Wednesday, December 9, 2009
Considerations For Foreign Investors Of U.S. Property
Foreign nationals can freely buy U.S. real estate for their own personal use as a residence, either in their own names or through corporations or other entities, without having to report to any government agency. Things get more complicated, however, when foreign nationals or entities go to sell U.S. real estate or co-op assets. The purchase of U.S. assets by foreign investors warrants estate planning in advance of the intended
acquisition. Foreign investors do not have the benefit of U.S. estate tax exclusions, which is $3,500,000 for 2009. U.S. estate taxes are based on the value of the property at death not the gain in value from the acquisition date.
Absent estate planning, a foreign investor’s estate can owe up to 46% of the value of the property in Federal tax upon his or her death. State and local tax obligations can increase the tax obligation to over 50% of the value of the property. Foreign investors can structure their acquisitions through off-shore entities to avoid U.S. estate and gift taxes. Income tax on the rental income or gain from a sale can also be avoided, depending on
the country of residence, by proper planning. Foreign investors can establish a holding corporation that is outside the U.S. either (i) in the country of residency or (ii) in a country with favorable tax rules such as Bermuda or the Bahamas. The holding company then establishes a U.S. subsidiary which then acquires and holds the U.S. asset. The foreign investor then owns stock in the foreign holding corporation. Upon death of the foreign investor, there are no estate taxes due as the transfer of shares of a foreign corporation are not subject to U.S. estate taxes.
There are two forms of apartment ownership in New York City, co-operative and condominium. Coop apartments require board approval. Such boards are generally very unreceptive to holding corporations purchasing into the co-op association. Condos are therefore better suited to foreign investors.
LAW OFFICE OF JOHN P. BRADBURY
Five Penn Plaza, 23rd Floor Phone: (212) 697-3529New York, New York 10001 Fax: (212) 202-5046
jbradbury@nyrelaw.com
www.nyrelaw.com
The Top 6 Reasons To Price It Right
Incorrectly pricing an apartment for sale can be counter productive for the seller. Here are some of the most important reasons why:
1) An appraisal becomes problematic. If the buyer needs to get a mortgage the bank will have the apartment appraised. The sale will only close if the contract price is reasonably near recent closing prices.
2) The intimidation factor. "...This is such a high asking price. There's no way the owner will negotiate to a level I can agree to...". Fewer buyers will make offers on an over priced apartment. This is a counter productive situation for a seller who wants multiple offers and the highest price the market will bear.
3) The missing search. Buyers using the web will not find listings priced out of a reasonable search range. One example would be a studio asking $700,000. Few buyers are looking for studios asking this much.
4) Credibility. Under pricing an apartment can also be an issue for sellers. Buyers may interpret this as an indication either something is seriously wrong with the apartment (i.e. it's in awful condition, completely dark, etc.) or the size has been misrepresented; "...This can not be a real one bedroom. The price is so low that it's either a mistake or this apartment is really a converted studio....". If an apartment is to be "under priced" to try to spark multiple bids the ask still must be set correctly as part of the overall presentation.
5) Increased time on the market. An incorrectly priced apartment will probably take much more time to sell. The longer a listing is on the market the less credibility the asking price will have. Certain types of apartments also have a peak period of interest during the year. Missing a window like this can be costly.
6) Helping the competition. One of the classic tactics is using an incorrect higher ask price to help sell other apartments. A savvy seller will encourage a buyer to look at specific other properties because he knows the comparison is favorable.
The credibility and accuracy of a Real Estate ad will determine whether it's the start of a viable relationship between the buyer and seller or the conclusion. An incorrect asking price is an obstacle that causes many buyers to distrust the seller making an already challenging process more difficult. A savvy buyer understands that many over priced and badly presented apartments eventually sell at a discount because the seller runs out of time, money and patience.
The question now is not why it's important to price correctly; it's how to.
1) An appraisal becomes problematic. If the buyer needs to get a mortgage the bank will have the apartment appraised. The sale will only close if the contract price is reasonably near recent closing prices.
2) The intimidation factor. "...This is such a high asking price. There's no way the owner will negotiate to a level I can agree to...". Fewer buyers will make offers on an over priced apartment. This is a counter productive situation for a seller who wants multiple offers and the highest price the market will bear.
3) The missing search. Buyers using the web will not find listings priced out of a reasonable search range. One example would be a studio asking $700,000. Few buyers are looking for studios asking this much.
4) Credibility. Under pricing an apartment can also be an issue for sellers. Buyers may interpret this as an indication either something is seriously wrong with the apartment (i.e. it's in awful condition, completely dark, etc.) or the size has been misrepresented; "...This can not be a real one bedroom. The price is so low that it's either a mistake or this apartment is really a converted studio....". If an apartment is to be "under priced" to try to spark multiple bids the ask still must be set correctly as part of the overall presentation.
5) Increased time on the market. An incorrectly priced apartment will probably take much more time to sell. The longer a listing is on the market the less credibility the asking price will have. Certain types of apartments also have a peak period of interest during the year. Missing a window like this can be costly.
