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Reader Marlene's Question Posted During the September of August 2009 Asks: My significant other & I are purchasing a home as tenants in common. We are paying cash. I have owned a home for the past 3 years but it was paid for cash as well. She is a first time home buyer. Will she qualify for the $8000 tax credit if we are both on the deed and tenants in common? Thank you, M & P Jeff Replies:
We can’t and don’t give tax and or legal advice (by the advice of our CPA and Lawyers – lol), ask the question to the mortgage broker you are working with… I’m assuming you have found a lender at www.GayMortgageLoans.com and they will be readily available to answer all of your financial questions. Of course you’re probably already working with a gay or lesbian REALTOR® from www.GayRealEstate.com, they can help also. All my best! Jeff
Reader Hopeful Purchaser's Question Posted During the Month of August 2009 Asks:
I would be curious to know what you consider the top ten gay neighborhood in the LA and or San Diego area? What do you think are the top ten most up and coming gay areas in these regions and are there lesbian specific areas? M.E Benny
Jeff Replies:
I’d visit www.GayNeighborhoods.com and see what their user generated site visitors say about neighborhoods across the country.
I own a townhouse in Phoenix that I would like to keep but not live in. It is my first investment property. Since I do not live in Phoenix, I am interested in using a real estate agent to lease and manage the property for me. What are the typical contracts and fee's that I should expect when hiring an agent? CTS in AZ
Jeff Replies:
I’d recommend contacting a residential property manager / property management company vs. a REALTOR®, a majority of REALTORS® focus on home sales and purchases. It pays to hire a company that specializes in residential rental properties. I think typically a good property management company charges ½ or the entire first month’s rent as their “finder fee” (this pays for advertising and meeting potential renters, credit reports, etc.) and then in the neighborhood of 7% of the gross monthly rent per month. BEWARE – Many rental management companies make a large amount money by charging you $65.00 per hour (or whatever) for every little thing the tenant calls about… if the outdoor light bulb is burned out and the tenant calls the “management company” they bill you for the “service call” and time / materials. Make sure you have a lease written that makes it the TENANT responsibility to maintain the property i.e. Toilet’s clogged, leaks, broken mini blinds, etc.
Reader Hopeful Purchaser's Question Posted During the Month of August 2009 Asks:
To clarify on the income cut off for same-sex couples: My partner and I are married, but of course not federally recognized. Her income is around $110,000, exceeding the single-person cut-off. Mine is closer to $10,000 as I'm a student. So if we purchase a home as "unmarried joint purchasers", is the way it would work is that I could claim the credit on my returns, but she could not? Thanks for any advice for figuring out how this works in our situation. Hopeful Purchaser.
Jeff Replies:
We can’t and don’t give tax and or legal advice (by the advice of our CPA and Lawyers – lol), ask the question to the mortgage broker you are working with… I’m assuming you have found a lender at www.GayMortgageLoans.com and they will be readily available to answer all of your financial questions.
Of course you’re probably already working with a gay or lesbian REALTOR® from www.GayRealEstate.com, they can help also.
All my best! Jeff
Reader Leena's Question Posted During the Month of August 2009 Asks:
Hello, I'm a Realtor in Sacramento, CA. My team recently listed a home and the owner requests we market his home to the gay community. My broker was concerned that this would violate the fair advertising laws and that I could lose my license. I'm confused. How do I assist my seller, and not jeopardize my license? Thank-you in advance for your response. Leeana
Jeff Replies:
A violation of Fair Housing would be to discriminate… “this home is ONLY available for a Gay or Lesbian to purchase”, “since you’re a gay man I think you’d be most comfortable living in this neighborhood, and I’ll only show you homes here”, etc. – you get the idea. It wouldn’t be discrimination to advertise a home in a gay publication or to target the advertising to the gay community anymore then it would be for Target® to advertise their new store in the LA Times and not other papers. Remember – when in doubt you can always call your local board of REALTORS® and speak with an investigator and ask the questions you’re unsure of! - Cheers Jeff
Reader Linda's Question Posted During the Month of June 2009 Asks:
Why can I not access covecreek cottages web site? It appears as a legit property, but can not be pulled up. Is it defunct?
