May 2011 by James Joseph

Investment Property Update THE ONE SOURCE FOR ALL OF YOUR INVESTMENT PROPERTY NEEDS

In This Issue Exciting News 2 Interview 2 Listings 4 Laws 6 Directory 7

Featured Article Easement & Enroachments. The difference between the legal and illegal use of your property. See Page 6.

Visit Jim’s Blog for up to the minute real estate information at www.jjipu.blogspot.com Become a Fan of the Investment Property Update on Facebook.com

ISSUE #1107.03

A Global Reach 21 Japan for over twenty-two years and I can tell you that the Japanese real estate buyer PREFERS to work with Century 21 because they know the brand. I remember picking up a friend from the airport a few years ago and chuckling as his son, spotting a Denny’s restaurant, said to his father, “Dad, they even have I was born and raised in Denny’s here in America!” For him, Tokyo, Japan by Christian parents Denny’s was a brand that he knew who are still missionaries there to- and felt comfortable with, and he day. After eighteen years with them, thought it was a Japanese brand. Century 21 is now in fortyI left Japan and came to La Mirada three nations. Chances are the to attend college. Because I had buyer who is willing to pay you the spent so much of my life in another country, I felt like a foreigner in the highest price and give you the best States. I even remember taking my terms is a foreigner. That buyer real estate exam and not knowing may come from Mexico, England, some of the English words in the text. Japan, Germany, or one of the other I joined Century 21 in 1981 thirty-nine nations in which Century and started my career in the real 21 is present. Buyers are looking estate business. Shortly after that I overseas for better returns just worked for corporate headquarters like many Californians are looking as a translator to help bring Century across state lines for the best deals. I think it is wise to put properties, 21 to Japan. The idea of marketing real such as your apartment buildestate with an eye to the global ing, within reach of those buyers. When you hire me you buyer has always seemed natural to me. When we travel overseas will get marketing on a level that and want to purchase an item, cannot be matched. Not only will have a meal, or need some help your apartment building be seen (whether we admit it or not), we by your local apartment owners, by prefer brands that we know. They those in your region, and by buymake us feel comfortable and reas- ers statewide, but it will also be sure us as to our expectation of the marketed nationally and globally. Perhaps one of my gold-jacklevel of services we are to receive. Real estate is no differ- et colleagues in Japan may make the ent. I have worked with Century best bid for your apartment buildBy James Joseph Century 21 Ambassador Apartment Specialist DRE#00819837 (800) 874-0715

ing when you are ready to sell. What do you have to lose? Why deny yourself the global component of apartment building marketing? What if the buyer who would pay you the highest price and give you the best terms right now is ten time zones away, sitting across the desk from a Realtor with a Gold Jacket and looking for an apartment building like yours? Don’t you think you owe it to yourself to make sure that your property is at least available to that buyer? “Not only will your apartment building be seen by your local apartment owners, by those in your region, and by buyers statewide, but it will also be marketed nationally and globally.” I encourage you to make sure that when the time comes to sell your apartment building, your REALTOR has a plan to market to buyers overseas. I can make sure that buyers in forty-three countries know that your apartment building is open for bidding. Feel free to call me at (800) 874-0715, or contact my assistant via e-mail at lisa@josephapartments.com. Visit me at josephapartments. com and jjipu.blogspot.com.

By Candy Livesey

Century 21 Ambassador Property Management Director

Los Angeles County 15201 Leffingwell Rd. Whittier, CA 90604

THE ONE SOURCE FOR ALL OF YOUR INVESTMENT PROPERTY NEEDS

Investment Property Update

How to Get Sued: Sure-fire Methods to Destroy Your Rental Property Value

My past articles have concentrated on ways to improve your property, increase the value of your asset and to inform you of landlord/ tenant laws. Professional property managers assume all landlords want to be successful, earn more money, and to provide a valuable service to the tenants living

in their rental properties. For those landlords that do not strive to provide a valuable service to their tenants, for landlords that want to ensure that their property decreases in value, for landlords that want to avoid success and lose money, for landlords that want to make sure drugs and drug dealers are welcome to live in their rentals and for landlords that enjoy spending money on attorney fees and court costs, this article will give you the strategies to obtain those goals and to succeed beyond what you thought possible. 1. There is no reason for landlords to know what his rights and responsibilities are under the law, even though the landlord/

tenant affiliation is a business governed by law. Therefore, totally ignore all of your landlord rights and duties under the laws of the state and federal government. “While most other landlords strive to have a thorough working knowledge of landlord/tenant laws to avoid losses and to read the warning signs of impending problems, you can just ignore how the law works in landlord/ tenant matters.”

