Deferring Taxes with Vanguard 1031 Exchange President Brandon Burns

 

Deferring Taxes with Vanguard 1031 Exchange President Brandon Burns

 

Guest: In this episode of the REI Diamonds show, host Dan Breslin welcomes Brandon Burns, a seasoned 1031 exchange expert. With over 4,000 transactions under his belt, Brandon runs one of the 119 1031 exchange companies in the country. His extensive experience and deep knowledge of real estate investment strategies make him a valuable resource for investors looking to optimize their portfolios through tax-advantaged methods.

 

Big Idea: The conversation centers on the strategic advantages of 1031 exchanges in real estate investment. Brandon highlights the geometric average problem and how 1031 exchanges can mitigate tax burdens, allowing investors to preserve and grow their wealth more effectively. By deferring taxes on property sales, investors can reinvest the full proceeds into new properties, enhancing their long-term financial gains.

 

 

    

 

Brandon: Yeah, that’s perfect. I run a 1031 exchange company. There’s 119 in the country. There’s a good amount, but not a ton. I think one of the things you mentioned that makes a lot of sense, even though I’ve been doing this for a while and I’ve been a part of about 4,000 transactions, I’ve still got a deal this year that I’m not going to 1031 exchange, right? I think there’s two points in life, and sometimes they overlap somewhat, but at one point in life, you’re in your wealth accumulation phase, and in another part of life you’re in your wealth preservation phase. One of the nice things about real estate is that there’s so many ways to win, right?

You can potentially get income, you can get appreciation, you can get tax benefits, and so on and so forth. Well, section 1031 of the tax code creates another benefit for people that own investment property, and it’s just another tool for someone to have. There’s actually two parts of the tax code that give benefits for people that own and are selling real estate that’s made money. The first one is section 121 of the tax code, which is if you’re selling your primary residence, if you’ve lived in it 24 out of the previous 60 months, and it doesn’t have to be consecutive, but a minimum of 24 to the previous 60 months, then you get 500,000 tax-free if you’re married, 250,000 tax-free if you’re single. Well, section 1031 says that if you jump over a number of hurdles that we’re going to quickly go over, then you can roll all of that money into all of your profits without paying taxes into one or more properties, which can be really powerful, and the math behind that is really interesting.

 

This Episode of The REI Diamonds Show is Sponsored by the Deal Machine. This Software Enables Real Estate Investors to Develop a Reliable & Low Cost Source of Off Market Deals. For a Limited Time, You Get Free Access at http://REIDealMachine.com/

 

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Resources mentioned in this episode:

https://Vanguard1031x.com/

 

For Access to Real Estate Deals You Can Buy & Sell for Profit:

https://AccessOffMarketDeals.com/podcast/

 

Brandon & I Discuss Deferring Taxes:

  • Understanding Section 1031 and Section 121 of the Tax Code (03:00-07:00): Benefits of Section 1031 for investment properties and Section 121 for primary residences, and leveraging both for tax advantages.
  • The Power of Compounding and Avoiding Geometric Average Losses (07:00-09:00): Impact of compounding interest and geometric average problems, with emphasis on how 1031 exchanges help retain profits.
  • Navigating the Four Major Hurdles of 1031 Exchanges (15:00-18:00): Key challenges in 1031 exchanges—time, value, financial, and property type—and strategies to overcome them.
  • Combining Section 121 and 1031 for Optimal Tax Benefits (20:00-24:00): Scenarios where combining Section 121 and 1031 can lead to significant tax-free gains.
  • Scaling Up and Strategic Property Acquisition (32:00-36:00): Personal experiences on scaling from smaller to larger properties, emphasizing mortgage paydown and property management benefits.
  • Pitfalls in 1031 Exchanges (47:00-50:00): Common pitfalls, including incorrect paperwork and the importance of setting up exchanges before closing deals.
  • Delaware Statutory Trust (DST) Overview (59:00-01:03:00): Explanation of DSTs as an alternative investment for 1031 exchanges, including their benefits and limitations.

 


    

Relevant Episodes: (200+ Content Packed Interviews in Total)

 

The transcript of this episode can be found here.
Transcripts of all episodes can be found here.

Avoid Property Insurance Nightmares With Public Adjuster Andy Gurczak

The REI Diamonds Show - Daniel Breslin | Andy Gurczak | Property Insurance

 

Guest: Andy Gurczak is a seasoned real estate investor and public insurance adjuster. Starting with a humble duplex, Andy has strategically expanded his portfolio to include a variety of commercial properties. He leverages his construction background and keen market insight to navigate the complexities of real estate and insurance claims, making him a valuable resource for both novice and experienced investors.

Big Idea: Andy Gurczak delves into the intricacies of insurance claims for property investors, emphasizing the importance of strategic decision-making and a thorough understanding of the process to avoid pitfalls. He also shares his journey from residential to commercial real estate investing, highlighting the lessons learned and strategies for success in the commercial sector.

This episode of The REI Diamonds Show is sponsored by the Deal Machine. This software enables real estate investors to develop a reliable & low-cost source of off-market deals. For a limited time, you get free access here.

This episode is also sponsored by Lending Home. Lending Home offers reliable & low-cost fix & flip loans with interest rates as low as 9.25%. Buy & hold loans offered even lower. Get a FREE iPad when you close your first deal by registering here now.

Resources mentioned in this episode:

AllCity Adjusting

View the Episode Description & Transcript Here:

Avoid Property Insurance Nightmares with Public Adjuster Andy Gurczak – REI Diamonds

Andy Gurczak & I Discuss Avoiding Property Insurance Nightmares with Public Adjuster:

  • 5:50 – Details of a 1031 Exchange: Insights into executing a 1031 exchange successfully and the lessons learned from the process.
  • 10:01 – Acquiring a Seven-Unit Commercial Property: The story behind acquiring a prime commercial building and its financial implications.
  • 15:40 – Financing Strategies: How leveraging relationships with local banks facilitated property acquisitions.
  • 18:30 – Property Management and Tenant Relations: Managing properties personally and dealing with tenant issues directly.
  • 27:35 – Critical Timing in Claim Filing: Brother Elijah’s experience highlights the importance of acting swiftly and seeking expert advice to maximize claim value.
  • 29:19 – Settlement Offers and Pitfalls: Andy shares insights into deciphering settlement offers and avoiding potential traps.
  • 35:52 – Commercial vs. Residential Claims: Understanding the dynamics between commercial and residential claims can influence strategy and approach.

Relevant Episodes: (200+ Content-Packed Interviews in Total)

  • Andy Shamberg on Property Insurance Fundamentals
  • REI Diamonds Show with Rick Thompson on Building Green, High-Performance New Construction
  • 100+ Unit Apartment Syndication with Stephanie Walter
  • Rental Property Insurance Pitfalls with Attorney Galen Hair
  • How to Avoid Capital Gains Tax Using a Deferred Sales Trust or Like Kind Exchange with Carl Worden

Watch the episode here

 

Listen to the podcast here

 

Avoid Property Insurance Nightmares With Public Adjuster Andy Gurczak

Andy Gurczak, welcome to the show. How you doing?

Dan, thank you so much for having me on. It’s a pleasure.

Yeah, for sure. We’ve been trying to link up here for a little while to get you on the show. Main topic’s going to be insurance claims, and I think it’s valuable for the readers to hang in there, whether they’re single-family investors, whether they’re commercial investors, nobody wants to have an insurance claim ever, but when you do, you can really, in my experience, get screwed up by doing it wrong or maybe even choosing to make the claim in some instances.

Andy Gurczak’s Investing Journey And Business Focus

I know that’s been my issue, claiming something too small, but we’ll get into all the problems and the solutions and what you do as an adjuster and why that’s something valuable here shortly. Before we do that, Andy, do you want to give us a background on maybe some of your investing career and then also how you got into and what your adjusting business is now?

Yeah, so when it comes to the investing, Dan, me and my wife bought our first duplex. This was when we got married. We bought our first duplex. We lived on one side and rented the other side. We basically lived for free. We had a little bit of income, even left over. I was able to scale the business, not pull any money, didn’t need to even make money at that point. I was able to reinvest everything. My wife worked where it brought enough for groceries into small stuff. That was under FHA. I think we bought that actually before we got married. Right before we got married, I think we bought that under my name. Two years later, we ended up buying another FHA under her name.

It was another duplex, so we ended up doing only 3.5% down, which was nice. It was a small investment out of our pocket to have two properties that were cashflowing really nice. From then, we bought a townhouse that was a foreclosure. We ended up buying a building that’s in downtown Crown Point where we live that we converted into a commercial. There are three tenants in there, actually.

In 2023, we did our first 1031 where we sold one of the duplexes, took the money and then bought a seven-unit building. It’s a commercial building. There are seven suites, about 15,000 square feet. I think that’s it. I know we have a lot. We’re building a home right now. Real estate has been something that we’re always interested in. We’re always looking to buy something different.

Before we get into the insurance topic, could we pull on the thread of the commercial deals? I think a lot of the readers, including myself, you flip, you start out maybe wholesale a couple of houses, flip a couple, do the house hack, like you did. I know there’s a lot of investors who will start by flipping houses, holding a few rentals. We all have this pool toward commercial real estate.

“I’m going to do commercial real estate someday. I want to get into commercial real estate someday.” That’s where I’m at. Over the last few years, I bought into a shopping center. We’re developing fourteen self-storage buildings. I have a 30,000 square foot warehouse that we’re just going to flip that one here coming up shortly. It’s been cool. It’s been a cool transition for me in the last couple of years. It is exciting to be able to put a little more capital to work when later in your career you have more capital to put to work. Would you mind touching on that first Crown Point commercial deal, maybe the purchase price, what your plan was?

Just so you know, all the properties we have were commercial. It happens because of the business. The business grew, so we needed more space. As a business grew, we’re like, “Let’s look.” The landlord actually that I was in renting from at that time, I always asked him. I knew he was a big developer. I said, “Do you know a lot of people in this area? If you were ever to sell anything or have something else, please let me know.”

It turns out he had a deal. The grandma, I don’t know if she passed away or something happened. The kids knew my landlord since he was little so they offered the house to him. He called me and said, “I don’t want this. We’re focusing on different stuff now. Would you want to take this off me?” I met him and I knew it’s in a perfect location. Location is everything. The price he gave us was so good. We could have probably turned around and doubled it right away. We took the first floor. We cut it in half. We did two offices. I took the back office, my business, we rented the front. The upstairs is a just a residential tenant.

That one made sense. It was cheap. You could have sold it for more immediately. There’s probably no hesitation there.

No. That one I knew right away. We bought that for I think $220,000. That one’s probably worth around $500,000, $600,000 at this point. The location is perfect.

Navigating A 1031 Exchange In Real Estate

Now you have the seven unit and the 1031 exchange. I think the 1031 exchange, I did one. I don’t know of a whole lot of interest in doing anymore. I probably would try them, but I remember the pressure and the stars having to align to make that deal work for me when I did it. It’s a great tool. I think it’s good. I think there’s a lot of readers who are like, “Yeah, I would like to do that someday too.” Would you mind walking us through the 1031 deal, Andy?