Jeff Replies:
I visited the Cottage Cove Creek website early last week and it was fully operational, though today when I looked it seems that it is now being re-directed to a website hosting service. This then leads me to suggest that Cottage Cove Creek may be having issues with their website at present, and that it may be an idea to wait a week or two before re-visiting their site.
Jim's Question Posted During the Month of June 2009 Asks:
Jeff,
I am a first-time home buyer. I thought I read in your column, that I can take money from my IRA or deferred comp plan for the down payment, but it must 30%. Is that correct?
Jim
Jim, the IRS will allow you to take out a 'non-recourse' loan, and use your retirement savings as a down payment for real estate. This is providing that the income generated is a 'positive cash flow', and that you are able to pay a 30% down payment using your IRA. However, the fact that you are stating that you are a first-time homebuyer suggests that you are considering applying for the tax incentive also. If this is the case you cannot use your IRA, as you have to reside in the home for a minimum of 3 years to collect the first-time homebuyer's tax bonus. Plus, your IRA is for investment properties that generate an income, meaning that the non-recourse loan that you take out would have to be for a property that is leased out for a profit.
For more information on IRA non-recourse loans please visit: http://www.nuwireinvestor.com/howtos/how-to-use-leverage-with-real-estate-ira-51629.aspx
the IRS will allow you to take out a 'non-recourse' loan, and use your retirement savings as a down payment for real estate. This is providing that the income generated is a 'positive cash flow', and that the borrower is able to pay a 30% down payment using their IRA.
Reader Brian's Question Posted in April of 2009 Asks:
My boyfriend and I are looking at purchasing a house that needs renovation by taking out a 203k loan. Will I qualify for the tax credit as soon as we close, or will I have to wait until we move in? It will be our primary residence, but not for several months. Also, I've read that an amendment to the 2008 tax return can be filed and the credit will be issued now instead of after my 2009 returns. Is that correct?
Thanks! Brian
Jeff Replies:
Brian – Let me post this article from CNN Money that hopefully will better explain how the system is working! I actually know of some people that have received the $8,000.00 even before closing…
First-time purchasers get a tax credit windfall if they buy before December. NEW YORK (CNNMoney.com) -- There's a nice windfall for some homebuyers in the economic stimulus bill signed into law this week by President Obama. First-time buyers can claim a credit worth $8,000 - or 10% of the home's value, whichever is less - on their 2008 or 2009 taxes. A big plus is that the credit is refundable, meaning tax filers see a refund of the full $8,000 even if their total tax bill - the amount of withholding they paid during the year plus anything extra they had to pony up when they filed their returns - was less than that amount. But there has been a lot of confusion over this provision. Adam Billings of Knoxville, Tenn. wrote to CNNMoney.com asking: "I will qualify as a first-time home buyer, and I am currently set to get a small tax refund for 2008. Does that mean if I purchased now that I would get an extra $8,000 added on top of my current refund?" The short answer? Yes, Billings would get back the $8,000 plus what he'd overpaid. The long answer? It depends. Here are three scenarios: Scenario 1: Your final tax liability is normally $6,000. You've had taxes withheld from every paycheck and at the end of the year you've paid Uncle Sam $6,000. Since you've already paid him all you owe, you get the entire $8,000 tax credit as a refund check. Scenario 2: Your final tax liability is $6,000, but you've overpaid by $1,000 through your payroll withholding. Normally you would get a $1,000 refund check. In this scenario, you get $9,000, the $8,000 credit plus the $1,000 you overpaid. Scenario 3: Your final tax liability is $6,000, but you've underpaid through your payroll withholding by $1,000. Normally, you would have to write the IRS a $1,000 check. This time, the first $1,000 of the tax credit pays your bill, and you get the remaining $7,000 as a refund. To qualify for the credit, the purchase must be made between Jan. 1, 2009 and Nov. 30, 2009. Buyers may not have owned a home for the past three years to qualify as "first time" buyer. They must also live in the house for at least three years, or they will be obligated to pay back the credit.
Reader Barry's Question Posted During the Month of April 2009 Asks:
What a GREAT Site! Thank you! My story is a little different. I am a single gay parent of two adopted sons (yes, by myself!) lol... I recently became unemployed as a college dance teacher outside NY. I need to find a place we can all move to that is gay friendly, good schools, gay community for seniors (I'm 55). My idea is to move to a place now where all may be in place for the entire family. I am thinking of Gainesville, Tamp or St. Petersburg Florida (near colleges and possible employment). The cost of homes and taxes are, as you know low. NC is another choice. I am surprised that this site is not used more!? It's such a great resource! I am trying to find a place to move. Besides ageism in our community, many are in partner LTR which I think is wonderful, but few are interested in assisting?! However, my family needs do not interest the retiree's or LTR partnerships nor those who are younger.
