AdhiSchools Blog

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Gragg v. United States: IRS Tax Deductions Clarified

Calculating tax deducations for real estate professional

Many real estate professionals use their knowledge and expertise to invest in real estate. They know a good deal when they see it, know the laws they need to navigate, and likely have contacts in property Read more...

Many real estate professionals use their knowledge and expertise to invest in real estate. They know a good deal when they see it, know the laws they need to navigate, and likely have contacts in property management or are confident in their ability to manage a rental property. Rental losses are also potentially deductible, insulating investors from some risk. But how does this deduction work? In Gragg v. United States of America; Internal Revenue Service a real estate professional was found to not be eligible for a tax deduction that they felt they were entitled to, shedding light on the details of the law—real estate agents who invest in rental properties should not necessarily expect these tax deductions unless they can prove that their investment involves material participation. Gragg v. United States has provided us with a clarification on the Internal Revenue Code’s definition of material participation in rental activities. If a real estate professional materially participates in their rental activities, losses may be deducted. Passive activity in a rental investment, on the other hand, is not grounds for a tax deduction. The court case cites Section 469 of the Internal Revenue Code (I.R.C.), which defines material participation as activity in which the “taxpayer is involved in the operations of the activity on a basis which is—(a) regular, (b) continuous, and (c) substantial.” Rental activity is typically classified as “per se passive” and not eligible for any deductions under the material participation rule. Yet Section 469 (c)(7) of the I.R.C. has established that for “taxpayers who qualify as real estate professionals, the per se rental bar” does not apply, meaning real estate professionals have a greater ability to deduct losses on rental investments because real estate is their profession. So how do these two sections of code work together? Since Gragg is a real estate professional, she should have been able to claim a deduction, right? Yet the court sided with the IRS and found Gragg ineligible for the deduction. How does this work? The explanation lies in the interaction of the two sections of code. The court states that the effect of the real estate professional exception to the law is to remove the automatic classification of rental activity as passive—it does nothing to the general rule that material participation is necessary for exemption. Thus without proof of material participation, a real estate professional invested in a rental property cannot deduct losses. Essentially there is a two step process to earn a tax deduction. First, one must be a real estate professional. Step two is to demonstrate material participation, something Gragg was incapable of proving. Two pages of undated notes were offered, but as those notes had not been present for previous court proceedings the court in this case declined to address them as a new argument. The lesson for the real estate professional with rental investment properties—document your material participation. Prove activity in property management. Without this proof your deductions will be rejected by the IRS and you will find yourself paying more in taxes than you would have needed to if you had documented your material participation properly.
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New blog on adhischools

Licence

Legally Removing Items From Your Credit Report

Mortgage lender reviewing a credit score for a new home loan1

As you complete your real estate classes with us, you may come across a buyer client who is looking to “fix their credit” before buying a property. You may also represent a seller who is in escrow Read more...