Same thing with this building. Our business has grown. We had more people, we needed a bigger space. We were looking to rent because there was nothing on the market. Everything’s pretty expensive. We found the building and there was a unit available. I contacted the realtor. We looked at it. I’m like, “That’s too big for what we need.” I explained to him that we’re always looking to buy. He said, “The owner is getting older. He is actually looking to sell.” I said, “Ask him how much he liked.” He came down with the price, which was really good. We bought it. I’m like, “Okay, we’re buying it.” I told my wife, “Let’s see if we could do a 1031.”

We ended up listing our duplex that we had another one and got offers on that right away. The 1031 process for us was super easy because we had the property already identified. For us, tactically it was different. Most people do no sell, then they have to identify the property within, what is it, 60 or 90 days? Whereas we already had the property. We knew a could sell really quick. To us, it was a no brainer. Everything made sense. The only mistake we made then that I wasn’t aware of, that property we had, the duplex was in mine and my wife’s name. When we bought this commercial, we wanted to buy that under our new LLC. When you do a 1031, you have to name it.

If you’re selling them your names, then you have to buy the property, the new one, in the same way you’ve sold the other one. If I knew that, I would’ve had retitled that duplex under the new LLC so then the closing, it would’ve been easy because then you’re selling as an LLC and you’re going into LLC, the same name. You can’t switch names. It follows the person that sells the building. If that makes sense, meaning if for anyone that ever does a 1031, make sure whatever you’re selling, that’s where you’re going to have the new building titled at, whether it’s your name or a different LLC.

Nice pro tip. How many square feet is this seven-unit commercial building?

15,000 square feet.

Nice size. One of the cool things I have to underline for the readers, because it’s just such a powerful way to find commercial property, is you stumbled upon this one, it sounds like. You call the agent for the vacant unit. There’s a lot of buildings out there with a similar type of circumstance where someone’s like, “I could just keep renting it. I could sell it. I’m not really trying to put it on the market.”

You have that perfect timing with a low amount of competition in the event that you overturned that stone, which you did hear on calling on the vacant unit and now it just so happens to be for sale. That’s like one of the expert strategies. I know quite a few people who have done that successfully and found phenomenal deals here, just like you did.

They always say there’s no good or bad. There’s no perfect market. Even now, people are like, “There’s no deals.” There’s deals. If I was 100% in real estate, I would be calling. I would find all our deals. Even the duplexes, we found those on our own with my wife. We didn’t even call an agent. By the time the agent told us this property’s for sale, we’re like, “Yeah, we’ve already told another agent. We’re already under contract.” Agents are just so slow sometimes. We find our own properties. The townhouse we bought that was foreclosure. We contacted the agent. By the time he contacted the seller, it was under contract. We’re like, “He was so slow about it.”

 

There’s no perfect market, but there are always deals. You just have to look and find them yourself.

 

A couple of weeks later, we’re looking online and the property’s back on the market. We called a different agent and made an offer. That guy, we were literally under closing, he calls. He’s like, “Huys, this property’s back on the market.” I’m like, “Yeah.” There’s always deals. You just have to look and find it yourself. The way we did this one, even speaking with that other developer, again, if you just talk to people and you get in networks you’ll find deals. There are deals out there.

Acquiring A Seven-Unit Commercial Property

What was the current net operating income on that when you bought it? Did you know that number and what was the purchase price?

The purchase price of the new building was $860,000. We bought it at $860,000. I want to say around $12,000 gross was what it was bringing in per month or more. Right now, it’s grossing around $15,000 something with me obviously not paying that much because I’m taking one of the main suites.

What are you paying in taxes?

We’re netting about $10,000 a month.

Okay. You’re at about $120,000. Even at an 8.5% cap, that’s got to put you at what?

I never do cap numbers. I don’t make real estate confusing, I make it very simple. What is our monthly expenses, our mortgage, our taxes, what is the income, what’s left over? I know what I still have to have for, if anything breaks. I know I can look at a building and know what needs to be remodeled or updated in the next years. To us, the numbers made so much sense. After all our expenses, snowplow and grass cutting in the summer, everything else you are left with a little bit over $10,000 a month.

You have space in there. I guess you’re paying yourself a little bit in a sense from the business.

It should probably be another $2,000, $3,000 netting in there if I was to pay the regular. Remember, the duplex we sold, we netted around $200,000. We took $200,000. Basically, the whole down payment was from that duplex. That duplex doubled in value. We took all that money put into this one. Technically, we only finance like $600,000

This thing would appraise no problem right now at like $1.4 million. I don’t know how anxious the banks are when there’s an owner occupant with the space. There are rules sometimes of certain percentage the owner occupies. They may treat it like owner occupied versus certain percentage is tenant-based. You have more investment value. $1.4 million, even at like 65% loan to value, which you could probably geta cash out refi and something like that would be around like $900,000. It would make complete sense to do that deal if you weren’t even going into that deal. You bought it for $860,000, you got it tenant in and then you pulled your cash back out. Did you guys have to put se serious capital improvements at all?

Nothing. I was in construction so I could inspect the building. I had to do my own inspections. I inspect my own buildings. No, I looked at this building, I knew that there’s seven air handlers on the rooftop units. I knew three of them are old. I knew that it was a matter of time and I could budget $7,000 or $10,000 grand for each one that’s going to break. One did go out. One of my employees, her husband actually owns a HVAC company. He got the unit for me for half the price. Had a friend put it in. I saved like half the month. I knew that was going to go out. Everything else, the building is all brick. Everything is fine. No maintenance.

It’s a smoking deal and I really appreciate you being candid here on the show about it because I think it’s a great. If someone’s flipping houses and they’ve got 10, 20 rentals, 40 rentals, a deal like this would be a great stepping stone into the commercial arena versus like buying a 100,000 square foot shopping center. I don’t know, I think you’d better off maybe learning on the $860,000 purchase.

I wouldn’t be ready to go into a shopping center. This was our first, and then that other commercial property that we turned right into a commercial, our little commercial on the square that we call it on a little downtown area. We took that single home, took it into the two offices and the tenant upstairs. We don’t really consider this commercial. This is really a true commercial unit, a true commercial building. I always told my wife like, “If we’re going to try it, let’s try it.”

We went from netting around $1,000 a month to taking the money from that property into this one and netting over $10,000. We’re going to lose a tenant right now that we were aware we’re going to lose. We’re going to lose about maybe 25% of income because they’re moving out. However, because this area is by the hospital and it’s a really good area, even if it takes longer, we’re fine. We could lose half our tenants and we’d still be even. All that stuff, we take into account. When it comes to numbers and cap numbers, to me, I always protect. If we lose half the tenants or if we lose how much do we have, how much do we have left over everything, worst case scenario?

Structuring Financing For Real Estate Deals

Yeah, and I like it. It’s a building that’s yours. There are not investors. A lot of people who are doing commercial deals are like raising the money from 10, 15 different people. There’s something to be said for owning the asset 100% with the wife, whatever the case is. There’s something to be said for that control long-term, especially to mitigate the risk of like, rent increases in space that your company might need. There’s a ton of reasons why this deal would make sense. How did you put the financing together? Was it like a local bank and you have to refinance?

Yeah, let me tell you. This was super great. I don’t know how much can I indulge into this, but we’re building a house. We’re building a house not far from here. We had a lot and because I’m GC-ing it myself, it was very hard to find a loan because not many banks want a loan to someone that’s GC-ing a project themselves.

There’s a local bank here that’s got two branches and they’re great. They ended up loaning the entire project, the entire build with me GC-ing. It turns out then my neighbors actually know the president of the bank. He’s also the underwriter. It turns out he’s great. He loves small businesses. As soon as we had this property, we found out. I contacted them.

I said, “We have this property. Would you guys want to look at it?” He was like, “Yeah, send me the numbers.” Next day, he was like, “Yeah, this is great.” That’s it. In a month, we were closed. That’s how it should be. It was working with them even for this construction loan now for anything. Now I’m like, “I will never go to another bank. They will get all my money. I will do every deal with them because it’s the most simplest process.” It was great. In my business, we banked with the Chases, like all the big branches and the servers just don’t care, I guess, unless you’re doing millions with them. You had to go through like ten people to just get an answer on some of the simplest stuff.

Understanding Market Rent And Price Per Square Foot

I feel like it must be hundreds of millions you have to do with them to get their attention. They’re trying a little bit, but their hands are always tied at the local level. There’s only so much they can do. Those local banks are fantastic. Do you know what your price per square foot is for the rent on any of the tenants? What’s your market rent?

I’m not sure. My wife has all the numbers in terms of square foot and what we’re renting each unit for. I know where they were rented for like fair amount compared to everyone else because she did the math when we compared it to other one. She would have those numbers. She runs more of the numbers. She collects the rents. Of course she collects the rent. She does the leases. I handle all the problems. The worst part is I’m in this building with the other six tenants. When there’s an issue, they just come and knock on my window.

It’s the only drawback.

My original plan was don’t tell anyone that I’m the landlord, but I like talk to people. As soon as we moved in, I’m the new landlord. All of a sudden, now I got people knocking on my window. We might have someone knock while we’re sitting here.

You must have all kinds of problems then.

Not many. Honestly, the only issues we’ve had besides the AC is the lights going out, the light bulbs. Now we’ve been converting them to LED. As soon as we have an issue, we have a method to convert them to LED and then we call it a day.

It’s a good deal. $57 a square foot on the purchase. I’m throwing a dart, but if I had to guess, probably like $8 to $11 a foot, something like that as the rent. I can see why the president was like, “Yeah, this one makes sense,” because when you do it on the cap rate and the investor math, it’s a good deal. Congrats on that find.

The agent asked us like, “What would you want to pay?” I said, “No. What does he want? I want him to make us an offer.” I think he said $890,000, and then we came down and we met at $860,000. The city appraised it for $1.1 million.

Was that just for taxes?

Yeah, and the city’s appraised low always. We knew if the city’s appraising it $1.1 million, we’re getting it. The math just made sense.

The Role Of An Insurance Adjuster In Real Estate

Let’s switch gears and dive into the insurance adjuster. What is an insurance adjuster and why should a real estate investor care?

There’s different adjusters. There’s a staff adjuster that works for the insurance company. You’re going to have the independent adjuster who works for the insurance company and then there are public adjusters. Sometimes they say private adjusters, but a public adjuster as known. The license it holds is an adjuster that works only for the insured. We can only represent the insured on their own claim.

When we explain to clients, it’s like, “The insurance company has their own adjusters, their own attorneys, their own contractors, their own team. Everyone works for the insurance company, so they’re all looking out on behalf of the insurance. They can’t they can’t be representing the insurance company and then coming out and looking on your behalf. It’s like an attorney representing two parties.” As a public adjuster, we represent the policy holder and advocate only for the policy holder.

Small little delineation there, but I’m just thinking back to when I first bought insurance, and I think I had a claim for a car accident when I was in my twenties. They came out and gave me a check. This is great. The adjuster just came right out. It was easy peasy. Through real estate, I’ve learned that they don’t necessarily pay out on every claim and they try to minimize the amount on certain claims. That would be the staff insurance adjuster or an independent adjuster working for the insurance company versus a public adjuster, which the insurance company’s not going to tell you that you should find or use a public adjuster, right?