Any ideas?
Thanks!
Barry
Jeff Replies:
So I believe your question is about finding gay / gay friendly neighborhoods? I’d recommend www.GayNeighborhoods.com.
This site is built “by the community”, “for the community” and an excellent source.
Additionally, if you’ll be buying a home, please contact some of the REALTORS® at www.GayRealEstate.com in the areas you are interested
in – they are well able to give you information that will be helpful in making your choice.
All my best with your relocation!
Relocation Concerns
Reader Larry’s Question Posted during the Month of January Asks :
Hello Jeff,
My partner and I recently relocated here from New York. Our furniture is in storage and we are renting a completely furnished apartment in Delray Beach, Florida.
We will be looking to purchase a townhouse (wish list not necessary now). But one thing has come up that is of great concern to us... and that is the amount of crime down here. As visitors, we never thought about that before, but now location is obviously something we think about quite a lot.
We are not rich, and not able to move into a multi-million guarded community.
In our explorations, prior to looking at individual properties, how can we go about assessing communities and neighborhoods before registering with an agent?
Larry
Jeff Replies:
First of all, I’d love to be in Florida today myself! It’s been cold and snowy here in the Mile Hi City of Denver, CO. Welcome to Florida!
In most communities local police departments have a free “crime statistics” book available that you can pick up and review statistics for any particular zip code and or neighborhood.
Keep in mind that it’s not necessarily the less affluent neighborhoods that have higher crime, in fact many of the more expensive neighborhoods have much higher crime rates, specifically when it comes to burglary.
Any of the agents at GayRealEstate.com can also provide you specific neighborhood data that will show average prices, average income, school information, etc., all of which can be used to access your best options.
I wouldn’t be concerned about contacting an agent “until you know where you’d like to live” instead I’d like to recommend you contact one as soon as possible, so they can help you to determine what areas are best suited to your individual tastes and needs.
In this day and age in any larger metropolitan area, agents are well equipped to assist you in analyzing and representing you in any area of the city you choose.
Enjoy Florida!
Jumbo Mortgages
Reader Adam’s Question Posted during the Month of March Asks :
That's a nice informative post about Jumbo Loans. It is really helpful for people who want to buy a house with higher costs, but some mortgage companies will let you take out two loans at the same time-one as a first mortgage for the bulk of the money. Plus, a small second mortgage that will work in tandem with the first. I think this also helpful, what do you think?
Jeff Replies:
Hi Adam, this is a good point but with the current mortgage crisis it’s becoming increasingly difficult to get financing (if not impossible) for more than 90%, in fact in most cases in today’s market you have to have 20% down ( your own money) to obtain financing for a jumbo loan.
Condo Title Changes
Reader Pat’s Question Posted during the Month of November Asks:
Hi Jeff, we live in Memphis and we bought a condo in 2001. The master deed was recorded in 2001 though the complex was not sold out until 2004. Changes were made in the layout of basement parking but were never corrected in the master deed. Ours was one of the changes where the developer made room for two car parking and moved spaces. The master deed gives to the Board of Directors full right to make the changes in the basement exhibit, yet they will not make any changes. As a result, a neighbor has begun to park in front of our cars, which according to the exhibit is his numbered space. A vote is out of the question as the majority of the building would probably like to see us go. We have hired an attorney who is speaking of a 20,000 lawsuit. Do you have any suggestion for a less expensive remedy? Thank You, Pat.
Jeff Replies:
Pat, the only other recommendation I may make is the "Title Company" that guaranteed "what you were purchasing" may be able to assist.
Title insurance is typically paid for by the seller at closing to "insure" the buyer(s) clear and free title at the time of purchase. In fact, the parking spaces were a part of the contract at the time of purchase - they will fight any legal battle to protect your rights.
Search through your closing documents at look for the "Title Policy" or you can call the closing company or broker that attended the closing with you and ask them for a copy. Call the number on the policy and ask for their legal department and explain your situation and keep meticulous notes in case of legal action down the road.