As you complete your real estate classes with us, you may come across a buyer client who is looking to “fix their credit” before buying a property. You may also represent a seller who is in escrow with a buyer and the buyer’s loan starts to go sideways because of an error on their credit report. What do you do? One of the most common questions that consumers ask credit counselors is, “How can I get negative items removed from my credit reports?” The accurate, short answer to that question is this: It’s relatively easy to get incorrect information removed from a credit report but can be quite difficult to legally remove items that are reported accurately. In other words, if a debt is yours, and if all the particulars listed on the credit report are correct, they your options for legal removal are limited. The good news is that there are several ways to potentially eliminate negatives from an official credit report, even when the debt is yours and when it’s listed correctly. Here are the strategies that many consumers have used to clean up their credit reports: Paying to delete negative items: If you contact a creditor and agree to pay the debt in full right away, then they might consider removing it from your report. This technique is especially successful when the amount owed is rather large and the delinquency is not very old. Many creditors are happy to have a large debt paid off quickly and taken off the books. They’ll often agree to remove the item from your report if you ask them nicely, in writing and as soon as possible after it has been reported to the bureaus. Asking for a goodwill removal: After you’ve paid a debt and the listing is still on your credit report, it’s possible to contact the creditor and request that they remove it. It helps to explain that you have otherwise good credit and have been current on any other accounts you have with them. If there were special circumstances that led to the delinquency, be sure to explain the situation to the creditor. This is basically a “hardship” request and doesn’t always work, but it’s worth a try. Asking for verification of the debt after several years: Bureaus can keep negative items on a report for up to seven years. After one or two years have passed, you can contact the creditor and ask for the debt to be verified. It’s often the case that creditors can’t verify older debts that have been paid off and closed out. If they can’t verify it, then you can have it legally removed by contacting the credit bureau in writing and disputing the debt. Without verification from the creditor, the bureau will have to remove the listing. It’s important to remember that only the creditor has the power to remove a legitimate listing from your credit report. In fact, they are supposed to leave items on for up to seven years so that other lenders can get an accurate view of your credit-worthiness by reading your report. But, as in the situations noted above, creditors are sometimes willing to remove a negative item if you approach them with the right attitude. Separately, inaccurate information can potentially be removed by invoking the last strategy mentioned. If you are interested in taking live real estate classes or preparing for the real estate exam, call us at 888 768 5285 or visit www.adhischools.com Love, Kartik

Tips For Real Estate Agents on Social Media

Real estate agent calling clients and prospects to follow up

Tips For Real Estate Agents on Social Media Businesses can’t ignore social media if they want to remain relevant and competitive in today’s busy online marketplace and the real estate business is Read more...

Tips For Real Estate Agents on Social Media Businesses can’t ignore social media if they want to remain relevant and competitive in today’s busy online marketplace and the real estate business is no exception. Social media platforms like Facebook and Instagram can be powerful outlets that help real estate professionals position themselves as industry experts while connecting with their audience and building confidence in their experience and services. I practice what I preach. Our real estate school has had a Twitter account since early 2009 and a Facebook page for almost as long. Even our original YouTube channel has had content since 2009. That’s 10+ years of going hard on all these platforms. So how do you win considering that more and more content is being added each and every second to Twitter, Facebook/IG and YouTube? It is getting more and more difficult to get noticed. The key to getting the most out of your social media presence is utilizing tactics that help you build stronger connections with your audience and inspire them to work with you. Below, I’ve put together my top 4 social media tips for real estate agents, particularly in the residential space as I figure most of our real estate school students are going to start there. 1. Educate your buyers on the market. Buying or selling a home is a major life decision for most people, and they want to know that they are working with a Realtor that can guide them through the process and answer all their questions as they move through the process. The best way to build this confidence with your audience is by educating them about the real estate market. In addition to sharing educational articles from your own blog, curate some content from reputable, third-party sources to help your audience understand important parts of the buying and selling process. In addition, you can post your own honest tips and advice to your social media pages based on the questions that you are most often asked by new buyers or sellers. 2. Share information on a particular neighborhood. When promoting your listings (or those of your company) on social media, go beyond just sharing the features of the homes you are selling. Most homebuyers want to know more about the neighborhood or surrounding areas. Real estate professionals can use their social media channels to educate buyers on the benefits and unique characteristics of local neighborhoods to help them make a more informed decision about where they want to buy. In addition to sharing your own content about the neighborhoods you sell in, share content from local organization pages. For instance, you might link to an event calendar from the city’s Facebook page or share a tweet from a local restaurant. This is especially true in areas like Downtown Los Angeles or coastal Orange County where the nightlife and social aspects of the community are a lure for buyers. 3. Start a conversation. The social aspect of social media is often forgotten when professionals use social media channels for marketing. However, if you really want to get to know your audience and build trust, it’s vital that you chat with your fans and followers. Get active in the comments section of your social media posts and pay attention to what others are saying on your pages. With the instantaneous nature of social media, most users expect an instant response to their questions or concerns. In addition to being active in the comments section, you’ll need to be diligent about checking for and responding to direct messages across platforms. When someone reaches out with a question or concern, make sure that you are available to answer these questions and get them the help they need when they need it. 4. Don’t forget video! Many real estate professionals will skip video content when it comes to managing their social media pages. However, with the visual nature of home buying, it’s important that real estate agents utilize video to showcase their properties when possible. Most people reading this article have a television broadcasting system in their purse or pocket with their iPhone or Android device. It’s easy to quickly do a live on Instagram or post a quick story to your page. Just get out there and start. I posted a video of all of my equipment here, but I didn’t start with this much stuff. All I had back in 2009 was one camera with an internal microphone and just started recording videos on HD cassettes. I always knew video was going to be huge across the Internet and would be a valuable marketing tool. The faster you can start engaging with an audience the faster you can monetize. Video content also helps create an emotional connection with viewers in a way that images alone cannot. Providing a video tour of a property allows the real estate agent to give their audience a better idea of what it is like to experience this home instead of seeing the space out of context. If you are interested in taking real estate classes online or in one of our classrooms, please call us at 888 768 5285 or visit www.adhischools.com. Love, Kartik

