC: closing risk that should be understood. For one, TICs are complex investments and so they are not suitable for all investors. Just because someone you know may have a TIC investment and it is working well for them, this certainly does not mean that it will be as rewarding for you.

There is also the fact that even if an investor qualifies as accredited then this investment may not be suitable based on the person’s risk tolerance and as well on their investment time horizon. The TICs also come with very unique fees and expenses, which is just something else that you will want to consider.

Understanding the TIC: Closing Risk - Part 1

A TIC investment is an investment that allows the average owner of appreciated real estate to sell their property to a third property and exchange into an undivided interest in an institutional quality asset. TIC investment replacement properties enable the average investor to participate prominently in the real estate market and potentially receive great profit as a result.

As with any investment, it is important that you be aware of the different risks that are possible with a TIC investment. The TIC: closing risk is one of the most common and detrimental risks that an investor can experience, and is therefore one of the most important to be educated on.

Information on TIC: Closing and Pre-Closing Documentation - Part 5

You really want to make sure that everything is properly in place and never rush through with something like this. Every detail needs to be in place, checked and double checked in order to make sure that everything is ready to go through.

There are many benefits that you can receive from a TIC, and it is definitely an investment that is worth checking into, especially if you are interested in purchasing real estate of any sort and making as large of an investment as possible.

Information on TIC: Closing and Pre-Closing Documentation - Part 4

TIC: Closing and Pre-Closing Documentation

You will first need to get yourself a real estate broker, who will help you through the PPM documentation and who will prepare the TIC: closing and pre-closing documentation for you. They will also assist you in listing, marketing, and selling your relinquished properties in order to free up your trapped equity and help you to acquire more profitable properties.

The TIC: closing and pre-closing documentation may take a while to complete for a couple of reasons. For one, they are going to want to make sure that they do not miss anything as this could end up having serious repercussions.

Information on TIC: Closing and Pre-Closing Documentation - Part 3

Benefits

There are many benefits that are offered by a TIC, including that cash flow is generally paid monthly and is tax sheltered, that national real estate companies that structure these TIC programs acquire, manage and sell the TIC properties and that they provide the flexibility that is needed to avoid the taxable boot.

Information on TIC: Closing and Pre-Closing Documentation - Part 2

What is a TIC?

The first step is to understand what a TIC actually is. A TIC is a form of holding title to real estate, and allows the owner or owners of the property to own an undivided interest in the entire property. TICs are one of the most preferred investment vehicles today for real property investors who want to gain as much as possible and put themselves at the least amount of risk.

Information on TIC: Closing and Pre-Closing Documentation - Part 1

TICs can seem quite complex to the newcomer to the game, but once you get the hang of them they are really pretty simple. There are a few steps in particular that are important in the TIC process, one being the tic: closing and pre-closing documentation step.

The TIC: closing and pre-closing documentation step is basically the step immediately preceding the very last step, which means it is the second to last step before the deal is closed and before you finalize your property purchase.

The Biggest TIC: Cash Flow Risk - Part 3

Advantages

It is also important to understand the advantages of the TIC, because there are many, and in most cases the benefits far outweigh the possible TIC: cash flow risk issues.

TICs offer investors an easy way to diversify their real estate holdings, and also, because most TIC properties are investments in Class A or Class B buildings and are often located in central business districts or other important and busy areas, an investor may realize a higher quality investment through an improved tenant profile.

The cash flow is generally paid monthly which is obviously nice, and as well because the minimum equity requirements can be as low as $100,000, and this means that the investor can invest in multiple high quality, institutional grade properties.

The TIC ownership is an extremely popular choice among real estate investors around the world, and definitely one that you should consider if you are a real estate investor yourself. TIC investments enable you to replace your exact amount of equity and debt from your relinquished property for your 1031 exchange and so this can definitely be one of the most profitable investments you ever make.

The Biggest TIC: Cash Flow Risk - Part2

TIC: Cash Flow Risk

There are a few different issues that need to be understood when it comes to the topic of TIC: cash flow risk. For one, the qualified intermediary cannot distribute the tax-deferred like-kind exchange funds if the disbursement would violate any early release provisions. As a result, there may not be much profit, and possibly even a loss.

There is also the fact of the higher minimum investment amount which is required here, and because of this investors may lack sufficient equity to purchase multiple properties. Only with multiple properties can you really ever make a significant profit, and so this can definitely be a risk.