The broker that represented you should also be able to assist you in helping to clear this up.
Both of these options are at no cost to you - at least during the initial investigation period... after that you can make a decision with the assistance of legal council (www.GayLawyer.com ) on what direction to take.
Good Luck in your quest. Jeff
Robert Niebauer Update
Reader Rob’s Question Posted during the month of August Asks:
Jeff:Can you refer me to more info or follow-up on the story on PRDC/Robert Niebauer going under. I am an agent in Madison and I am most curious what the real scoop is since they were involved in quite a few projects here.
Jeff Replies:
Rob, I shall post some follow-up articles this week on Mr. Niebauer and just what is unfolding in relation to PRDC being unable to meet financial obligations.
Gay Friendly Apartments
Reader Larry’s Question Posted during the month of August Asks:
I'm a 34 year old gay man who lives on disability money. I live in Eau Claire, Wisconsin. I'm moving across town at the end of the month. I'm looking for a local gay/gay friendly apartment to move into. Do you rent homes as well buy/sell them/not? I hope so. I have had no luck in the local newspaper at all. So I need some help finding myself a 2 bedroom apartment.
Jeff Replies:
Larry, my best suggestion is to try http://www.GayHome.com, which lists gay friendly rental properties across the nation. Good luck and I hope you find a home that is suitable.
Reader Iliana’s Question Posted during the month of May Asks:
I have my active license in use with a local realtor. Can I join your group or do I have to hang my license with your brokerage firm?
Jeff Replies:
Hello Iliana, like any other referral company an agent may work with, you are required to be licensed in your state at the firm of your choice. If you wish to join Gay Real Estate you may do so by going to www.gayrealestate.com and in the upper left hand corner of the page is a link that says ‘REALTORS Join’, if you click on this link you can then become a member of our group. We have a list of frequently asked questions which will allow you to familarize yourself with our site and services.
Thank-you and I wish you well in your endeavors.
Gay Investors Website
Reader Anonymous Question Posted during the month of March Asks:
Is there a gay website that reaches gay investors?
Jeff Replies:
There is a new site we just launched which allows anyone to post properties that they would like to target to the gay community!
http://www.GayHome.com
The 100,000+ unique visitors to our other on-line group of real estate companies will be directed here to search for properties, sell a home or list a property for rent..
Jeff.
Re-publishing GayRealEstate USA Articles
Reader Erika’s Question Posted during the month of March Asks:
I would like to post an article of yours on my website, is this okay?
Jeff Replies:
Yes - That would be fine :)
You may trim the article in any way you see fit... however, my only asks are it does have to contain our original contact information if it had any on it (gayrealestate.com etc.), along with my name and a link back to my blog site. Apart from these requirements you are free to republish my work.
Thanks - Jeff.
Links to GayRealEstate USA
Reader Marianne Question Posted during the month of February Asks:
I Would like to be able to use your site as a link on my real estate websites in VT? I enjoy your blog and would like to share it with my clients, friends and prospects. Please let me know, Thanks
Jeff Replies:
Sure Marianne I would greatly appreciate this, and for anyone else that is contemplating adding my blog as a link on their site please do.
Cheers!
Jeff.
Domestic Partnerships and Real Estate
Reader Pat’s Question Posted during the month of January Asks:
Jeff: Could you tell me what usually happen when a domestic partnership ends and the mortgage is going to be assumed by one of the partners. How do we determine the value owed to the leaving partner? Our home is worth $450K but we owe the bank $250K.
Jeff Replies:
If the mortgage is held in the name of both partners, the mortgage company will have to agree to release one party from the note, if they do not agree to do that we'd recommend a complete refinance in the name of the remaining party. The property value could be determined by a neutral third party, like a REALTOR selected from the GayRealEstate.com database or a paid Appraisal.
Of course we always recommend legal counsel with complicated manners, to protect the interest of both parties.
All my best!
Jeff.
Historical Property
Reader Kary’s Question Posted during the month of December Asks:
Jeff: I have a very unusual historic property that because of age I am putting on the market. It needs the love and care of special individuals. The property has an aura about it and conveys unique feelings. Built in 1787 as a stagecoach inn, currently it is a country inn (B&B) and meeting center near a famous destination point for travelers. It sets on 15 acres, with commercial zoning, area (and permits) for horses, large farm pond w/waterfall, orchard, several gardens (including perennial and herb).