Do Open Houses Work?

Open house sign on front lawn outside of house

Before the question of whether or not open houses actually “work” is answered we should probably define what the word “work” actually means. If you are a real estate agent and believe that a Read more...

Before the question of whether or not open houses actually “work” is answered we should probably define what the word “work” actually means. If you are a real estate agent and believe that a successful open house is one where the agent found a buyer for that property on the day of that open house then very few open houses actually “work”. However, if you define a successful open house as a chance to network with neighbors in a particular farm area, an opportunity to show the owners that you are doing something that is almost expected, and a way to find buyer clients for other homes, then nearly every open house has the potential to be a success. Like many things in business, a substantial amount of time and effort is necessary to ensure that an open house will attract the right kind of traffic and result in at least a few interested and qualified potential buyers. Sometimes, sadly, even with a high traffic count, the net result might be less than satisfying. While it’s also true that on occasion, “the buyer” will walk into an open house and make it all seem easy, if not preordained – but this can sometimes be attributed to pure chance. Folks who are not quite ready to buy immediately frequently visit open houses as a way to solidify their preferences and explore the market. An open house can be the best way for an agent to meet people “up close and personal,” demonstrate market knowledge, hand out cards, and take names. You never know when you’re going to meet a buyer. It’s best to always be prepared. How to Do a Successful Open House Use all the tools available to you to stand out from the crowd. You don’t have to spend big bucks on advertising, or on refreshments. Use technology to your advantage. Here are some ideas: • Livestream the Open House on Facebook, Instagram and YouTube: Give quick snippets of information as you walk through the rooms. Talk about the neighborhood, the easy commute to downtown, the community pool, the schools or a nearby shopping mall. Show the house at the same time. • Invite the neighbors: Count them as your allies to “sell” the good points about the area, rather than as “tire-kickers.” • Consider Unconventional Hours: If the home has spectacular sunset views, schedule the open house for late afternoon. Or, alternatively, be slightly ahead of the normal 1-3 or 2-4 schedule, and offer coffee or fresh-squeezed orange juice. If you are going to serve alcohol at an open house, other rules can apply. Proceed with caution. I did a video and an article on this as indicated by the prior link. • Creativity Counts: Employ an iPad as a digital sign-in sheet and encourage visitors to ask questions. Get back to them via email with specific answers. You’ll boost your chances of developing new relationships. Perhaps most importantly, be there for everyone who walks through the front door. Meet and greet every visitor with a smile and a card. Never simply sit behind a desk or on a kitchen stool. But, be sure to give visitors a chance to walk through the house at their own speed and in their own way. View an open house as an opportunity to sell yourself as well as the property and then every open house is, indeed, totally worth it! If you are interested in online real estate school or even classroom oriented real estate courses, call us at 888 768 5285 or visit www.adhischools.com Love, Kartik
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The Benefits of Classroom Learning for Real Estate Licensing

Real estate textbooks and ipad on desk inside of classroom

In order to become a real estate agent in California, applicants must complete courses in Real Estate Principles, Real Estate Practice as well as one Elective course. Although there are a number of options Read more...