By ignoring such laws you can claim ignorance, and hire your attorney at the last minute to rescue you and pay your attorney to join you for

lunch when you spend the day in court. 2. Landlords save a lot of money by making all repairs with a bottle of spray foam sealant. Although repairs and maintenance are one of the largest expenses for landlords, just imagine the huge savings if instead of painting or replacing broken or worn out items, you simply spray a burst of foam sealant on them. There is no need to hire a contractor and you just carry a can with you at all times. What could City Code Enforcement Officers, Fair Housing, renter’s rights organizations or your tenant possibility do to you anyway? What you don’t know can’t hurt you. 3. Always tell your tenant everything he needs to know; therefore you don’t need to put anything in writing. Oral agreements are more reliable, as you can attest to the fact that

continued on page 3

TRAVELING WITH THE IPU Julia Lee at a Buddhist temple in Tokyo, Japan. Thanks for taking us along, Julia! Take a photo with the IPU on your next trip, and either mail or e-mail us a copy. Email your photo with “Traveling with the IPU” in the subject line to: ipu@josephapartments.com. Or you can mail a copy to Century 21 Ambassador, Attn. Michael, 15201 Leffingwell Rd., Whittier, CA 90604. We can not return your photo, so please send a copy.

Vendor Interview

INVESTMENT PROPERTY UPDATE

Exciting News

By James Joseph Century 21 Ambassador Apartment Specialist DRE#00819837 / (800) 874-0715 After being on the internet since 1995 and surfing the web with one foot in the water, I believe I have finally stumbled across a very exciting tool that will allow me to communicate with you better. As you read this, pick up your newspaper and go over to your computer. Are you there yet? Good. Now open up your browser and type in www.jjipu.blogspot.com. I’m in no hurry, so take your time. Are you ready? Great. When the site opens, you will find everything you need to know about real estate locally, regionally, statewide, and nationally. I have assembled the world’s greatest media sources onto one page, and I’m calling it the Drudge Report or the ESPN.com of real estate. This is your one stop shop. Everything you need is here. I can promise you that spending five, ten, fifteen minutes every day on this site will update you on everything you need to know about your apartment investment. Rather than spending a small fortune buying all of the real estate publications out there, and rather than wasting time in front of your T.V. set waiting for the commercials to be over so you can hear the latest real estate news, you will be able to read all the latest bits of data regarding real estate in one sitting, on one website. I’m very excited about this. Finally I’m able to provide for you, my client, everything you need. There are a couple of interesting features. • A mortgage calculation table (You punch in the rate, the length of time of loan, and the loan balance, and right in front of you will be a very attractive amor-

tization chart.) • A chart showing the direction of current interest rates • Business Week real estate articles • Wall Street Journal real estate articles • New York Times real estate articles • Los Angeles Times real estate articles • Orange County Register real estate articles • Much, much more. I’ve accumulated dozens of publications that you respect and admire, and which provide you with information pertaining only to real estate. I hope you are as excited about this as I am. On the left hand side are my blog posts, which are short articles about my thoughts on the business. If I find an article that is relevant or interesting, I’ll post it and comment on it. I read three papers a day and when I travel I’ll read dozens of publications. I always come across articles and think to myself, “I wish I could share this with my clients.” Since this publication goes to thousands of apartment owners in Southern California, there’s no way I could do this . . . until now.