That’s correct. They’re never going to tell you, you can hire a public adjuster. They’re not going to say hire an attorney. They’re going to keep pushing their own people, whether it’s, “We have our own vendor. Would you like to use our contractor? Would you like to use our own this?” They want to control the claim. We’re in this industry, so when I had an accident years ago and I got an estimate for my truck, we don’t work car claims, vehicle claims, but I remember going through the estimate line by line item, just like we do with buildings.

I remember there was $3,000 missing in that estimate because he had quoted lower parts that the truck actually had because it was like a better model. I was able to find $3,000, never worked in car loans. Just knowing the industry. If I was just a regular consumer, I would’ve got the check and be like, “Great. He cut me a check. This is all nice.”

What was the total amount of that claim? You found $3,000 extra in a claim.

It was $5,000 they gave me for my truck, and then I ended up finding another $3,000 there that they owed me. It was a $8,000 claim total.

We’re not talking an insignificant percentage of fine. That’s what the car insurance companies do. How much worse does it get in real estate?

We’re talking about huge numbers.

That’s right. Maybe we could talk about an example on a claim where they issued a certain amount of money and then you got involved and you found what, and then the total claim ended up being how much?

Yeah, the best one, we finished there’s probably a video with the insured. Brother Elijah, his claim, it was a church they purchased. They have a church, but they also do schooling. They were going to convert this old church into a school. They had a fire like a couple months after they purchased it. The adjuster came out and I think his initial estimate was like $800,000. That claim settled for like $3.1 million, I think, or $3.21 million.

It’s so significant, right? You could say, “Andy, that’s just your winners.” We’re always like, if we take a claim, we’re always going to significantly raise and get our clients every penny. That one’s a really big one. I’ll tell you, we had a sixteen-unit building that burnt down. He had a $550,000 policy and had a total loss. The adjuster came and wrote damages for like $580,000, but then he took depreciation. There’s a difference between ACB policy and ARCB policy. That insured only had an actual cash value policy, meaning that once the depreciation was taken away, that’s all he would get. He would not be able to claim the depreciation.

That adjuster gave him the $330,000 check. He actually called us because his investor-mentor recommended us. We looked at the building and I looked at the claim and I said, “You could tell that the adjuster start stopped writing his estimate because he got to like $580,000.” It was like right over the limit. When we got a hold of this job, the adjuster actually reached out to us and said, “Why is he hiring you guys?” I said, “What do you mean?” “I already paid him limits.”

I’m like, “We didn’t pay him limits. You wrote limits, but because the depreciation is so high, you’re only getting him $330,000. That’s all he could claim because he’s got an ACV policy only.” We ended up writing that estimate that damages were over $800,000. Even after you took out all the depreciation, he got a full settlement of $550,000 plus there was an endorsement for debris removal, so he had another $25,000 plus 5% of I forgot what other endorsement. He ended up getting an extra, I think, $300,000 that he wouldn’t have got.

Impressive. You breezed past ACV and ARCB.

Yeah, sorry, I didn’t want to stop right there. We just had an insured, same thing. They had a fire their investors out of Mexico actually, and their policy was an actual cash value policy too. A lot of people don’t know that. It’s scary. When the claim is settled, it’s always settled on a replacement cost value. When we calculate it, we’re going to say it’s going to cost $100,000 to replace this home. We’re going to say it’s twenty years old, all the material. Now we’re going to depreciate the material and, in some states, labor by 20%.

 

A lot of people don’t realize their insurance policy is actual cash value, not replacement cost. It makes a huge difference in a claim settlement.

 

If we’re going to take $100,000 depreciated by 20%, that’s $20,000. You take $20,000, that’s the depreciation, and now the insured gets the actual cash value, which is the $80,000, that’s your actual cash value, what’s left after the depreciation. Now if you have an actual cash value only policy, you are only getting that $80,000. Most policies are replacement cost value, meaning you get that depreciation amount once the repairs are complete.

The replacement cash value is the one that readers would want to make sure they bought.

A hundred percent. You always want a replacement cost policy.

Is that like the insurance broker should normally pick that up as they’re placing your policy, which brokers are shoving people into actual cash value policies?

I’m wondering the same thing because if I’m a broker and you come to me. I get a lot of the consumers maybe want to have the lowest premium. I don’t care. If I’m a good broker, I’m going to explain to you, “You’re going to save $1,000 or $2,000 a year, but understand that if you have a fire, you have a major disaster, you’re going to get half the money and that’s it.”

I don’t know how as an agent, you’re not explaining that well enough for the client to spend a little bit more or get them in it with a different carrier so they can actually be covered for the full amount. It’s a scary thing because if you know fires, again, no one ever thinks something’s going to happen to them. That’s the call we always get. “I always had insurance. I never thought this was going to happen to me.”

Everyone reading the show right now, that’s what we’re all thinking. “Nothing’s ever going to happen.”

I was on a podcast and the host, a really nice gentleman, and I won’t say his name, but a month after he reached out to me, he had a fire a month after we were on the podcast that he had me on. It never happened to him.

I’m assuming it worked out and you were able to perform?

Yeah. He was super happy. He was grateful.

Critical Timing In Claim Filing

Let’s go back to Brother Elijah’s deal. They offered $800,000, you got him $3.1 million. What a time period, and like what were the interactions? Maybe what we’re trying to pick out in this example, Andy, is could Brother Elijah have made a mistake by signing a document or cashing the check of $800,000 or something he could have done that would’ve like jeopardized the position? Do they have to call the adjuster within some certain timeframe? Where at in the process would you fit in there?

Yeah, Brother Elijah was very smart. They cut him the first check. I don’t know if he right away knew something was wrong. Actually, when we talked, he purchased the building for $700,000-something. When they told him it was $800,000, he thought it was pretty fair. When he got a contractor in there and the contractor told him, “There’s a lot of damage here. You might want to call, get a second opinion,” is when he reached out to us.

When I initially walked through that building, in my eyes, I’m like, “This is around $2 million and up.” Having a construction background, I know what it takes to put stuff back. I know the material price and labor price of stuff. In my head, right away, I could calculate everything. Even if he cashed the check, unless the check is a settlement, meaning it says settlement amount that you’re settling a claim with them, it doesn’t do anything. It’s an old myth. If they give you money, you take that money and you deposit as quickly as possible. Take that money, that’s your money. Whether you hire a public adjuster like us or you don’t, you want to take that money and keep fighting the claim.

Will they try to put a document in front of you at some point that says, “We’re accepting this as a full settlement,” or is there laws against that?

They wouldn’t put a document in. There’s claims we settled to where they say, “This is where we’re at. Would you guys want to accept the settlement offer at this?” The settlement offer says, “You guys are going to get a check and it says it’s a final settlement offer.”

That’s what you want to look out for then?

As long as the check doesn’t say settlement or you’ve signed something, but most checks that you get those first checks are those actual cash value checks. Brother Elijah, that $800,000, I think, his actual cash value was $400,000 like $500,000. That was his first check, the $500,000. If he was to deposit that check, it doesn’t hurt the claim or doesn’t do anything with the claim, that’s his money.

How Insurance Claims Are Paid Out Over Time

Does a normal insurance claim pay out 2, 3, 4 different checks? I’m curious, if I’m the insurance company and I want to operate in an unscrupulous fashion, why wouldn’t I have him sign off on the $500,000 when I’m sending the $500,000? It seems like they would attempt that, but they’re not attempting that all the time.

Most people won’t hire a PA. I think it’s said there are only 5% or 6% of insureds that actually hire a public adjuster or get help. They know most people won’t get help. They’re not going to look out to an attorney or reach out anywhere. They’re just going to they’re going to do their thing, they’re going to settle the claim, have a contractor go and do the repairs. Most of the time, when they want to hire a peer or want to hire someone, it’s too late.

 

Most people won’t hire a public adjuster. They’ll settle the claim, hire a contractor, and by the time they realize they need help, it’s too late.

 

Yeah. You have to get in there quick. Did Elijah hire you very early in the process? You may have just mentioned that

Very early. He got the offer and as soon as he got the offer, he had a contractor go in there and then a couple days after he contacted us. It was pretty early.

It sounds like one of the critical step steps is hiring the public adjuster immediately.

Yeah. If he hired us from the beginning, as we always recommend with most investors, like we’re Brother Elijah now, he had another fire actually at another building that he rents out to his parishioners for free. Actually, he doesn’t rent it out. If parishioners are going through a hard time, he lets them stay at this house. This guy’s great. This house actually caught on fire and so he called us right away. The best step is, again, even with that church, if he called us right away, it probably would’ve been more than $3.1 million. It probably would’ve been settled in half the time.

What was the timeline it took to settle that one?

Once we got hired, I think within 90 days, that was settled. That one was very quick. Depending on the claim, depending on the insurance company, depending on where we come in the claim process,

What would be the long end someone could expect. Let’s say single-family. We talked a little bit about commercial. Owner occupant, even. We run into this a lot. We buy these houses in Philadelphia, Chicago, around the country, and occasionally we’re getting the fire damaged. They’re calling because they had a fire a few months ago. One of the things the sellers are often mentioning to us, Andy, is, “We’re fighting with the insurance company. Let us settle this out, then we can deal with the sale.” I’m wondering if there might be a synergy there for us to introduce the adjuster or make sure they have the adjuster. I’m also curious, what’s that timeline for them on the long end to sort that out?

Yeah, with a fire, it should go pretty quick. Once we get hired on a fire, fire claims go pretty quick. That’s our specialty. Majority of our claims that we handle at all city is fires. We’ll do large water claims. We actually do in a couple tornado claims in Ohio. Large losses is our specialty. When it comes to a fire in like Chicago, those go pretty quick. If you have State Farm, again, I don’t want to shoot out one insurance company, but I just said it. With State Farm, they’re just so behind their adjusters that even if we give them our estimate and give them everything, it still takes like two months to go through like five managers just to issue a check.

You got to wonder if that’s because they’re behind or it’s a great strategy.

I’m going to tell you right now, this claim here in Ohio is a fire, it’s an investment group. There’s four investors. They just called us and we just did this Ohio claim and we met with the adjuster. I’ll tell you how long it’s taken because this is a large loss. This is going to be about $500,000. Since the fire happened, 21 days. We already wrote our estimate. We inspected it, we already prepared all our documents. We already met with the adjuster. He’s already got our estimate. We should have their initial offer. If it’s good, it’ll be their initial offer or their final within 10 days, 30 days. If there’s stuff missing, then we’ll have to go back and negotiate it. Within 60 days, we should have that claim wrapped up.

Let’s say they get an offer and they hire us. Now we have to go and recreate the whole story like, “Dan, what happened in the last five months of this claim?” “I gave them this paperwork and I told them this and this happened.” Now, not only do we have to present the amount of damage, but we have to say, “Go overturn everything you’ve already told and or you’ve already said.” It’s a little bit more work and it takes more time.

Do you operate nationally, Andy?

Yes. I think it’s close to 40 states now.

Okay, so not quite nationally. Are there any states, maybe the no state list if someone was reading versus all three?

The reason I say all states, because some states don’t, like Alabama doesn’t have public adjusters. There’s states that don’t have public adjuster designations.

Okay. They’re not legal, it’s not written into the insurance.