In order to become a real estate agent in California, applicants must complete courses in Real Estate Principles, Real Estate Practice as well as one Elective course. Although there are a number of options available for necessary pre-licensing coursework, there are specific benefits of a classroom scenario to advance your real estate career goals. The give and take of personalized education provided by a knowledgeable and experienced real estate practitioner can outweigh the flexibility and convenience of other choices. Here’s why: Motivation Online courses allow learners to work when it best suits them, but they are also easier to skip. Pre-licensing coursework requires a minimum of 135 hours of coursework; if you’re not sure of your ability to maintain an unwavering schedule without some structure, classroom time can help. By blocking out a specific time and place for class on a regular basis, many students find that the tendency to procrastinate or postpone is eliminated. Interaction with Others There is no substitute for the “up close and personal” attention that classroom real estate courses offer. Students have the ability to ask questions and receive immediate clarification often learn faster and retain information longer than those who simply listen to a presentation online or click through slides. An online classroom is, essentially, a one-way street; interaction is limited, even if visual aids are used and chat room communication is available. The dynamic in a physical classroom is different; interaction with other students is every bit as important as discussion with the instructor. People Skills Because real estate is, at its heart, a people-oriented business, association with individuals from varied backgrounds and with different skill sets is always instructive. The classroom can help you hone your people skills, assist you to address unique needs, and open your mind to the varied approaches that must be employed to work with different personalities. Even if role-playing is not a formal part of the curriculum, students in a classroom situation benefit from the mix, and learn to develop a personal style. Professional Networking A classroom provides an opportunity to form business associations with other career-minded individuals, and to develop a professional network of both mentors, “cheerleaders” and motivators. The requirements for real estate licensing and the need to pass state licensing exams can be daunting. Classroom participation with a group of like-minded people offers a “first step” platform into the world of real estate, helping to sustain your motivation, gain professional stature and grow your business. That’s an ongoing career benefit. If you’re serious about pursuing a real estate career, it’s only natural to feel an eagerness to get started. It’s also natural to want a “good deal” financially. Although classroom learning may be slightly more costly on the front end compared to an online option, the above benefits are likely to pay dividends by allowing you to pass the licensing exam with confidence and to start earning sooner. As in any other field, the old saying, “Time is money,” holds true. Enrolling is a real estate class is an investment in your future. Choose wisely. For more information about real estate licensing or getting a real estate license in California call us at 888 768 5285.

How to Improve Credit Scores

High score excellent credit report on desk

So you’ve finished up at our real estate school and passed the real estate exam. You’re stoked because you have your first buyer client but their credit is less than perfect. The buyer badly wants Read more...