“You will benefit not only from all of the major newspaper and television sources, but alos from my own collecting data as it pertains to the eal estate industry” There is no doubt in my mind that spending a few minutes on this website every day will give you everything you need to know as you navigate the ups and downs of the real estate in-

dustry. More importantly, you owe it to yourself to invest a little bit of time on this one single website and efficiently accumulate all the data you need. You will find yourself forwarding incredible articles about the real estate industry to family, friends, your CPA, your tax attorney, your real estate advisors, and you will become the most knowledgeable person in your sphere of influence when it comes to real estate. And if that wasn’t simple enough, you can also subscribe to the blog. On the right hand side of the blog, third from the top, you will notice a place to enter your email address. If you enter your email address and then type in the corresponding letters when it prompts you, you will have my updates three-times a week delivered directly into your email box, reminding you to check the headlines. Before you put this newspaper down, go on the internet, type in www.jjipu.blogspot.com and open yourself up to an entirely new way of receiving critical real estate data that you need. My job is to find great real estate properties for you to consider and to market your apartment building when the time is right for you. If you have any real estate needs, I’m only a phone call, a click, or a visit away. When you think of finding a buyer for your apartment building, or when you think of looking for an apartment to buy, please contact me. I would love to be able to handle your investment needs. Sincerely, James Joseph

If you have any questions, call (800) 874-0715

Interview with Downstream Exchange

Answers by Derek Philips / (800) 743-1031 Interview by Michael Dinsmoor Q: How long have you been in the tax deferred exchange business? Derek: As a company, we’ve been in business since 1979.

dent of our company is a CPA with two Masters Degrees, and he specializes in real estate transactions. This means we can give clients more information than most other exchange companies are able to give. Only tax professionals are able to give tax advice. Other companies may employ CPAs and Attorneys, but they won’t be the people you’ll talk to on the phone. For difficult tax and legal questions, most accommodators will refer your questions to the client’s CPA or attorney. At Downstream, the people you are talking to are CPAs and attorneys.

Q: What did you do before you worked for Downstream Exchange? Derek: I worked at EarthLink supervising a customer service and technical support team. Q: What makes Downstream better than other exchange companies? Why would a client want to do business with you instead of any other exchange company out there? Derek: At Downstream Exchange, most of our accommodators are also attorneys and real estate brokers, which sets us apart from other exchange companies. Furthermore, the presiIssue # 1107.03

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Contact James Joseph today for your investment property needs!

At Downstream, everything you need is all in one place. Q: How do I know you’re not just going to take my money and run? Derek: Besides our sterling reputation, you can be certain we won’t run away with your money because we’re not a young company. We’ve been in business since 1979. Also, we have more to lose. Since

“Using an accommodator is a ‘safe harbor’ for an exchange under the regulations. Accommodators can prevent the mistakes that complicate the process of the exchange and could cost you money.” the majority of us have professional degrees, there are greater ramifications for us if we try to take your money and run. I could be disbarred, the DRE could come after me, etcetera. I’d be completely ruined for the rest of my life. Q: Are you fully bonded? Why is that important? Derek: Yes we are fully bonded, and

Phone: 562.236.0088

continued on page 5 Email: Lisa@cent21.com

INVESTMENT PROPERTY UPDATE

continued from page 1

you told your tenant in person, face-toface. Just thinking about all of the terms and conditions of your rental agreement is good enough. When rental agreements are not in writing, and made orally, all you have to do is tell the Judge what he wants to hear (you can fudge a little and the judge will certainly always believe you, right?). 4. It is cheaper to let your tenant make repairs and to paint the rental unit for a small rent deduction. First of all, tenants prefer to paint their walls fluorescent green with black stripes, and that color combination will surely attract new tenant’s to the property. Also, fluorescent paint brightens up the room and landlords won’t need to put light bulbs in each light socket, therefore saving the costs of additional light bulbs and electricity charges. Should the tenant fall from a ladder while painting the ceiling of the rental unit, you have no worries about liability or being sued. According to your personal rules, landlords don’t have to provide Workers’ Compensation insurance to tenants. That is why you only rent to tenants with regular jobs so the tenant’s employer will provide medical insurance to cover their medical costs. Landlords only need Workers’ Compensation insurance for their employees and certificates of Workers’ Compensation Insurance from service providers. When you give a rent allowance to a tenant, it is always far less than having to hire an employee at minimum wage. It will also save the Landlord time having to inspect the Issue # 1107.03