Pretty much every state, major state. I don’t think we’re in like Montana, the Dakotas, I don’t think we were in. That’s pretty much it. If you called us now and said, “We had a fire in Montana,” we’d reciprocate our license within two weeks, we’d have a license and work claim out there. It wouldn’t be an issue. That’s how we grew our business actually, originally. When we had our first original investors here in Chicago, Indiana, as they grew their portfolios, we grew with them. They would grow to Ohio. We’d get our license there, get an office and grow with them. That’s how we got into so many states and grew nationally.

What makes up your business in a percentage commercial versus single-family residential?

I would say 70% is commercial whether it’s a single-family commercial or like single-family investors. 30% would be residential homeowners.

Is there a low end of the property value that you simply can’t get involved? I don’t know. They have a $100,000 insurance policy or something.

Our claim, we stick to $100,000 claims and up. That’s where we like to like to be at, where it makes sense for us.

That’s typically going to be the large losses, like you mentioned, the fires, tornadoes and I guess a frozen pipe on the third-floor flat?

Frozen pipes and third floors are the greatest. We do them all the time. Again, not great for everyone, but we do them a lot. If someone calls us, “I had a frozen pipe in my basement,” probably not much in a basement, 2,000 square feet. It might be a $40,000, $50,000 claim. Not much we can help. We just recommend someone or say, “Here’s someone we know.”

It’s not about money and stuff. More or less it’s large loss because we have the team to handle it. We’ve built the company around handling large loss and bringing in the right people. Our main estimator spent twenty years with farmers handling large loss. He was in charge of million dollar claims and up in all of California and some others, so that’s how we’ve built the company.

Yeah. He’s going to have to fly out to Georgia or wherever the claim is.

We fly out everywhere. In Galveston, Texas, a home right on the beach had a fire. From Galveston, we’re going to Ohio for a tornado. We’re everywhere.

How do you get paid? Is this like paying you by the hour contingency fee? What does the client expect?

Whatever state we work at, whatever claim, it’s 10% contingent on what we recover. If we get hired right from the beginning, it’s 10% of the final settlement. If the final settlement is $300,000, it’s 10%.

Does that normally get paid like straight to you? Does it go to the client?

No, the insured. The insured pays us once we settle the claim. Either they’ll get a check or we get a check, we’ll endorse it, and then they send us a check or we’ll write a check to them minus the fee, and they’ll endorse the insurance check. The getting paid part is like us getting paid in the final is pretty easy. It’s just making sure we get the client paid.

Is there ever a time where it’s contingent so if no resolution comes, there’s no fee. Is there ever a time where you guys try and there is no fee?

In ten years, we’ve had two claims that didn’t go to an attorney claims that were just not denied, but just didn’t get paid. Technically, in ten years, I think there’s two claims that I could remember that we didn’t get paid. There was contingency and there’s just nothing else we could do. We came in too late, the client was already setting up. There were too many parties involved.

How To Avoid Bad Public Adjusters

Are there bad adjusters out there, Andy? Are there people who bungle the situation that we need to be on the lookout for?

Yeah, 100%. You have to do your due diligence when you’re looking for a PA and especially when you’re doing your due diligence, let’s say you had a fire, you had a large loss. Every public adjuster is going to say, “We do fires, we do water, we do everything.” Most public adjusters in like Florida only handle storm claims like wind, hail. They don’t really do fires. You have to make sure you actually specify that the public adjuster knows what they’re doing and they can handle a large loss or they know how to work with management companies or associations or investors or landlords.

 

You have to do your due diligence when choosing a public adjuster. You have to make sure they know what they are doing. Experience matters.

 

It’s different policies than homeowner’s policies. I can tell you for an investor, if you send us a policy, I already know you don’t have code coverage unless you actually paid extra for it. Whereas if it’s a homeowner’s claim, it’s mandatory. You always have it. When you purchase a home and you purchase insurance with State Farm, law and ordinance coverage is already included.

If you’re an investor and you purchase a landlord policy, that law and ordinance is not included. You actually have to buy that separately. Again, knowing that the public adjuster knows what type of claim, what type of scenario is probably the biggest thing you have to be aware of. A lot of pa firms are small. You have to remember, 80% if not more of PA firms are mom and pop, very small local. There’s only so many big companies, big PA firms that can actually handle large loss.

When Not To File An Insurance Claim

I have a question that may not be adjuster-related, but I’m looking at a building right now and the guy made a claim because I think his roof, I don’t know if it caved in or it was leaking, probably 80,000 square foot building if I remember correctly. It was a $500,000 claim. They dropped him and he’s got like 350,000 square feet that I’m trying to buy off of him right now. None of us can now get insurance because he made the claim.

I have quite a few people who are friends of mine, who won’t even make the claim. $60,000, $80,000, $100,000 repair on their commercial property. They know better than to make that claim because they’re going to get dropped. That next insurance premium might go from $60,000 a year to $110,000. You’re fine and you’re in the clear in two years by paying for it out of pocket in a sense. Do you have any insight around there’s time and place not to make an insurance claim?

That’s one of the tips we always give when I’m discussing claim process and adjusting area with people. For our company, something we love to do and we do for all our clients is we advise when to file a claim. There are always times when there’s not a right time to file a claim. When a client calls us, you call us and you say, “Andy, everyone in my neighborhood, all these businesses got new roofs. I should file a claim, I’m going to get a new roof.” No, that doesn’t work that way. If we look at 10 properties, everything’s identical. To that one property, let’s say 1 property, there’s 10 different claims, 10 different adjusters, 10 different insurance companies. Even if it’s the same insurance, ten different adjusters are going to adjust that claim differently.

 

Every insurance claim is different, and every adjuster will see it differently.

 

It doesn’t matter what your neighbors are, what the situation. What we do is we’ll come out, we’ll take a look, and unless we’re like positively that this is going to be a good outcome for the insured, we’ll say, “Do not file a claim because it’s not going to make sense.” I’ll give you an example. Again, most pas are smaller. If they get a call for a million-dollar property, they’re going to file a claim no matter. They’re just going to file because they hope it sticks.

In 2023, we had a call. It was 260 buildings. This is somewhere in Illinois. This was 260 buildings. You’re looking at this, it was 260 duplex senior living families, these buildings. They had a company out of New York come out and tell them they should file claims that there was damage everywhere. They sent them this whole presentation. I looked at this presentation, I’m like, “It looks like there’s a lot of hail damage.”

We pulled the weather data. There was no big hail or storm in the last years. They called us because they wanted someone local. We went against up some other PA firms. We ended up winning the job and we looked and inspected the building and I said, “When did you guys replace the gutters?” They said, “We replaced the gutters like three years ago.” There was damage on certain parts of the siding and these guys took pictures of those old siding where that’s been there for twenty years, so that damage was very old.

I’m like, “If you guys replaced the gutters in the last 3 years and you’re filing a claim that within the last 2 years you had a storm and none of the gutters or down spots have a lick of hail, there’s no damage here.” I met with the board and advised them to retract that claim back because not only did they have a good insurance, but if they would’ve filed a claim, the insurance company would come out and take photograph and then say, “Do you guys have old siding, old roof? We’re going to drop you. We’re not going to insure you anymore.”

Now it’s going to be hard because now every other insurance company is going to see that. They actually rechecked the claim. They still have that same insurance, still have that great premium. If storm ever happens, it happens. They’re insured for it. The insurance is not there to pay for old damage or cosmetic. That was a great question because there are right times. If you have a $50,000 deductible, Dan, and we go in and we say the damage only $60,000, why would you file a claim? It makes no sense. It’s got to make sense for the insured. Since I’m an investor, I always look at it from an investor side of myself, like, how would I be in that scenario? Am I going to come out better? It’s got to make sense.

It sounds like that would be a reason someone could reach out to you as well. It’s not just in the event that total loss. Obviously, if there was a fire, you have to make the insurance claim, but you have this other questionable situation that arises and you’re unsure. In my instance, Andy, I had like a fire next door to the house. The tenant had a little bit of like soot and I called a public adjuster and it was one of the little guys and he filed this claim he had like a $2,500 an hour deductible and it was like $4,500 in cleanup.

That never ended up getting done. We couldn’t schedule with the tenant. I had to evict the tenant. We didn’t even do the cleanup, but I got the check and then my insurance went up by 20%, 30% and I never knew that that was going to be a risk. I’m hoping readers who maybe didn’t know that filing the claim could be a risk as well. Especially now, we’re in an insurance market, I don’t know if bubble is the right word. It’s the opposite of a bubble where all the insurance premiums have gone up and there’s a lot of insurers who are simply backing out of markets and property types.

Your risk of being uninsurable in this market, it’s never been quite this tight, at least in my years of being in real estate. To circle back, that’s a service that you would offer readers if they’re thinking about a really large claim, but unsure whether that risk to their current policy is worth it. That’s something you’d be able to advise.

Right now, we’re going to be able to have like a yearly fee with investors that we look over all their policies, we inspect their buildings and then that fee, if they do ever have a claim, would get subtracted. We’re still working out the fine details of that. In the meantime, because we don’t, we inspect properties, we inspect policies, we look over interpret policies all the time. If you called me now and said, “Andy, I have a couple properties. Can you look at my insurance documents? Can you look at my buildings? A hundred percent all the time. That’s how we’ve built our reputation. When it comes to premiums, it’s illegal for them to fi raise your premium or drop you because you had a claim.

They’ll drop you, but they’ll never say it’s because of the claim. Technically, premiums go up every year. If I look at all the insurance premiums we have, they just keep going up every year. Some of the properties we never had a claim on. When it comes to claims, on our lake house, we had two storms that went through and we filed two claims. Now the whole house is basically brand new on the outside. I would think they would be more than happy to insure me now, because everything’s new, everything’s better. Now I had a hard time getting insurance because I had two claims on the same property.

The loss run history will follow that property, right?

Exactly. It’s that property. It’s not even just you, it’s that property because everything else is fine, all my other building, it’s just that property.

I bought a couple that had losses I didn’t know about before and they were j just nightmare to get insurance on them. I fixed the fire damage and it followed the property, not me, for sure. The yearly fee program to review insurance stocks is interesting because a lot of brokers will offer. I’m like shopping for insurance. “Let me make sure all your claims are in line.” Can I really trust the other insurance broker? He’s trying to sell me a policy like I don’t know the business.

We have a love and hate relationship with brokers for the fact that most of them think know everything when it comes to claims. They’ve never worked the claim or never seen the claim process because they sell policies, they think they know the claim process. The claim process and the claim handling is 100% different from selling policies. They’re selling a policy based on a premium. They’re trying to sell you something. They’re trying to say, “Dan, I got you covered here. It’s only $5,000 a year.” We’re looking at from a perspective of loss mitigation. If you have a fire or you have water damage, are you covered for this? If you have this, are you covered for this?

We look at all the little stuff because we see all of it. We also know which carriers pay claims better. When I say pay better, I mean pay faster. Work claims faster, are easier to work with, have more experienced adjusters. We know that aspect when there’s those brokers that sell it don’t know because they’ve never seen that side of the business.

We’re looking through a different lens and then we are looking through a lens of an investor as well. What are you paying? Is there another insurance that you could get the same coverage for less? We’ll advise you about that. The whole program that we’re trying to make here is to get investors prepared and prepare them for losses before they happen. They might never have a loss. Great. If they do, they’ll be prepared and they’ll just be in a much better scenario.