Because of the TIC: cash flow risk that is present, there are certain things that investors should do to control the risk as much as possible.

The Biggest TIC: Cash Flow Risk - Part 1

TIC, or Tenants in Common, is basically a way of sharing ownership of property among two or more people, and is one of the most popular investments in the world of real estate today. With this investment, each of the tenants involved holds an interest in the specific property, and tenants in this ownership may be established in many different ways.

There are many benefits that come from owning property as TIC, but it is also important to be aware of the risks that are involved, such as the TIC: cash flow risk.

What is a TIC: Call Agreement? - Part 4

As for risks, this includes capital call potential, transaction expenses, closing, limited control, and non-recourse loans.

It is important before going through with a TIC: Call Agreement that you take the time to be aware of all these advantages and risks, and ensure that it is going to be a smart decision for you. The best idea is to speak with a tax consultant beforehand, who is experienced and knowledgeable in this area to assess your current situation.

They will be able to ensure that you understand all that is involved and that you will be profiting in at least some way by going through with the TIC: Call Agreement before you enter into it.

There are many different investments to choose from but this is definitely one that holds numerous beneficial offerings.

What is a TIC: Call Agreement? - Part 3

Advantages and Risks

As with any other investment, there are certain advantages and risks that are going to be involved with a TIC: Call Agreement. A few of the advantages include pre-arranged financing, increased potential for cash flow, flexible size, professional management, and investment diversification.

The increased potential for cash flow is one of the most major and most favored advantages, as many investors have owned property for years and are still not earning a decent rate of return on their equity. Also, most of the sponsors of this loan have internal management departments, and property management services are a component of the offering.

What is a TIC: Call Agreement? - Part 2

TIC: Call Agreement

It is important to be aware of the structure of a TIC: Call Agreement. Basically there are three different types of TIC: Call Agreement structures, which are: direct sell, master lease, and the put/call structure.

The direct sell structure can only be used when there is a single exchanger, and the master lease which is much more commonly used, holds a lot more advantages. Under this structure, owners of a TIC are paid a fixed rent, with possible annual increases as well.

Finally there is the put/call structure, under which a co-owner is able to issue an option to purchase its undivided interest.

What is a TIC: Call Agreement? - Part 1

A TIC is a form of vesting title to property that is owned by any two individuals together but who are unmarried. Each tenant in common owns a share of the property and each tenant is entitled to a comparable portion of the income from the property. As a result they must bear an equivalent share of the expenses involved.

Tuesday, August 12, 2008

Tenancy In Common Attorney To Destroy The Venture - Part 3

Methods in Terminating a Joint Venture

Your tenancy in common attorney can give you the options you need to terminate a joint venture. One option includes an open agreement with your co-owner to sever the venture, giving each an ownership of a share of the property according to the percentage of your investment.

Another method given to you by your tenancy in common attorney is through judicial partition. This option will divide the property according to the stipulated agreement depending on each of their shares. Another method would be to sell the property itself and the proceedings and profits will be distributed to each of the co-owners.

Ousting is also one method of terminating a joint venture with an individual in a tenancy in common. Ousting will automatically terminate the tenancy in common when one or more co-owners are dispossessed of the property in question. Followed by this option are legal proceedings when the ousted party will demand their rightful share of the investments, as well as the profits.

Tenancy In Common Attorney To Destroy The Venture - Part 2

Tenancy In Common Attorney

A tenancy in common attorney can help individuals in creating a joint venture, or getting out in one. Especially in the field of legalities, it is very important to have someone knowledgeable on your side about the intricacies of state laws and regulations regarding joint ventures.

There are plenty of ways to get out of TIC, and these professional can provide methods to get it done. The tenancy in common attorney can advise you regarding the gifts or sale of the tenancy in common through interests or the process of judicial partition. Also, since the share in the venture is very important, the tenancy in common attorney can help you get your fair share of investment and profit depending on the percentage stipulated in the contract.

Tenancy In Common Attorney To Destroy The Venture - Part 2

Tenancy In Common Attorney

A tenancy in common attorney>/a> can help individuals in creating a joint venture, or getting out in one. Especially in the field of legalities, it is very important to have someone knowledgeable on your side about the intricacies of state laws and regulations regarding joint ventures.

There are plenty of ways to get out of TIC, and these professional can provide methods to get it done. The tenancy in common attorney can advise you regarding the gifts or sale of the tenancy in common through interests or the process of judicial partition. Also, since the share in the venture is very important, the tenancy in common attorney can help you get your fair share of investment and profit depending on the percentage stipulated in the contract.