PROPERTY VALUE

work done by an outside contractor. As long as the tenant is happy, the Landlord doesn’t need to be bothered with inspecting the completed work. 5. Security Deposit funds are just a source of “hidden” income to the property owner. When a tenants pays a security deposit, just put the money in your pocket and spend it as needed. Since security deposit funds are not taxable income, just spend it on anything you want. There is no reason to give thought to the efforts of our state legislatures that enacted laws pertaining to the return of security deposits funds to tenants after they vacate your property. After all, once a tenant has moved, you don’t have any way to hand them a refund check any way. Once a tenant has moved away, they will probably forget all about you and the refund of their security deposit. The chances of a former tenant suing you are so small, you shouldn’t be bothered. Even if the tenant does sue, why would any fair-minded Judge impose any civil penalties for willfully violating that law? There is nothing willful about pocketing that money in the first place. You could just tell the Judge you used the money to renovate the apartment for the next tenant that plans to move-in. Anyway, you still had to replace the 18 year old carpet for $1,500 (even though this tenant was only in the apartment for 1 year). Their deposit was only $1,200, PROBLEM SOLVED! You can even use the next tenant’s security

deposit to install a working stove so you can put the two-burner hot plate in another one of your rental units. 6. It is easier to get new tenants to move into your vacancies when you keep your security deposits well below reasonable levels. When landlords are striving to achieve the highest level of failure, large security deposits are designed to minimize the landlord’s losses due to unpaid rent and/or damages. It is far better to let a new tenant move into the property without paying a deposit at all. Better yet, just let the tenant pay it after Christmas and tax time, to ensure that the tenant has enough money to pay for Christmas gifts and to pay the IRS for taxes that are due. 7. Never raise the rent once a tenant moves into one of your rental units. Since all other landlords frequently give tenants rent increases in small amounts designed to keep up with market rates, your tenants will never have cause to dislike you. You can pride yourself in being liked by all of your tenants. Should there come a time you need to raise the rent, under no circumstances should you ever raise the rent more than 75% of market rent. By keeping your rents at least 25% below market, you can continue to be liked by all of your tenants. The best rent increases should be so ridiculously small in comparison to the cost of moving, so that the tenant is likely to pay them without resistance. In closing, each of these

Contact James Joseph today for your investment property needs!

Phone: 562.236.0088

strategies will ensure you end up in court and will decrease the value of your investment property. I hope that these examples show just how important it is to each and every landlord to do the following: 1. Be familiar with all landlord/tenant laws and regulations 2. Protect and increase the value of your property 3. Maintain your property 4. Maximize the income from your investment.

Candy Livesey is the Manager for the Century 21 Property Management division. Candy’s office is located in the city of Whittier. If you would like more information about property management, you can call Candy toll free at (562)-236-2177, or visit online at www.C21PM.com.

Email: Lisa@cent21.com

LISTINGS

Exclusive Listings

INVESTMENT PROPERTY UPDATE ALHAMBRA 6 units $900,000 6 One Bedroom+One Bath Units! Remodeled From the Foundation up in 2004! ANAHEIM 4 units $251,000 4-plex income property. Live in one and rent out the others! Front unit has 2 bedrooms, 1 bath, other units are studios. 4 units $560,000 Great Investment Opportunity, Easy to Own and Manage. 4 Units with Garages and onsite Laundry room. 4 units $600,000 Single story building with 4 units - one unit has 3bed/1ba, two units have 2bed/1ba and one unit has 1bed/1ba.

24426 Eucalyptus Ave., Moreno Valley 5 Units 3 Bed/ 2 Bath $799,999

13824 Christine Dr., Whittier 8 Units 4 Bed/ 3 Bath $1,149,999

ARCADIA 11 units $2,590,000 This is a wonderful Arcadia offering units. There are 3 buildings, Front is house 2BR,1BA has central air/heat. units A-E are townhouse style 2 story with 2BR, 1.5 BA each. BUENA PARK 4 units $749,888 Nice four-unit with long term tenants and great income. Good investment! Each units has its own address and meters. Units 6141, 6151, 6143, and 6153. COSTA MESA 4 units $1,200,000 Walking distance to the restaurants and shops of 17th street, this nice income property offers four comfortable units on the quiet 300 block of Cabrillo. DOWNEY 8 units $1,400,000 Pride of Ownership!! Beautiful units built in 1985 in a desirable area. Two 3 brs-2 baths and six 2 brs-2 baths (two are 2 story-townhouse style). FULLERTON 4 units $674,900 The subjet property is a 4-unit single story apartment builing 2Bedrooms 1Bath, each unit has its own laundry area,cul-de-sac location,surrounded by other fourplex apartment buildings.