You’re a disinterested third party because you’re not going to get the commission from selling the policy, but you are an interested party and your interest will be in line with the insured if there is a loss later. In a sense, you’re on the right side of the table to make that make that evaluation.

The reason we wanted to do this, Dan, is we love working with investors. We love reading policies and seeing what’s there, what’s not covered and what’s in there. We look looking at buildings, but it’s to get involved before, like as soon as the claim happens because the problem is we get so many investors and landlords that call us when it’s too late, when they’ve already called the claim.

We’re just dealing with the claim and the investor and whoever called the claim said, “We had a tree root damage.” The actual cause of the damage was there was a clog in the pipe, which technically falls under the full policy limit, but the claim is now denied and we can’t overturn it. It’s got to go to an attorney because whoever called the claim said the wrong thing. We’re calling the claim and we’re inspecting it before they do anything, before they even call the insurance.

I think you touched on it before, but I’m feeling like the biggest underlined point for me is if I have the loss, even if it is a total loss and it’s a fire or a tornado or whatever the case is, it’s smart to call the public adjuster first before the insurance company.

A hundred percent because the first thing we’re going to do is look at the loss, make sure it’s covered. We look at the policy. These days, it’s not only maximizing the claim and getting every penny that you’re owed, it’s just getting the claim paid and making sure it’s not delayed or worse, denied because a lot of claims we’re getting is denied.

We have an insured that’s with legal right now. They were selling a building, so they had their primary residence. They put it up for sale and then they went to their son. They had another home across the street that they moved in with their son. They took all their furniture out because they were selling the home. The home caught on fire. That loss got denied because that home wasn’t their primary residence.

They lived there, it’s their primary home, but they weren’t living there when the fire happened because they were selling the house. They cleaned it out and they were living literally across the street with their son. It was their house. They were renting. It was their rental. Their home caught on fire. It got denied because they didn’t call it a primary residence. If we were involved, this would’ve never happened because I know that what to say and this. It’s not about lying, but when you’re too honest, you tell them too much, then the adjuster is like, “Okay, it’s not their primary. They’re not living there.” They checked all the boxes and they denied the claim.

I think conventional wisdom is called the insurance company first immediately when there’s a loss. That’s why I think it’s just 180 degrees, turn that conventional wisdom on its head and call a knowledgeable adjuster.

If you can have a private adjuster on your team before, like even maybe you never have a loss, but have one on your team to interview on and have them look at your policies and know what real estate portfolio you have, what properties you own, that’s the benefit. You want to have one before, because then if something small happens, maybe there’s a hailstorm, I would come up and say, “Dan, we looked at your properties. Everything looks good. No damage. You’re good to go. No reason to file a claim.”

As we get to the top of our episode here, before I switch gears, is there anything else I forgot to ask? Maybe just didn’t have the knowledge to ask that might be of interest to the readers?

No, I think you hit the main points. I think we went over all the main stuff.

Books And Podcasts That Inspired Andy

All right. You’re successful business owner, real estate investor. Do you have any books, other sources of inspiration, podcasts that you might want to share?

Of my own?

Meaning like in general, stuff that’s been impactful along the way.

Some of the books have been The Alchemist. Rich Dad, Poor Dad is still one of my favorites. There’s a book called The Slight Edge that had a huge impact on me. It’s a great book. It’s weird. It’s so simple to read. Sometimes I read it over and over again because it’s just so simple. It’s really well put together. Tony Robbins was a big factor. Jim Rohn. All the YouTube motivational, if you’re into that stuff. The one person that stood out always to me was Jim Rohn, soft-spoken. Tony Robbins is a little bit louder.

I got to see Tony live. Actually, when I got to see Tony live, I was pretty young, still, starting in business and then I was didn’t know what direction I’m going and I didn’t really have that much money. I really wanted to see him. I know the tickets to see him up front were like three times more. I don’t know how I got the money, but I got the money to sit up front.

I remember sitting next to all these business owners. The guy next to me, they’re like the biggest importer of produce from Mexico. I’m like, “All these guys have all this money. What am I doing here? I don’t even have money. If they have money and they’re here learning and trying to see, wow.” That was a big eyeopener for me at that time.

Advice Andy Would Give His Younger Self

The crown jewel of wisdom. Andy, if you could go back and share with yourself, let’s say just as you were buying that first duplex, knowing everything you know now, what would you go back and share with yourself then?

The only thing I would go back in real estate and wish I tell myself is buy more property. I wish we bought more. When it comes to business, I would say I didn’t know business that well and I learned business on the fly and I made a lot of mistakes. I would’ve slowed down and definitely watch how I spend money and on what.

Where can readers get more information? Do you have any resources, websites, things of that nature that you’d like to share?

Yeah, they could check us out on AllCityAdjusting.com. For your readers, I’ll leave them with my direct line. If any of your readers ever want to get ahold of me or have questions when it comes to real estate or public adjusting or help with their claims, they can reach me at, at (708) 655-4186.

The Kindest Thing Someone Has Done For Andy

My final question. Andy, what is the kindest thing anyone has ever done for you?

It’s hard. I was trying to think about that. I’m blanking. You got me on that one. I might have to skip on this one. I’m going to have to get back to you on this one because this one I might have to just share with you with an email because I can’t even think.

All right, we’ll take that for now.

I’ll have to get back to you on that one. Not that people haven’t done kind things. I was at Starbucks the and they wrote on my cup, like, “Have a great day,” with a smile. I thought that was pretty nice.

It’s funny. It can be hard to pick the kindest thing. Everyone who’s living life has had people do some kind things along the way. To put one in front of all the others might be unfair, perhaps, right?

There are kind things that happen to me. To pinpoint one, actually, I’m a big office guy and I remember for one of the Christmas, one of my employees got me a mug that says The Best Boss Ever in the Office, which was cool. Sometimes, it’s the little things. There’s so many of those I could pinpoint. If I ever think of one big one, I’ll definitely get back to you.

That’ll work. Andy, I appreciate you coming on the show. I got a couple of pages of notes here and I learned a lot and I’ve been doing business for a little bit of time here and consider myself okay at it. Call the adjuster before the insurance company. What a huge piece for me. In closing, I really appreciate you taking out the time and coming on the show.

Thank you so much for having me. Again, don’t forget to mention that picture you got in the back.

For the readers who are like not watching the video, there’s a dog behind me on the wall here.

Not a normal dog.

It’s a famous dog, actually. The most famous TikTok meme dog, I think it was, from 2023. It’s that guy right there on the wall that I just had to have. Actually, I put him up, Andy, because we had our dog pass away, I think October 2023, right before we headed to Florida. We’re back in Chicago. English Springer, he had brown liver spots on him. We have a new English Springer who we’re going to pick up. It’s at my fiancée’s aunt’s house and we’re like really excited. A little bit in celebration for the new dog. We have this guy here on the wall.

That’s awesome. I’m sorry about your other dog. Congrats on the new edition. That’s awesome.

Yeah, I appreciate it, Andy.

 

Important Link

 

 

Dave Foster On Avoiding Taxes Using 1031 Exchange Real Estate Investing

The REI Diamonds Show - Daniel Breslin | Dave Foster | 1031 Exchange

 

Guest: Dave Foster is a 25-year real estate veteran and coach who has used 1031 exchanges to increase his buying power while minimizing his tax obligations. He has a keen understanding of how to use this under-utilized tax provision to create wealth in real estate.

 

Big Idea: 1031 exchanges can be used to defer taxes and leverage capital when transitioning from one real estate investment to another. With the right strategy, investors can keep their own tax dollars working for them, creating more buying power and limiting their tax obligations. Dave Foster can show you how to unlock the benefits of 1031 exchange real estate investing.

 

This Episode of The REI Diamonds Show is Sponsored by the Deal Machine. This Software Enables Real Estate Investors to Develop a Reliable & Low Cost Source of Off Market Deals. For a Limited Time, You Get Free Access at http://REIDealMachine.com/

 

This Episode is Also Sponsored by the Lending Home. Lending Home Offers Reliable & Low Cost Fix & Flip Loans with Interest Rates as Low as 6.49%.  Buy & Hold Loans Offered Even Lower.  Get a FREE IPad when you Close Your First Deal by Registering Now at  http://REILineOfCredit.com

 

Resources mentioned in this episode:

https://www.The1031investor.com

 

Dave Foster & I Discuss 1031 Exchange Real Estate Investing:

  • What are 1031 Exchanges
  • How to Use 1031 Exchanges
  • Trends and Strategies of 1031 Exchanges

 

Relevant Episodes: (There are 210 Content Packed Interviews in Total)

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Dave Foster On Avoiding Taxes Using 1031 Exchange Real Estate Investing

Welcome to the show, Dave. How are you doing?

I’m doing awesome, Dan. It’s great to meet you and to be with you. You and I were talking before. I love that real estate sign behind you. That’s the thing every realtor should have.

I know.

That’s awesome.

Family History, Hurricane Impacts, And Real Estate Investment

I will for the readers, because I don’t think I’ve ever discussed it, but that’s from my grandfather and the signs probably from the 1950s. He was a broker for the Catholic Church in Philadelphia. He was like a property manager, and that was his shtick. We were joking about being me third generation. My dad, like, flipped or, like, had 2 or 3 rentals that he did a renovation on and, like, gave him to his partners. That was the extent of his second generation. Ed Kelly was my mom’s side. He was the grandfather who passed when I was like eight years old, maybe. It’s a stretch for me to say I’m third generation. It helped me have the confidence to get started back in 2006 and do those first couple of deals when I had zero dollars, zero experience, and zero connections.

That’s awesome. We all start somewhere, man. That’s for sure.

For us to get a start, Dave, whereabouts are you physically located in recording?

I’m in Sunny St. Petersburg, Florida, where winter came. It was 54 degrees. We’re at the height of our big winter. Don’t cry for me. We’re okay.

Did you guys fare okay with a hurricane that came through a few weeks ago?

Yeah. For everybody who watches those sorts of things, it looked like we were in the crosshairs. Everybody started bugging out. Most of my family, we take what we call her occasions where you just grab a copy of your insurance, pack the dogs up, and go visit friends. It took that turn and ended up going south of us and messed up Fort Myers, Lee, and Collier County pretty bad, but we just got not much at all. We’re fortunate, others not so much.

 

The REI Diamonds Show - Daniel Breslin | Dave Foster | 1031 Exchange

 

I was surprised as the hurricane was coming toward your area, how many friends and people who literally work as service providers within our organization, graphic designers, the mail house, the print shop. I’m like, I have, I don’t know, 5 or 10 pallets worth of printed material that are now in jeopardy. That’s like not any small, let alone all the friends, family lives and all that.

We feel like we as a company really dodged a bullet probably the same way that you do, but prayers for the families of everybody who did not dodge. I did notice last night I saw a video and I see that in Naples, there is this influx of listings now for vacant lots that just hit the market. People are refusing to rebuild. Time to get out. What interesting insight or observation have you might maybe seen a little closer to the ground there in Florida with what just occurred with the hurricane?