Tenancy In Common Attorney To Destroy The Venture - Part 1

Joint venture in real estate is the current trend in this type of business. Many investors have realized that the risk in going into a real estate acquisition, whether for business or commercial, comes with its own financial problems. In order to minimize this problem from occurring, many individuals in the industry are going in Tenancy in Common (TIC) with their partners.

Tenancy in Common allows each individual in the acquired property to have their own shares according to the percentage of their investment. It is not necessary for these shares to be equal; it all depends on the amount of money that they put into the venture in acquiring the property. Each individual will contribute according to their shares regarding expenses and possible refunding of the property in question. This minimizes the risks since the investments are distributed among many, with the event of the problems occurring being lessened.

What is a TIC: Attorney Opinion Letter? - Part 3

Pros and Cons

In general, it is important to be aware of the pros and cons of something before going through with it, and the same rule applies to the TIC financing option. There are a lot of different factors that one should consider when purchasing a TIC. Whether there have been any evictions on the property they are considering, how long the current TIC partners have been in place, and how many units are in the building, for instance, are all relevant and very important to take into consideration here.

Although they do hold many benefits, TICs are also quite risky, and are subject to changes in legislation that could offer a negative blow at any point. Because of this it is important for anyone even just considering investing in a TIC to make themselves more educated and to speak to a professional in this area so they can get help in deciding whether this is going to be a smart financial move for them or not.

What is a TIC: Attorney Opinion Letter? - Part 2

What it is

Sponsors here obtain legal opinions from their own law firms, stating that the TIC interests they are selling are interests in real estate, rather than securities. The client can then use this opinion and rely on it, and can even seek to obtain damages from the party that gave the opinion if any of it proves to be false or if the opinion turns out to be incorrect in some way.

TIC promoters and investors in TICs should exercise all the caution and prudence that they can, in order to best protect themselves and also to ensure that the entire process goes through as smoothly as possible. There are many ways that one can do this, one being that if the Master Lease arrangement should be used to avoid the prohibition on the use of a single name.

In this and similar cases, a TIC: attorney opinion letter should be obtained in order to negate any possible tax penalties.

What is a TIC: Attorney Opinion Letter? - Part 1

One of the most important components of any TIC investment is the TIC: attorney opinion letter. Most PPMs of securitized TICs will, or at least should, include the TIC: attorney opinion letter, and so it is something that all investors and potential investors should be aware and understanding of.

What it is

The TIC: attorney opinion letter is used in particular situations. Occasionally, TIC interests are treated as real estate rather than as securities, and in this situation a TIC: attorney opinion letter can be used.

The Guidelines of a TIC: Agreement - Part 3

Problems

There are also a few problems that come with the TIC: Agreement however, and these problems can easily become very complex. One of the biggest problems is that this agreement does not cover current issues, and even worse, if the persons involved do not have any agreement at all then neither will be covered and serious liabilities and expenses may occur as a result.

By being aware of both the pros and cons of this agreement before getting into it, people will be more prepared and also more understanding on what they have available to them. In summary however, these investments do offer many huge advantages, which should definitely be taken into consideration by potential investors.

The Guidelines of a TIC: Agreement - Part 2

Advantages

There are many advantages that people sharing property together holds from having a TIC: Agreement set into place. For one, ownership of a TIC: Agreement allows the investor to own a fractional interest in a large, institutional-grade investment property.

One of the major advantages of this agreement lies in the potential it offers for tax-free exchange treatment. A taxpayer can use a TIC investment as either relinquished property or replacement property in a qualifying tax-free exchange.

There is also the option of reselling interest in a TIC investment, because significant value could result from this decision. It is important, especially for anyone not completely educated on the agreement speak to a tax consultant or other knowledgeable professional in this area who will be able to help them decide whether or not this is going to be a smart move for the

The Guidelines of a TIC: Agreement - Part 1

A TIC: Agreement, or Tenants in Common Agreement, is an agreement that is used to establish the rights of people who own property together but who are not related by marriage. Any people who own property together but who are unmarried are considered as being tenants in common, and the TIC: Agreement is then used to cover them and to consider an entity, the property, that they own together.

There are certain issues that should be covered by this agreement, including the division of property into individual and group shares, formulas for determining each owners’ monthly payment in advance and periodically adjusting the amount, and provisions defining when a default has occurred and to then describe remedies to solve the problem.