I have worked very hard to establish a client base that appreciates the amenities and do not wish to see it fall into the hands of those who are not interested in the historic value and beauty. An additional final consideration is that there are several similar nearby properties purchased in the past few years by gay couples.
Can you give me a direction on where such a property could be posted for sale? You appear to be in touch with the feelings many individuals have for such surroundings. Any direction you could give me would be appreciated.
Jeff Replies:
A great new source about to be launched is www.GayHome.com
This is a new web site that is targeted to the LGBT community, to search for properties that are for sale and targeted to the LGBT Community.
Here you may advertise your property exclusively to the LGBT Community.
Keep in mind with a unique property like this; it's often your own visitors that would be interested! And, you mentioned your neighbor's... let them help in find their new neighbor.
All my best!
Jeff.
Gay Relocation
Reader Richard Adler’s Question Posted during the month of December Asks:
I am thinking of relocating to the Ann Arbor/Ypsilanti area of Michigan. I am planning on traveling there this summer and want to know how I can find a gay or gay-friendly realtor who can meet with me, listen to MY needs and financial picture and help me buy a condo in that area?
Jeff Replies:
An excellent source is www.GayRealEstate.com, this is the nations largest gay owned and operated residential referral service. Agents listed at GayRealEstate.com are form all the major companies nationwide and you may choose your own agent based upon your criteria! At GayRealEstate.com you can read thru bio's - verify if they are an agent or broker - see what company they work for and the number of years they have been in the business.
Beware of companies "choosing" an agent for you! Nobody has a better sense of the best agent for you than you.
Have Fun in Michigan!
Jeff.
Lead Generation or Brokers
Reader Condo Blog’s Question Posted during the month of November Asks:
Just found your website (and blog). Didn’t know there was a site out here serving the Gay community. Do you guys act as a lead generation service or are you brokers as well? Be in touch. Condo Blog?
Jeff Replies:
We are direct conduit between LGBT Buyers and Sellers and Gay, Lesbian and Gay Friendly Real Estate Agents Across the country. Additionally, I'm a licensed Real Estate Broker.
Jeff.
Difference Between Real Estate Agent and Broker
Reader Kevin’s Question Posted during the month of November Asks:
Great site Jeff - I was wondering what the difference is between a real estate agent and a real estate broker? Thanks Kevin.
Jeff Replies:
A Real Estate Agent is required to work under a Real Estate Broker... a Real Estate Broker has completed additional continuing education to allow them to serve in a "supervisory" position - although that does not mean that a Broker is better equipped to sell your home than a Real Estate Agent. Interview & Ask for References!
Jeff.
Personality Clashes and Realty Contracts
Reader Anonymous Question Posted during the month of November Asks:
Jeff I have a question, I recently signed a 6 month listing contract with a realtor who I have since discovered clashes terribly with my personality. We have had several arguments and I wish to cancel my listing with this agent and find another, is this possible?
Jeff Replies:
It's a contract so the answer is no... BUT I can assure you if a client of mine was not happy with my performance for legitimate reasons; I'd rather let them out of the contract and remain friends then have them bad mouthing me. Tell your agent your concerns and or call their managing broker and ask to be released from the listing agreement for the following ( blah, blah, blah ) reasons."
Jeff.
Investment Property
Reader Marcus’s Question Posted on the 18th of October Asks:
I have just bought 2 investment properties but I am new to the rental game do you suggest having an agency manage my properties or do it myself?
Jeff Replies:
I'm not sure what type of property you're talking about. It may be fairly easy to manage a duplex next door to your home, but if it's in an area you are unfamiliar with it would pay to have an expert - Commercial is a whole new ballgame! It never costs anything to talk to or question the experts - Interview a few and you may learn some tricks of the trade!
Jeff.
Commercial and Residental Investment
Reader Pete’s Question Posted on the 20th of October Asks:
Is Commercial real estate a better investment than residential?
Jeff Replies:
Commercial Real Estate is a different animal! Apartments, Office Buildings, Industrial, Strip Centers and many more, all require some close study and expert advice before investing.
Jeff.
Home Walk Through
Reader Margaret's Question Posted on the 14th of September Asks:
I have a Question for Jeff.