I think the model is out there. It’s just who we are. People love, especially in that area, they love to buy their dream retirement home. Many times, that’s a lot to be built on, or it’s a home, and you go through something like this, and it’s like waking up and starting to question your own mortality again. It’s like, “Wait a minute, do I want to live through this?” The reality is that they always rebuild.

I think perhaps what I was discussing with some of my colleagues is a microcosm, an identical scenario as what we had in 2014 with the fires in Pigeon Valley or Pigeon Forge, Tennessee, and Gatlinburg that destroyed 80% of the rental stock of properties. As you can imagine, at that same time, the exact same thing happened. Everybody that could not stomach the risk or could not rebuild sold the lots. Those started getting bought up and rebuilt.

Now, if you just say Pigeon Forge and Gatlinburg, those are hot topics on everybody’s radar for the massive amounts of vacation rental. South Florida, anywhere, or Northern California in the wildfires, any one of those places is going to experience the same resurgent. They always come back because there are always people who are optimistic and who see the ten years of benefit. The problem is if you’re one of the people that have to live through the one year that can sometimes cloud the other ten. It’ll take some time.

They’re going to come back stronger. Don’t believe everything you see on the media, some sensational pictures. If you notice most of those pictures or stick-built construction, trailer homes, and older types of buildings, you don’t have to go very far in England at all and see that most of the properties built in the last 15 to 20 years did just fine.

I wonder what the pricing is on those lots. I imagine that there must be some market force at work with supply and demand, and those same lots even three months ago before the hurricane must have sold for some percentage more than they’re going to get now.

It could be or, strangely enough, in many cases, I bought a lot like this where my choice was between a lot with the house on it. I chose the lot because I was going to have to tear down my house. If the hurricane took care of that, now might be the time to put a premium on a lot that already has plumbing to it. Who knows?

Understanding And Utilizing The 1031 Exchange For Real Estate

True enough. I think we’re going to get into the 1031 exchange here in a few moments, Dave, but do you want to share your background in real estate as a framework, I guess, and then maybe how that progressed into doing the 1031 exchanges as a business model?

That’s a very fun story to tell because it feeds exactly right into it. The 1031 exchange we’re going to be dancing around is a process that lets real estate investors sell investments or real estate that they hold for productive use and then go and buy new investment real estate. If they use the 10th year loan process, they get to indefinitely defer paying tax on the profit and depreciation recapture, which just basically means the IRS lets you keep the tax and use it for your own benefit.

When you stop and think about that, if you’ve got $100,000 tax and you get to use that for yourself, let’s say you put it into a stock, if you were going to put it into a stock or if you put it into a real estate that makes 10% an investment, that’s $10,000 a year. I don’t know about you, but that’s real money to me. The 1031 exchange is huge. The way that I found it was by learning a lesson in the School of Art Knox. We wanted to find a way to create financial freedom that would give us time to enjoy our family because time’s the greatest commodity we have.

A whole lot of people over the last few years, we said, “Let’s do real estate. It’s got to be easy. Anybody can do it. Let’s go.” 23 or 24 years ago, I bought a duplex in Denver, Colorado, fixed it up, and sold it. Life was awesome. Until I went to my accountant, and he said, “Dave, didn’t you have a silent partner?” I said, “What do you mean?” Goes, “Uncle Sam and Uncle Sam’s about to make more on this property than you are.”

That just didn’t sit well. Not to mention the fact that it put my plans many years down the road and behind. It was right at that moment in 1997 that there was a huge court case settled between the IRS and a guy named Stoker, and the IRS lost. This whole new way of doing 1031 exchanges was going to be available for everyday investors. When we started to look at what the impact on that would have been, I said, “We would have totally jumpstarted our own career.”

I had friends saying, “We want to do this for others. Do you want in?” I said, “Absolutely.” From that moment, I’ve embarked on a 23-plus-year career of doing 1031 exchanges for others and using it in our portfolio and business practice. We managed to transition to three different geographic markets and ended up with a portfolio, strangely enough, in Cape Coral, Florida. Back in the day, where we were able to buy a 53-foot sailboat and live on it for twelve years while raising our family and paying for that with income from our rental properties. All without being a penny in capital gains tax. When that happens to you, you get pretty excited about it. I love doing that for others. That’s what got us into it.

Nice. Still got the boat?

We sold the boat when the kids started talking about college because that’s where all my money goes these days.

Fair enough. My daughter’s got two more years of the college payments there. Cool. Let’s dive into it. You describe what the 1031 is. I think people who get into real estate hear about it. For me, it felt like a very far off, distant thing when I first thought of doing, “How do I get the first property that’s going to appreciate it and give me a gain?” The one 1031 exchange I did do was a two flat unit here in Chicago. I bought it.

Renovated it, had it a year year and a half something like that. Sold it versus keeping it and made like $25,000 or something like that. I did a 1031 exchange just for the sake of doing it. I didn’t need the $25,000. I was like, do the exchange, and I had an eight-unit building lined up. I put some more cash with the 1031 money to get into the much larger deal. I still have that eight unit. Now it’s a ten-unit, and it’s one of the better deals in my portfolio that I’ll hang on to. Now that I’ve gotten that thing stable and brought it up to speed. Looking back, Dave, it felt like it was almost too small of a deal for the 1031 for me.

It was like, “Was all that even worth it?” I saved like $9,000, $10,000 in tax. It was worth it. I had the experience, and I have the new building, which I may not have even stepped up to and bought that eight unit. It may have never been a motivation for me if it wasn’t for wanting to do the 1031 exchange. I’m curious. With 23 years’ worth of investment deals and 1031 transactions for clients, what is the optimal deal size that you’ve seen take place or maybe the most common deal size where the 1031 is, like, worth it, really moves a needle? Maybe there’s an example of a deal there, too, that you would share.

1031 Exchange Strategies: Optimizing Deals And Compounding Gains

I think it’s really important to remember that just like you treated it, the 1031 is a tool. Now, it’s a tool that you can use strategically, but it’s a tool that, like any other tool, can have many different uses depending on what the person wielding it knows or what they’re trying to do. I can make a hammer work for all kinds of electrical problems. I just have to use it right. That being said, when I think of it over the years, it depends on where you’re trying to get to. One of my favorite clients of all time was like, in 2004, there was a lady that sold a lot, and she literally made $10,000 on the lot.

Now, as a resident of the state of Florida, she was looking at $1,500 in tax. By the time she paid for her exchange and everything, she was literally only going to save like $500 or $600. I asked her about this, “Are you sure you want to do this?” It’s just not that much and whatever and she goes, “That $500 is mine. You bet I want to.” See, there’s a lot of just personal philosophy about how you feel about paying taxes. What’s important is to see what she did.

That $500 became part of a down payment on a larger property. Just like when you got started, that first amount of gain wasn’t that much, but it gave you an extra boost on a down payment for a larger property. That starts to roll forward. It’s basically a form of compound interest. It’s just compounding. I wish that we had an ability for me to put some screens up here, but I’ve got some examples where we take the exact same investor, and one of them does 1031s, and one of them doesn’t.

That’s the only difference. They sell a piece of property first, and then they take whatever is left. Now, on the $100,000 game for the investor doing the 1031, they’ve got $20,000 more to put in as a down payment of the next property. The other investor doesn’t. We do that in four steps. Literally, at the end of four steps, twenty years, and four transactions. The investor that has deferred the tax has a down payment that allows them to control almost $12 million of real estate.

Whereas the investor who does not do 1031 exchanges has the down payment in the cash to control about three and a half million. That’s how huge that difference is in using the tax for yourself versus paying for it now. It’s the same principle as your 401(k) and IRAs. It’s just the tool that exists outside of those retirement accounts to let you do the same thing. Grow tax-deferred.

You touch on something that I think is an elusive topic, and I learned it best reading The Snowball, which is the story about Warren Buffett that came out maybe ten years ago. He would talk about those same compounding gains. You see the chart, $12 million for investor A who did the 1031s and 3.5 for investor B. We’re like, “That’s great. That makes sense.” I can tell you, I don’t know, realize the impact of compounding that tax portion of your investment.

It took me a few years to really have the maturity and the patience to put the money down there and set it to work because investor B was not going to have access really to that cash pile from the sales. I’m sorry, investor A, who got to 12 million in Yen, he’s not going to get access to any of his cash whatsoever. It’s like do other flexible stuff outside of real estate for that full twenty-year period. He’s not going to touch it. I think that for me, at least when I was a little younger, I liked the hit of flipping a house and there’s a 30K profit.

Balancing Fix/Flip With Long-Term Investment

You are an adrenaline junkie. I got a little bit of that in me as well. You’re absolutely right. There are those people that gravitate to that. Number one, they love the deal to get in, to get out. They’ve created value. They love having that cash in hand, but there are so many things. This is not a knock on the model because I do it some too, but you have to just recognize there are opportunity costs for that.

Opportunity cost is number one, you’re going to pay a truckload more in tax every year. You have no preferential treatment. Number two, you don’t get the tax write-off of depreciation when all you’re doing is buying and selling. You’ve got to recapture all of that. Number three, as part of the calculation of the internal rate of return, one of the things that is huge that people forget is the amortization of the loan.

If you borrow money to buy a property and then rent it to someone, the tenant is paying the mortgage payment. Part of that mortgage payment is a return of your capital that you borrowed. Plus, you get the tax write-off on the interest there. There’s a whole number of different tax-related opportunities you don’t get when you’re fixing and flipping, but talk on it does feel good. It does. There’s a reason for doing that. Can I give you the answer? This is what so many of my investors do. It is an awesome strategy to get the best of both worlds.

 

If you borrow money to buy a property and rent it out, the tenant is paying your mortgage for you.

 

Buying your properties, fix them, rent them out. Now, right there, you just opened up the door for a great internal rate of return. You’re going to get depreciation. You’re going to get rent flow. You’re going to get depreciation. You’re going to get amortization of the loan. You’re going to get the tax write-off on interest. While you own that property and that tenant is paying all the bills, do a cash-out refinance. Pull the cash out of refinance, and use that as a down payment to go buy your next project. Fix it up, put a renter in it.

As soon as that happens to another cash-out refinance. The next thing you know, you’re juggling 3 or 4, what feels like fix and flip properties, but they’re fixing flip properties on properties that you’re going to hold over a one-year mark. When you sell them, you’re going to 1031. Here’s where we throw gasoline on it. When you sell that property in 1031, you’re not going to buy one. You take the down payment, and you’re going to use that to buy two cheaper properties.

If you want to grow that way. All of a sudden, you got more fix-up work than your crews can handle. Yet all of it is going as capital gains, and all of it is 1031 eligible, and you’re using that deferred tax, but you’re also still getting those refis out either to invest in something else or to buy braces or college or whatever it is that you need. I’ve got a couple of clients that will do 20 to 30 exchanges a year. Every one of the properties they’ve owned for more than a year, because that’s just their model.

They’ve gotten one year removed from the fix and flip, but they still get their adrenaline fix, but then they just hold the others long enough to do the 1031 out of. That can be a great way to get the best of both worlds. You’re describing the level of patience, and that was not what I had. I was a liquidity junkie for lack of a better word. I just wanted to have access to it’s why people buy into, I think some at some level stocks, the stocks give you this a lure because they’re liquid.