So you’ve finished up at our real estate school and passed the real estate exam. You’re stoked because you have your first buyer client but their credit is less than perfect. The buyer badly wants a home and you’re asking yourself: What advice can I give them to improve their credit score? The reality is that credit scores today have a profound impact on quality of life. It determines the rates you pay on all sorts of things from mortgage interest rates to whether or not you can rent a car. The difference between good credit and bad credit can also determine where and how you live. Make sure that only accurate information appears on the credit report It makes sense that a borrower would want to be sure that their credit report contains accurate information. Any inaccurate data can be disputed with the credit bureaus. Equifax, Experian and TransUnion are the three bureaus and can be contacted to dispute erroneous information. If your borrower isn’t sure how to start the dispute process there are third party providers that can help quarterback this with the credit agencies. I would recommend checking online or with other folks in the business that can give you a good referral to a vendor that can help. Pay down revolving debt Assuming that all the data on the credit report is accurate, the next question is “What else can we do to bump up the score?” One thing that can quickly impact the FICO is to advise the borrower to pay down as much revolving debt as possible. This is known as the “credit utilization” ratio. This ratio is a big deal as it accounts for about a third of the FICO algorithm. The less credit you have available the worse your score will generally be. In other words if all your credit cards are maxed out, your score is probably going to be low. Do your best to get credit card debt paid down quickly to improve the credit utilization ratio and get that score up. Try to get added as an authorized user Another thing that can help bump the credit score is if the borrower can convince a family member or a loved one to add them to one of their credit cards. If mom or dad has a credit card that has a solid payment history and they are willing to add the borrower as an authorized user, this can help piggyback their on-time payments to boost the score. Make sure bills are paid on-time A central aspect of good credit is ensuring that the borrower pay their bills on-time. An easy way to do this is to calendar all required payments on a cell phone or Google calendar. Better yet – back up the calendaring with autopay. Autopay eliminates the aspect of human error and also eliminates wasted money spent on a bunch of late fees. Better still – auto pay eliminates the worst case scenario of an altogether missed payment. One missed payment means a catch-up scenario for the borrower and forces them to make two or more payments at once. Letting bills pile up can make it really hard to dig out of a deep hole. Think long-term with your buyers Remember that selling real estate inherently involves a very long sales cycle. Even if your prospect can’t buy a property immediately, they may be able to with some future planning. A year is going to go by quicker than you might think. Do you plan on being in the business in 12 months? I would think so. Sticking with a prospect even when it looks like they might not be able to buy immediately will create loyalty and your deal will eventually come to fruition. As a real estate professional, it’s important to be a valued resource for your clients. Giving great advice can help foster loyalty among your customer base. This can be priceless and irreplaceable. As always, if you are interested in online real estate courses or even live classroom courses, call us at 888 768 5285 or visit www.adhischools.com. Love, Kartik

Can a Realtor Serve Liquor at an Open House?

Alcoholic cocktai s served in backyard of open house

OK – So you took our real estate classes in Los Angeles or maybe you took our real estate classes online. Now you have your license and it’s time to do your first open house! You’re hoping to make Read more...

OK – So you took our real estate classes in Los Angeles or maybe you took our real estate classes online. Now you have your license and it’s time to do your first open house! You’re hoping to make some great connections with potential clients and you want visitors to roam through the home a little longer. What do you do? Bribe them with ice cream? Booze? Both? If you decide to serve alcohol at your open house and you don’t have a liquor license (no agent is going to have one) it’s important to ensure that the open house is not open to the public. If you are serving alcohol and your open house is open to the public you need to have a liquor license to do it. Want to serve liquor at an open house? There are other rules too: There can’t be any sale of alcohol It’s important to make sure that there’s no actual sale of alcohol happening at the open house. Agents typically don’t charge for liquor at an open house so this isn’t something that most real estate agents have to worry about. The premises cannot be maintained for the purpose of keeping, serving, consuming, or disposing alcoholic beverages. If you’re doing an open house at a residential property, it’s pretty unlikely that the premises are going to be maintained for the purpose of serving liquor. It’s a residential property, it’s not zoned commercial, it’s not zoned retail restaurant or bar. So this second rule isn’t going to be a problem for most real estate agents. The event should not be open to the “general public” at the time alcoholic beverages are served. In the hospitality world, this is known as a “private party exception”. For the private party exception to be invoked, the person doing the open house has to have a list of guests prior to the event. Only people on the list are permitted to be admitted to the event and it would become a “private party”. This means that if somebody does show up at your open house and they’re not on the list, you have to turn them away. If you’re serving alcohol and you let them in the event could be interpreted as being “open to the public” which could trigger a licensing requirement. The list of attendees is important to maintain and should be respected. Finally, it’s hard to overstate the amount of liability that the agent can incur in the event the agent allows alcohol to be served to someone that is underage. Agents can also be liable in the event that they continue to serve alcohol to someone who is obviously intoxicated or is “habitual drunkard”. So be smart about it. Make sure that if you are serving wine you need to have proper protocol that’s being followed to make sure we limit our liability at these open house events. As always, if you are interested in taking real estate classes in Los Angeles or in Orange County please visit www.adhischools.com. Feel free to call the office at 888 768 5285. Love, Kartik

Buying a house?! Be warned – Wire fraud is on the rise!