1275 W. Grand Ave., Pomona 2 Units 3 Bed/ 2 Bath $36,000

1516 Junipero, Long Beach 2 Units 3 Bed/ 2 Bath $200,000 Backup Offers Only

6 units $685,000 REO-Bank Foreclosure *Seller Financing for Qualified Buyer *Majority Teo Bedrooms *Excellent Rental Location *Garages *Laundry FOUNTAIN VALLEY 4 units $1,200,000 4 units residential income located in FV. Walking Distance to park and shopping. LA HABRA 36 units $4,950,000 Vista Gardens apartments, very large and well kept spacious La Habra units, 4-3 bed 2 bath rents for $1,375, 6-1 bed 1 bath rents for $900, 26-2 bed 1 bath rents for $1,200, and 1 studio rents for $800 not permited. MONTCLAIR 4 units $435,000 Standard Sale!!! Beautiful 4 Plex in gated community. 4 units $498,000 Investor’s Dream!! Gated Income Property. Each unit has 2 Bedrooms and 1 Bathroom.

545-589 Weber St., Pomona 12 Units 4 Bed/ 3 Bath $1,149,990

1733 W. 62nd St. Los Angeles 4 Units 1 Bed/ 1 Bath $36,000 Backup Offers Only

Disclaimer: The information in this newsletter is believed reliable but is not warranted or guaranteed. Before any reliance or use, theis information should be independently verified.

To advertise your property in the IPU, call Michael Dinsmoor at (562) 236-0117

NORWALK 4 units $545,000 Great investment opportunity in a high demand area. 4 units $456,500 This 4-Plex is in fair condition, each unit has 1 bedroom, 1 bath and 1 single car garage. POMONA 30 units $3,450,000 30 Rental units surrounded by well-maintained interiors & exteriors, grounds, a clean pool and a quiet neighborhood. Long term tenants, Close to the famous and well known L.A. County Fair. SANTA ANA 4 units $670,000 Excellent investment opportunity. WHITTIER 7 units $925,000 7 units across from John Greenleaf Park in Uptown Whittier area.

Find the IPU on www.facebook.com The Investment Property Update is on Facebook.com. If you would like updated information and posted articles from the IPU on Facebook, become a fan today. It’s easy! Once you are logged in, type Investment Property Update in the search field at the top of the page. You will find our fan page. Click on the link to become a fan. We will post articles as well as never before seen articles, videos, and interviews with our vendors. You will find that this a great tool to help you keep up-to-date with investment property information.

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Issue # 1107.03

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INVESTMENT PROPERTY UPDATE

INTERVIEW

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EXPERIENCE MATTERS!

continued from page 2 that’s because it’s the only solid protection a property owner has during an exchange. At Downstream, every dollar is insured. Banks will only insure your money up to $100,000, but we place your funds at an institution that will insure every dollar. Q: Why do I have to use an accommodator? Why can’t I do it myself, or have a friend help me? Derek: Using an accommodator is a “safe harbor” for an exchange under the regulations. Accommodators can prevent the mistakes that complicate the process of the exchange and could cost you money. It’s amazing to me all the different ways someone can destroy an exchange, so it’s good to have a professional there to prevent those mistakes. You can have an unrelated friend facilitate your exchange, but that person will probably not understand any of the complexities or potential pitfalls. Q: How do you make sure you stay upto-date on current tax laws? Derek: We stay up to date through our various professions by attending legal, accounting, and real-estate seminars that deal with current tax laws. Downstream is also a member of the Issue # 1107.03