Intent And Timing In 1031 Exchanges

Bitcoin gives you this allure because it’s liquid. I can get it back out. There’s some security there and being able to make an instant withdrawal, which is not there if my plan is to hold the property for a year or twenty years. I hear you mentioned the year deadline. Is that a minimum in order to be able to do the 1031, or is that arbitrary for the investors? It’s fairly arbitrary. There’s no statutory holding period. Anything more than one year is generally seen as totally safe.

The true standard is your intent. If you have a property that has been your intent to hold for productive use, then it qualifies for 1031 treatment. If you buy a property with the intent of primarily reselling it, it does not qualify. Now, the things that a year does, and my industry is even guilty of this. We used to use a mantra called a year and a day. It doesn’t do anything magical. What it does do is this. Any property you own for more than a year generally gets afforded long-term capital gains treatment. That feels longer term than ordinary income.

Secondly, any property you’ve owned for more than a year or a year and a day at least is reported on two consecutive tax returns because you owned it in two consecutive years. Thirdly, there are several different case rulings out there where the IRS trying to get a handle on this gave an idea of what three different appropriate holding periods would be. They use the phrases two tax years, and two calendar years.

It did not take the bright attorneys in America long to figure out that if you want to take that at face value, that’s anything in between 2 days and 730 days. To keep it simple, but also to give them plenty of gray, the iris makes the standard intent. Intent is whatever you can demonstrate. One of my favorite exchangers from two years ago is up in Tennessee, which we were talking about earlier.

He sold a cabin that he bought 30 days after he bought it. He wanted to do a 1031. I said, “No, dude, cannot just buy and sell. That’s not what 1031 is for.” He said, “Dave, I had to honor the long-term lease that was in the contract. It was part of the contract to buy. I had to honor this long-term lease because the tenant was a friend of the seller.” I said, “That’s a nice try, but how come you’re not honoring that lease?”

He said, “It’s because she broke it.” I said, “That’s a little bit different, but still what you’re dead.” He said, “I think the problem is the bear. A bear had literally taken up residence at the trash cans for that house. The tenant felt unsafe. She broke the lease.” This guy said, I don’t want to try to rent something with a bear.” He had ring photos to prove it. His accountant was perfectly fine. Guess what? That’s pretty easy to demonstrate his intent, wasn’t it?

I guess it is. Assuming he made money 30 days later.

Pigeon Forge 2017 or 2018. He did okay.

Nice. How about the deadline? I believe that eighth unit I was referring to early in the episode. I think I had that lined up and was going to buy it anyway. I was already under contract or something, and then I think I had the other one selling. It wasn’t like I set out and said, “I’m going to 1031 this $27,000 into another building and then go find something. I was simultaneously had them working.

The deadline wasn’t an issue, but a lot of the other times I was going to consider the 1031, it was more of an issue of having something of high enough quality for me to 1031 into the next one. I’m going to be honest. I love selling properties to 1031 buyers because they’re typically motivated, and they pay more than the average entrepreneurial investor buyer. How does your client or what is your suggestion to not get burned by being a motivated buyer once you’ve put the 1031 in place?

You’re speaking right to it. The first thing that you got to just burn into your mind is that nobody in history has ever gone broke by paying tax on profit. It may feel like it, but nobody has ever gone broke paying tax on profit. There is no transaction in the world that is worth it if you have to overpay to a point where it is more than it would have cost you not to do it.

 

Nobody has ever gone broke paying tax on profit.

 

There’s a real cost analysis that has to go in place, but it is very true that many times a 1031 investor will look at this and say, “This deal, I’m going to have to overpace something for it, but the tax I would have to pay if I don’t do the 1031 is this. It would take me 4 or 5 years to recoup all of that tax if I have to pay it right now as opposed to putting it in this, which brings me maybe a little bit less or cost me a little bit more.”

You’ve got to really dive into those so that you can know and be sure. There’s no penalty for starting and not completing an exchange. The idea is if you’ve got a tax bill you want to defer, start the exchange and look around. You’ve got 45 days to shop around. If you don’t find something, let your exchange die. Exchanges are cheap. For a carton variety exchange, $1,000, $900, or something like that. That’s a tax write-off, anyway.

It really is going to cost you maybe $500 or $600 to kick the can down the road and see if you can find something that you like. What you did was a great strategy because you already had your acquisition target, and it was probably a seller’s market. You then looked at your portfolio and said, “I want to buy this. Do I have any properties that are ripe to sell that I could move into this that would then position me better? I’m going to sell those into a 1031.”

You remember this, there was a period of time in particular in California where people would put things on the market and they would get 20% over list day one cash offer, five day close. It was insane. What we told people was to take care of the hard job first. In that type of market, the hard job was finding your replacement. Go find your perfect replacement, get it under contract, then go sell your other property because it’s going to take a week.

That gives you plenty of time. You don’t have to worry about them finding a property. You don’t have to worry about somebody like Dan holding you hostage because he knows you’re a 1031 buyer. All those good things start to happen. I think also along with that though is don’t forget that the second half of your 1031 is going to happen the same way your first half happens. People who complain about having to overpay for a purchase need to remember that the reason is that it’s a seller’s market, and they probably got overpaid when they sold.

You got to take the market where it comes. Those are the primary strategies that we would tell people. Now we’re in a transitioning market where things are hanging on the list a little bit longer. Now might be a good time to wait, be patient, and get a sale, but get an extended contractor for your sale and then go shopping because every week you shop, people are getting a little more anxious to sell. I think this is great market to be a 1031 seller because you sold and you’re going to buy into a depressing market, not depressing.

Opportunities exist.

There you go. That’s exactly depressing. Sounds too much like 2008.

Patience And Long-Term Thinking In Real Estate Investment

We’ll be careful how we’re talking about that here for the time being. I think that’s an interesting observation is that the California market was super hot. At the same time, we here in Chicago, I’m one of the markets where we do business. There is the California buyer buying the 4 flat, 5 flat, 8 flat, 22 flat. They don’t exactly know the nuance of the neighborhoods. A lot of times, California buyers are going to buy in areas with more challenging tenant base but higher cap rates. I guess they keep getting the appreciation too, and enough people pay the rent, but all the locals will not touch a lot of those buildings for the headaches that come with them.

In Philadelphia, we have the New York buyers who operate and behave a lot like the California buyers. Atlanta, the entire country seems to be just buying into those single families. There’s not a hell of a lot of apartment buildings there. Interesting observation there. To get the 1031 is probably what they’re doing. It’s probably why they overpay a little for these places in these marginal areas. When we’re looking at it, explains the psychology going through the mind of that buyer there.

I think, too, I come back to the patience and the liquidity and what you described a minute ago, Dave, and I wrote it down was you’re selling a property and I’m picturing myself. Maybe even a reader who’s got a flip something to flip. They’re selling it, and they can taste the liquidity. It’s like, “Man, to have this $50,000, $60,000, $80,000 hit my account is going to feel good.” Instead, taking a detour, committing a $500, $600 or $700 fee if the exchange fails. Going into the 1031 and putting some forced patience against that liquidity and having a deadline for 45 days to intentionally go out and select something that might be another level up as a property.

Two more of the property you just got rid of are in slightly better locations than the one you got out of as far as future appreciation. Otherwise, I don’t really find myself digging through the real estate market and hunting for the eight unit that I bought unless I have the 1031 lined up. I feel like it forces you to be a little more patient and put the liquidity off. You still might end up having to take the liquidity and pay a tax anyway, but at least you’re forecasting a 30 to 45-day search period, and you got the money in the bank, and now your mind’s thinking on levering up the investment.

Now I’m more like investor A, who ends up with the twelve million because he’s being patient. I don’t want to understate the amount of patience required. That’s what I took from Warren Buffett’s book. It’s not run out and buy jets as soon as he could afford jets. There was this lifelong patience of compounding that took place. I almost feel like from my own experience, that patience and being that long-term investor, it took me, I don’t know, 8, 10, 12 years to see the value in. Now, I was building a business that turned out to be, very much thriving through that period of time.

I allocated my energy a certain way, but cannot overstate the patience factor in participating in the compounding effect of real estate, whether that’s just holding and managing right for the longterm, whether that’s 1031 exchanges like we’re talking about, or maybe it’s called segregation kicking a can down the line in another format or some other form of patience and hanging on to your investments long term. For me, patience is like coming now that I’m 41 or 42 years old. I’m learning it. In my 30s, I was not patient at all.

Real Estate As A Retirement Strategy: Converting Properties And Tax Benefits

I have never phrased it this way, but I was listening to you talk, and here’s exactly what it is. Anybody can go into real estate and create a job. You become a realtor, you buy and sell, you become a fix and flipper. Anybody can do that as a job. During up times, you’ll do really well, and you’ll buy a lifestyle as a job. The 1031 portion of it is like taking the job and adding to that contributions to your retirement.

 

Anybody can go into real estate and create a job. The 1031 exchange is what helps you build wealth.

 

The patience that you have reaps rewards for you later. As you said, you’ve got to be patient, but it’s like giving you the opportunity to indulge in that adrenaline side, but at the same time, start to prepare for the future and build that nest egg. That’s the mentality. We talk a lot about the life cycle of a real estate investor because, like your life, it changes. Your needs, desires, your targets, your energies will change as you grow older.

Early, like you said, when you’re young and impatient, you’re bye. Using the 1031, you can sell one and buy two. You can start to branch out geographically because the 1031 exchange will let you go anywhere in the country you want. We’ve hinted at this because it was with your 1031, but you can go from different classes. You could sell a single-family home and go buy an industrial building anywhere else in the country. Commercial buy raw land.

At some point in time, you may get a builder the edge. You use the 1031 to go buy a chunk of raw land. Create a land bank off of that and do some things with that. As you start to get older, your energy wanes, but your wisdom is increased. Now we start to 1031 into more passive opportunities because we have the ability to examine those and due to diligence to buy triple net commercial properties or 1031 compatible syndications, vacation rentals that we eventually convert into our primary residence. There are a ton of ways. They just have to be appropriate for you where you’re at.

Can you touch on that vacation rental thing that you just alluded to?

It’s my favorite thing of all. Here’s the principle. The 1031 exchange is a sale of investment property followed by a purchase of investment property. You do not have to use it for investment forever. The key is that you could say you live in Cincinnati and you’re getting ready to retire in a couple of years. You sell your Cincinnati rental, and you could buy something on the beach in Sarasota. Use it for investment for a couple of years, generating income.

Two tax returns?

There’s a safe harbor for the IRS. Those two years. There are still a lot of people who say a year is okay. One of the quirks of that law is that you being in it does not count as long as you are working on it. I know I had some people in Fort Myers that would have to go down and watch the automatic sprinkler system for 5 or 6 months a year because it was so prone to failure. Two years is a safe harbor.

They’re going to go from Cincinnati and retire where? In their former investment property. That doesn’t trigger a tax event. I feel like the Romco guy now, but wait, it’s even better when they sell their primary residence in Ohio. If they’ve lived in it for two out of five years, they get to take the first $500,000 in profit tax-free. They sell in Ohio, and $500,000 is tax-free. They move into a house with all the other money, tax deferred.