6) Helping the competition. One of the classic tactics is using an incorrect higher ask price to help sell other apartments. A savvy seller will encourage a buyer to look at specific other properties because he knows the comparison is favorable.
The credibility and accuracy of a Real Estate ad will determine whether it's the start of a viable relationship between the buyer and seller or the conclusion. An incorrect asking price is an obstacle that causes many buyers to distrust the seller making an already challenging process more difficult. A savvy buyer understands that many over priced and badly presented apartments eventually sell at a discount because the seller runs out of time, money and patience.
The question now is not why it's important to price correctly; it's how to.
Don't Forget The Floorplan
"...This is an apartment I could be interested in, let's see the floor plan. Oh well, there is none. What do they not want me to know? Maybe the rooms are very small? I don't have time for this, next apartment...".
It's very important to have a floor plan for every apartment advertised. Many buyers will simply skip an ad because they can't get the information they need. Omitting a floor plan is a mistake new agents and for sale by owners make.
This can be hand drawn if necessary but critical that it have reasonably accurate dimensions so a buyer can begin to understand what the space is actually like. All ad components are an opportunity to show appealing aspects of the product. One good example is the floorplan below highlighting the unique shape of the bedroom - definitely different from it's competition:
Effective ads strike a balance between a level of accuracy and appeal.
Thursday, November 5, 2009
Tuesday, November 3, 2009
Showings On Saturday?
Even in this slower paced market there are still quite a few listing agents who avoid showing their exclusives on Saturday. What can be learned about a seller with a position like this?
1) The seller's agent is serious about selling but also doesn't want to send a message of weakness to buyers. The thinking goes something like "...if the buyer is serious he will make time in his schedule to see this apartment during normal showing hours...". There may actually be some merit here. I've shown buyers apartments at 8am and 9pm and in my experience this 'tactic' is counter-productive and sends the wrong message.
2) The seller's agent is not serious about getting the most for his client - a very unfortunate turn.
I believe that within reason all agents should show their listings on Saturdays during conventional showing hours - 11am-7pm or so - depending of course on their owners availability. We have to remember how inconvenient it can be for owners to be out during showings but also understand how important ease of access is to the final result. If a buyer can't see an apartment the chances are increased he'll buy someone else's.
1) The seller's agent is serious about selling but also doesn't want to send a message of weakness to buyers. The thinking goes something like "...if the buyer is serious he will make time in his schedule to see this apartment during normal showing hours...". There may actually be some merit here. I've shown buyers apartments at 8am and 9pm and in my experience this 'tactic' is counter-productive and sends the wrong message.
2) The seller's agent is not serious about getting the most for his client - a very unfortunate turn.
I believe that within reason all agents should show their listings on Saturdays during conventional showing hours - 11am-7pm or so - depending of course on their owners availability. We have to remember how inconvenient it can be for owners to be out during showings but also understand how important ease of access is to the final result. If a buyer can't see an apartment the chances are increased he'll buy someone else's.
Advertising Review
In this segment we show some of the more interesting aspects of ads. What does and does not work and why?
I really like the presentation of this new one bedroom Condop in the Village, particularly the picture of the living room. I don't know if they added that rug just to sell the apartment or not but it works extremely well. The room has some interest because of the shadows and bookcase but the addition of this rug adds texture and depth in ways not usually seen - a master stroke. Their ask price is $825K (and maint $1,234) - now the lowest asking one bedroom in the building probably because of the lower floor. They reference "West Exposure" and "Full skyline view..." but my only questions are 1) why not show a picture of the view if it's so great? and 2) why not show photos of the lobby and more critically of one of the best roof decks in the city?
"...By preparing studies and reports the realtor educates...himself."
I really like the presentation of this new one bedroom Condop in the Village, particularly the picture of the living room. I don't know if they added that rug just to sell the apartment or not but it works extremely well. The room has some interest because of the shadows and bookcase but the addition of this rug adds texture and depth in ways not usually seen - a master stroke. Their ask price is $825K (and maint $1,234) - now the lowest asking one bedroom in the building probably because of the lower floor. They reference "West Exposure" and "Full skyline view..." but my only questions are 1) why not show a picture of the view if it's so great? and 2) why not show photos of the lobby and more critically of one of the best roof decks in the city?
"...By preparing studies and reports the realtor educates...himself."
Stager's Corner
With the advent of tv shows Open House LXTV, Designed to Sell, The Stagers, we present a viewpoint from a Manahattan based Real Estate Stager, Debbie Oulvey, to address sellers' queries and questions for today and the future.
Debbie Oulvey, creator of Amazing Space NYC LLC, brings an Interior Design and a business background to her Real Estate Staging business. A member of ASID (American Society of Interior Designers), CSP (Certified Staging Professionals) and RESA (Real Estate Stager Association), Debbie has the ability to successfully accentuate the attributes of a room or create a focal point using color or accent pieces. Whether vacant, furnished or owner occupied, Debbie can transform a space into a picture-perfect, buyer-friendly property that offers a significant increase in marketability. Her ability to design eye-catching model apartments that cater to the lifestyle of a development’s target buying audience has earned her the respect (and repeat business) of well known real estate developers and business development brokers.