www.MCL1031.com

Federation of Exchange Accommodators (FEA), and they send out regular notices with any information that pertains specifically to 1031 exchanges. We also subscribe to several tax reporting services and can research issues online. Q: Have you ever done an exchange on a property you owned personally, or on the property of a close relative or friend? Derek: Yes, Downstream employees have helped plenty of friends and relatives through exchanges. The president of our company, who is my father, recently did an exchange for the business of a friend of his. Q: Is there ever a time when an exchange is not in the best interest of the property owner? Derek: Absolutely, and there are plenty of accommodators who won’t tell you that the exchange isn’t right for you. I once spoke to a woman who attempted to accomplish an exchange with another accommodator that was of absolutely no benefit to her. Q: Is there a difference between the type of exchange you do on a single family residence and a multi-family investment property? Derek: No. Any real property held in connection with a trade, business, or investment property can be exchanged for another

Contact James Joseph today for your investment property needs!

investment or business property. Q: What is the biggest mistake you see Investment Property Owners making when trying to do an exchange? Derek: Changing how they hold title to the property during the exchange. Some will try to sell as individuals, but buy as a corporation, or add new individuals to the replacement property. Q: What is the fastest way for an owner of investment property to get in trouble with the IRS during a 1031 exchange? Derek: Not using an accommodator is a pretty easy way to get yourself in trouble. Q: Is there anything else you want the readers of the IPU to know about you or your company? Derek: By using Downstream Exchange, you will get the greatest range of professional options, services, and alternatives.

Michael Dinsmoor is the managing editor for the Investment Property Update. She received her B.A. in English from Biola University in 2007 and her Masters of Fine Arts in Creative Writing from Chapman University in 2010.

Phone: 562.236.0088

Email: Lisa@cent21.com

LAWS

INVESTMENT PROPERTY UPDATE

Easements and Enroachments By Michael Dinsmoor Q: What is an easement? A: An easement is what allows a person or persons to legally use your property for a specific purpose. For example, easements are often granted to telephone companies or public utility operators for things such as running telephone lines on or under your property. If you share a common driveway with your neighbors, that is also an easement. Q: Is a ‘right of way’ the same thing as an easement? A: A right of way is a type of easement. Property owners can grant right of ways so others can travel over or enjoy their property, so long as those who are visiting the property do not interfere with the owner’s use and enjoyment of the property. Right of ways can be very beneficial for a community. Q: When does the use of my property become an encroachment instead of an easement? A: Easements can be both beneficial and inconvenient. The easement or right of way on your property may be helpful for the community in allowing others to enjoy your land, but it can also bring problems. People who travel across your land may unintentionally cause damage to your property. If you purchased the property with the easement already on it, then you inherit the easement with the property. An encroachment is when someone enters onto your property without authorization, meaning there was no easement in place to allow that person to enter your property. Legal action may be taken against someone who encroaches

upon your land, and you may be able to recover damages if the encroacher damaged your property. Q: My neighbor has easement rights on his land, and his property is directly next to mine. If he sells his property, is there any way I can obtain control of the easement on his property before or after he sells? A: Unfortunately the only way to gain control of the easement is to purchase the land to which it applies. If you really want the easement, you may have to purchase your neighbor’s land. In cases where there is a dispute between you and the owner of the easement, it is best to try to address the issue with your neighbor as politely and carefully as possible. But first, to make sure you cannot later be accused of trying to interfere with the sale of your neighbor’s land, it is best to get the advice of an attorney. Michael Dinsmoor is the managing editor for the Investment Property Update. She received her B.A. in English from Biola University in 2007 and her Masters of Fine Arts in Creative Writing from Chapman University in 2010.

Philippians 4:8-9 Finally, brothers, whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable —if anything is excellent or praiseworthy— think about such things.

Issue # 1107.03

Contact James Joseph today for your investment property needs!

Phone: 562.236.0088

Email: Lisa@cent21.com

Give us a Call Today, and Schedule a FREE Inspection INVESTMENT PROPERTY UPDATE

Venture West Funding Contact: Joe Mercado 310-531-8364 www.VentureWestFunding.com Appraisal Pacific Appraisal Contact: Randy Chase 619-464-8814 pac_app1@pacbell.net