What a jumpstart on retirement that is. It gets even better. I have a guy on St. Pete Beach that did three 1031s into three, I mean, literally on the same floor, identical condo units on St. Pete Beach. He moved into the first one and converted it. That started his retirement. Now he’s going to live there as his wife says, “Until it’s time to redecoratel.” They’re going to stay there because as soon as he has owned that property for five years, as soon as he has lived in it for at least two, then he can sell it and take a proration of all of that deferred 1031 gain tax-free.

Tax Implications: Primary Residence Sales, Inheritance, And 1031 Exchange Concerns

That would count like on the 500 yen?

Up to 500. Correct. You only get a prorated. If he rented it for two years as he did and then he lives in it for eight, he will get 8/10th of the game. Where’s he going to move? Next door. He’ll do it all over again. Now, most of us who foolishly misspent our youth are going to have to be looking to deliver pizzas for Domino’s or bag groceries at the Kroger’s or something to supplement our social security. His supplement job is he lives in a beachfront condo, and he’ll sell one every once in a while and pay some tax just like I’m going to have to pay tax on my pizza delivery earnings.

Who would you rather be? What an awesome strategy. We did much the same thing in that we kept converting properties in each of our markets. Every time we sold one, we took the tax-free money and put that into our buy the boat kitty. That was how the boat was purchased for cash with tax-free dollars. The rest of our holdings, we simply generated income off through productive use.

Was it rental income going for the cash kitty?

No. For the boat kitty, it was the tax-free sales of our primary residences and the properties we converted. To live on, we use revenue from our rental investments. That’s my favorite way that the 1031 investor can get the money out. Again, like you keep saying all this whole thing, patience is the key, but patience will reward you. You want to know my second favorite way is to enjoy it all?

That’s right.

You got to die.

I don’t know if that’s enjoyable.

Like I said, it’s my second favorite. We’re all heading there anyway. Here’s what happens. For the 10th or for anybody, but for the 10th, everyone investor especially when you die holding real estate, that real estate is given what’s called a step up in basis. That your heirs inherited as if they paid market value the day you died. All of that profit over all of those years goes to your heirs tax-free.

It starts the depreciation clock for them all over again.

All over again. I’ve got one family we’re in our third generation from Connecticut, and they’re awesome. We did exchanges for granddad, who passed away many years ago. The portfolio went to his son, who again was 1031, and until he passed away a few years ago, and his children are now doing the same thing. Each time they inherited, all of the tax disappeared.

How much jeopardy is this in from a political sense? They keep tossing the 1031 on the table for the tax code. They’re going to pay for this and pay for that. Take away the step-up basis. What is your opinion or feel on the likelihood of the 1031 and the step-up basis that we were just talking about existing for the next 10 to 20 years?

I’m a firm believer. It was either Will Rogers or Gideon Tucker who said that no one’s personal liberties or property are safe as long as Congress is in session. You got to start from that point and never say never because lots of power is concentrated in a few silly answers. Here’s what’s happened over recent years. First of all, in the 23 years I’ve been doing this, every president I’ve been under has talked about getting rid of 1031 because it’s low-hanging fruit.

“If we just eliminate that, think of all the extra tax revenue we’ll get, and we’ll be able to make money.” The only president that did anything with it was Donald Trump. All he did was eliminate the personal property exception where you could 1031 things like his jet, heavy equipment for other heavy equipment, or airplanes, that thing. What he replaced that with, though, was this bonus depreciation.

I think he was seeing a way that he could get some extra bonus depreciation off of his plane rather than having to sell it because that’s what the impact was. Not judging. Just saying. Every president has talked about it, none of them have done it, anything. Why? It’s because, think about it, for every dollar that you get from long-term capital gains, which is at 15%, you’re going to slow down the real estate market because people will hold properties longer just to give them.

When people hold properties longer, what’s not going to happen? You’ll have much fewer. You’ll have two fewer real estate agent commissions, two fewer title company transactions, two fewer inspections, two fewer attorneys, and two fewer painters. All of these people that do ordinary income work, which is taxed at much higher rates. When you see the real numbers that have been produced, the cost to our economy is astronomical in the terms of billions of dollars that would be lost if they tried to simply collect the long-term capital gains from 1031 transactions.

To the point where when President Biden, I mean, he was loud and proud about it. He was going to get rid of it. That was right at the same time when you got my application for employment. Do you remember that? I sent that over to you because I thought I was going to be out of job. Right at that time, now the Senate was 50/50 red and blue. The Senate took a unanimous voice vote specifically to say no change will be allowed to Section 1031 tax-deferred exchanges.

Which was a resounding, it will not change. Now, the same thing has basically happened with the step-up in basis. Guess what? There’s a whole ton of representatives, senators, and people of influence that have property they’d love to be able to give to their kids and not pay tax on. I’m really not concerned about that because, ultimately, we’re all going to look out after our own self-interest, but 1031 looks very safe. It’s been around since 1920. No, it’s not. It’s one of the original parts of the code.

When you look at it, too, from the code is there to your point of keeping the transactions flowing. I own a shopping center. I own a couple of self like in a self-storage funds. They own apartment buildings. I wouldn’t have bought any of that stuff if it wasn’t for the 1031 exchange. I wouldn’t have invested money in those things if it wasn’t for the depreciation that I was going to get I would have had to pay a big tax bill, and I probably just would have needed to feel like I needed to hang on to whatever was left because I would have been wiped out.

Instead, the tax code incentivized me to put my capital back in place for society’s benefit. The code is doing what it is. We talk about the tax benefit side for us as individuals, but for the impact that the recycling of capital has on society, I think it’s a good thing. I hope even those in Congress and the Senate, regardless of what their background is, would, I hope, continue to see that benefit for society.

Market Influences: Tax Code, Interest Rates, And Transaction Volume

It’s a really counterintuitive way of looking at the tax code. If you don’t view it as how the government gets your money and start thinking of it as how the government incentivizes your behavior. In 1920, they wanted the small farmer to be able to sell their farms and buy bigger farms. They couldn’t do that if they had to pay tax on the sale of their own farms. That’s what started it. The incentivization is that they really want a bustling, robust, and strong real estate sales market. The way to do that is to incentivize behavior where you do that, and they incentivize it by giving you the 1031 exchange.

 

The government doesn’t just tax you—they use the tax code to incentivize your behavior.

 

Dave, I know we’re getting close to the end here, but I do want to ask you your observation. Let’s say January 2022 through we’re at October 21st, 2022. Most of us reading who aren’t reading years in the future. We’ve had interest rates go from 3% to 7% in that same time period, and we feel a slowdown collectively in the real estate market. Can you describe maybe your observation through the lens of transaction volume in 1031 exchanges that you’ve been a part of during that time?

It’s a little too soon for us to tell simply because there is a normal pause in real estate in the fall. It’s just that people start school, we’re carrying towards the holidays, and builders all have their buildings under roof and weathered, so now they’re working inside. There is typically a reduction in volume, and we’re seeing that. We’re down about 20%.

It’s a little bit.  Is some of that a factor of interest rates, of a cooling market, of longer days on the market? Possibly. It’s really hard to speak to it. I don’t think we’re going to know until next March or April for sure what’s happening. I do know this, though. I am so old that I remember when 13% was not a bad interest rate on a commercial asset.

Those who want to whine about 6 or 7, think again and take a history lesson. Yes, it’s high, and we’ve got to make sure in our analysis for people that they are able to make cashflow work with what they’re having to pay for the cost of money. By the same token, someone said it was great the other day. “You marry property, you find the property you want to keep and you marry it, but you date the interest rate.”

 

You marry property, but you date the interest rate.

 

If it’s a good property, you can make it work even at a higher interest rate. If interest rates come down for you in two years, that’s just an extra bonus on top of what is already a good return for you. it’s softening how much. It doesn’t feel urgent at all. Again, keep my resume on top of your pile, and next April or May, we’ll see what’s happening.

Real Estate Market Analysis: Historical Context And The Prevalence Of Renters

If we look in the context, I felt this way this time last year, and we didn’t know if the rates were going to start climbing earlier than they did. I could even see it in the comps. If I go in and pull single-family comps, I pay a lot of attention to the month and the date that they won our contract when he settled. We could see the cooling off in the transaction volume in the markets we’re in this time last year the same way.

I recall it being that way in history, too. These are recent memory. For context, coming through 2006, 2007, 2008, 2009, 2010, 2011, 2012, those time periods were rough. I believe 2009 was the lowest transaction volume at somewhere around 4 1/2 million. If I’m not mistaken, I think we had like 6 1/2 million last year.

We’re talking 20% or 30% more transaction volume in a country with 20% more population through that same year period. We had this increase in transaction volume from the population. Even if it were as bad as the 2009 crash, which we’re not seeing Goldman and big bank failures or anything catastrophic occurring right yet. I mean, who knows what the future brings. Even if we saw that same reduction in volume, I forget what it was, the volume in 2005 or 2006. It may have been 5 1/5 million.

I don’t remember if it peaked at six but 10%, 20% less transactions, we went down like 4, 4 1/2 million transactions now, that is still a lot of real estate transaction volume that’s occurring even at the bottom of the market in the worst cycle for our, at least my memorable history. I was too young during the ‘80, ‘89, ‘90, and ‘92, and I wasn’t around for the late ‘70s thing that took place. Even if the market is down, houses still have value, and they will still be transaction. It’s just a matter of buying the assets right and being able to make the improvements and do the value add.

People still have to have someplace to live. We are seeing a nation where the percentage of renters is increasing dramatically. Again, I can speak directly to the 1031, and in 2005, there were about 570,000 1031 exchanges done. 2008, that number plummeted to 68,000. In that crash, we saw an almost 90% decrease. That’s why I sit here and go, “20% no big deal. That’s normal market.” 2005 or 2008, that was not normal. I don’t have to cuddle up in a fetal position and worry about that.

That’s good to know because I sell a lot of houses to people who are going to live there. My numbers of 4 1/2 million were a whole lot of people who were taking advantage of the first-time home buyer credit that came out during those years. If it got that bad, there would be something of that nature for sure with the way that they come up. If we had a 20% drop-off and we were doing mostly owner-occupant transactions, which a lot of our flipper podcast audience is probably doing. Again, it all comes down to buying right and making sure that you did a quality product and you can still get out of it. I probably wouldn’t build the deal on the highest watermark that exists in the marketplace.

I had a ton of investors that lost 90% of their wealth in 2008. I mean, 90% of their wealth, but it was all on paper. Those that did not have to sell just kept renting those properties. Now, they’re worth many multiples more than that.

Key Advice For Success: Patience And Long-Term Ownership

Dave, in closing, the crown jewel of wisdom, if you were passing this on to, I don’t know, one of your kids or maybe someone just getting started in real estate, what would you consider to be the crown jewel of wisdom? What’s your piece of sage advice that you would pass on to someone?

You’ve been stealing it from me this entire time. There are two people in history, two groups that have always ruled the world, banks and real estate owners. Become one of those. If you’re going to go the route of owning real estate, be patient. It’s long-term, but it will produce for him.

 

Real estate owners and banks have always ruled the world. Become one of those.

 

Well said. Dave, I appreciate you coming on the show. Thank you for giving me the time. I got a couple of pages of notes here, and I had a blast. Really appreciate it.

It was so good to be here and chat through things. I feel better already, don’t you?

Yeah.

A good spot.

 

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