Debbie Oulvey – ASID, CSP, RESA
Amazing Space NYC LLC
www.amazingspacenyc.com
917.428.3965
STATISTICS:
· U.S. Housing and Urban Development reported that a Staged home will sell, on average, 17% higher than an un-staged home.
· Only 10% of the Buyers can visualize the real potential of a property (Home Staging Resource 2005-2009)
· Leaving a property in “as is” condition will actually help sell the competition (Home Staging Resource 2005-2009)
· According to a May 2008 RESA study: Vacant, unstaged homes remain on the market 120 days versus 26 days for similar properties that were Staged.
· According to a May 2008 RESA study: Furnished, unstaged homes were on the market for 102 days versus 45 days for similar properties that were Staged.
· 84% of buyers use websites to research properties before even contacting a broker or agent.
· According to RIS Media, 91% of the people surveyed believe Staging makes a difference when selling a home.
· In a national survey, 63% of buyers said they would pay MORE for a home that was in move-in condition.
SIMPLE STAGING TIPS from Amazing Space NYC LLC:
1. Show each room with ONE purpose. A dining-home office area translates to “not enough space” to a buyer.
2. Eliminate pet and cooking odors.
3. Pack up unnecessary items and furniture before you show the property. Stagers recommend packing and removing at least 50 per cent of the items in closets and on shelves.
4. Storage space sells; eliminate excess clutter and organize the storage areas.
5. You only get one chance to make a first impression: Make sure Buyers are greeted by an entrance you want them to remember.
What is the biggest misconception about Real Estate Staging? It is considered an expense rather than an investment and part of the overall marketing effort. A certified, Real Estate Staging professional will highlight the property’s attributes, neutralize its décor and strategically place color or accents that will draw the Buyer into the space and throughout the property. A Staged property is a powerful presentation in web pictures, brochures and in person. By investing in professional Staging, a property’s value increases as Buyers are able to see what they are really buying, understand how to use the space and ultimately move right in.
Whether a detailed assessment or a full Staging, Amazing Space NYC will design and execute a plan based on the property’s target audience, the price point, and the lifestyles of the potential buyers. The end result is a picture-perfect, buyer-ready marketable product.
Debbie Oulvey, creator of Amazing Space NYC LLC, brings an Interior Design and a business background to her Real Estate Staging business. A member of ASID (American Society of Interior Designers), CSP (Certified Staging Professionals) and RESA (Real Estate Stager Association), Debbie has the ability to successfully accentuate the attributes of a room or create a focal point using color or accent pieces. Whether vacant, furnished or owner occupied, Debbie can transform a space into a picture-perfect, buyer-friendly property that offers a significant increase in marketability. Her ability to design eye-catching model apartments that cater to the lifestyle of a development’s target buying audience has earned her the respect (and repeat business) of well known real estate developers and business development brokers.
Debbie Oulvey – ASID, CSP, RESA
Amazing Space NYC LLC
www.amazingspacenyc.com
917.428.3965
STATISTICS:
· U.S. Housing and Urban Development reported that a Staged home will sell, on average, 17% higher than an un-staged home.
· Only 10% of the Buyers can visualize the real potential of a property (Home Staging Resource 2005-2009)
· Leaving a property in “as is” condition will actually help sell the competition (Home Staging Resource 2005-2009)
· According to a May 2008 RESA study: Vacant, unstaged homes remain on the market 120 days versus 26 days for similar properties that were Staged.
· According to a May 2008 RESA study: Furnished, unstaged homes were on the market for 102 days versus 45 days for similar properties that were Staged.
· 84% of buyers use websites to research properties before even contacting a broker or agent.
· According to RIS Media, 91% of the people surveyed believe Staging makes a difference when selling a home.
· In a national survey, 63% of buyers said they would pay MORE for a home that was in move-in condition.
SIMPLE STAGING TIPS from Amazing Space NYC LLC:
1. Show each room with ONE purpose. A dining-home office area translates to “not enough space” to a buyer.
2. Eliminate pet and cooking odors.
3. Pack up unnecessary items and furniture before you show the property. Stagers recommend packing and removing at least 50 per cent of the items in closets and on shelves.
4. Storage space sells; eliminate excess clutter and organize the storage areas.
5. You only get one chance to make a first impression: Make sure Buyers are greeted by an entrance you want them to remember.
What is the biggest misconception about Real Estate Staging? It is considered an expense rather than an investment and part of the overall marketing effort. A certified, Real Estate Staging professional will highlight the property’s attributes, neutralize its décor and strategically place color or accents that will draw the Buyer into the space and throughout the property. A Staged property is a powerful presentation in web pictures, brochures and in person. By investing in professional Staging, a property’s value increases as Buyers are able to see what they are really buying, understand how to use the space and ultimately move right in.
Whether a detailed assessment or a full Staging, Amazing Space NYC will design and execute a plan based on the property’s target audience, the price point, and the lifestyles of the potential buyers. The end result is a picture-perfect, buyer-ready marketable product.
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