My new home is just about complete and I'm about to do a walk through. What should I be aware of, or looking for and are there any specific questions I should be asking? Do you think I should consider taking a housing expert with me?
Cheers Margaret
Jeff Replies:
Margaret - You're certainly welcome to take along a home inspector if you'd like but I feel it is unnecessary. There is really no guarantee of how well qualified the home inspector is and the builder has had to get permits and approval after each step of development on your home.
You'll probably have an additional walkthrough after 6 months and maybe even a year... take advantage of those opportunities to get new cracks in the drywall fixed - soils repacked against the foundation, etc.
Congratulations on your new home!
Jeff.
Buying a Muti-family Unit
Reader Andria's Question Posted on the 11th of September Asks:
Dear Jeff,
I am thinking of buying a muti-family unit and have several questions in relation to this.
1) What specific question should I ask my realtor about the property.
2) If a financial summary is given how do I verify the information.
3) Should I be consulting a regular R/E attorney or a specialist in this field when buying?
Thank-you in advance.
Andria
Jeff Replies:
I'm a residential broker and this not my area of expertise. However, I'd recommend a book "How to Buy and Sell Apartment Buildings", available in any major book stores or on-line.
I'd also highly recommend you work with a broker that specializes in "Income Property" and not a residential broker that sells apartment buildings "on the side"...
Hire the broker as YOUR "Buyer Broker" (this should cost you nothing - the seller pays all fees). As a buyer broker it will be his or her duty to verify all information is correct!
I wish you much success : )
Jeff.
Security Deposit
Reader Phillip's Question Posted on the 12th of September Asks:
Hi Jeff,
I have a question.
I live in Michigan and recently moved out of my apartment. My problem is it has been 90 days since I left and I still have not received the refund of my security deposit, even though the landlord of this premise assured me he would only be witholding $50 for cleaning. How do I go about getting my deposit back?
Thanks
Phillip
Jeff Replies:
I'd recommend a certified letter to the land lord requesting an immediate refund of your deposit and if he fails to respond, file a claim in small claims court.
Goodluck...
Jeff.
My significant other & I are purchasing a home as tenants in common. We are paying cash. I have owned a home for the past 3 years but it was paid for cash as well. She is a first time home buyer. Will she qualify for the $8000 tax credit if we are both on the deed and tenants in common?Thank you, M & P
Posted by: Marlene | August 27, 2009 at 08:50 PM
Hello, I'm a Realtor in Sacramento, CA. My team recently listed a home and the owner requested that we market his home to the gay community. My broker was concerned that this would violate the fair advertising laws and that I could lose my license. I'm confused. How do I assist my seller, and not jeopardize my license? Thank you in advance for your response.
Posted by: Leeana | August 02, 2009 at 08:31 AM
Jeff,
How about a post like "Living in Suburbia: Five Ways to Find Your GLBT Neighbors".
Due to a career change, we recently sold our home in the gay-friendly heart of one city (Kansas City) and bought a new home in a straight-but-gay-welcoming suburb of another city (Denver). Any tips for suburbanites on how to find and connect with other nearby GLBT homeowners?
Posted by: JR Emerson | June 26, 2009 at 08:26 AM
Why can I not access covecreek cottages web site? It appears as a legit property, but can not be pulled up. Is it defunct?
Posted by: Linda Ward | June 12, 2009 at 04:14 PM
Jeff,
I am a first time home buyer. I thought I read in your column, that I can take money from my IRA or deferred comp plan for the down payment, but it must 30%. Is that correct?
Jim
Posted by: Jim Lackner | June 04, 2009 at 06:35 AM
Your site is terrific!
Sincerely,
Nancy S.
Posted by: Nancy | February 28, 2009 at 12:22 AM
Hello Jeff,
My partner and I recently relocated here from New York. Our furniture is in storage and we are renting a completely furnished apartment in Delray Beach, Florida.
We will be looking to purchase a townhouse (wish list not necessary now). But one thing has come up that is of great concern to us... and that is the amount of crime down here. As visitors, we never thought about that before, but now location is obviously something we think about quite a lot.
We are not rich, and not able to move into a multi-million guarded community.
In our explorations, prior to looking at individual properties, how can we go about assessing communities and neighborhoods before registering with an agent?
Larry
Posted by: Larry | January 12, 2009 at 10:47 PM