Internet security link

Hi all: I wanted to give my readers a bit of a public service announcement with this article. Recently, 74 people were indicted on wire fraud related to real estate purchases. How does this scheme Read more...

Hi all: I wanted to give my readers a bit of a public service announcement with this article. Recently, 74 people were indicted on wire fraud related to real estate purchases. How does this scheme work? Hackers are locating people who are in the process of buying a home or other real estate. The hacker then spoofs an email from the escrow company that you are using for your particular home or building purchase. Wiring instructions are sent saying something like, “Your down payment’s should be sent to our escrow company. Here are our routing number and account numbers.” As it turns out, that’s not the routing number nor is it the account number of the escrow company, and hardworking Americans send their money to these scammers. If you’re in the process of buying a piece of real estate my hope is that your escrow company is shares this information with you. It is absolutely mission critical that you call the escrow company, speak with the escrow officer, and verbally verify the account number and routing number. Don’t just rely on things that have come via email. You could find yourself the victim of wire fraud. I’m so happy that almost 100 people have been indicted and taken off the streets so that they can’t harm future purchasers. The tip here involves ensuring that you call the escrow company directly. Another pro-tip is not to call the phone number on the wiring form that comes via email as that could also be fake. Call the number that you find for them on Google or on Yelp, and verify that you’re talking to the right person before you wire that money in. Better yet – stop by and talk to someone face to face if possible. Here is a link to the news article about the 74 people that have allegedly committed this crime. If I haven’t gotten to know you on Instagram, I would love to. I’m @kartikspics. Also, we have a YouTube channel linked here – make sure you subscribe to the channel! As always if you are interested in taking real estate classes online or even live real estate classes let us know. If you need state examination prep, we also have you covered! Love, Kartik

Understanding off-the-top fees as a Realtor

Rolled up dollar bills

Recently, I’ve been getting many questions regarding “off-the-top” fees that real estate companies charge their agents. If you are working at a real estate company, you are probably subject to Read more...

Recently, I’ve been getting many questions regarding “off-the-top” fees that real estate companies charge their agents. If you are working at a real estate company, you are probably subject to some kind of commission split between you and the company. Imagine it’s 60/40, 70/30, 80/20 – whatever it is you’ll have some split with your broker. This means that you will get a portion of the real estate commission and your brokerage gets a portion of the commission. Generally if you go work for a massive franchise like Century 21 , Coldwell Banker, RE/MAX or Keller Williams, they are also going to have an “off-the-top” fee. Remember, this is in addition to your commission split. Typically, this is anywhere between three and eight percent of the total commission. This represents a royalty to the franchisor. So Keller Williams corporate in Austin, or Coldwell Banker corporate in New Jersey gets a portion of your commission before you do. . As an example, let’s say you earn a $10,000 commission and your company charges a 6% off-the-top fee. Before your commission split is calculated the company will take $600 out of the $10,000 and send that to Coldwell Banker in New Jersey. Now you have $9,400 left. Your commission split will be calculated on that $9,400. Once you finish taking real estate classes, you are naturally going to interview with various real estate brokers and an important question to ask is “What’s my commission split?” However, you’ll also want to ask if there are there any other fees that are deducted before the commission split is calculated. Some brokers will charge an errors and omissions insurance fee for professional liability insurance. Some brokers will charge you a document scanning fee, or some other “desk fees” to work there. As a newer agent these are questions that you need to ask of the broker and be as educated as possible so you are fully aware of what you’re getting into. If you are interested in taking real estate classes in Los Angeles or Orange County, please visit our website. If we haven’t yet connected on Instagram I would love to get to know you – I’m @kartikspics. Love, Kartik