How to Get a Seller or Buyer to Perform (LA 1414)
Transcript:
Steven Jack Butala:
Steve and Jill here.
Jill DeWit:
Hello.
Steven Jack Butala:
Welcome to the Land Academy Show, entertaining land investment talk. I'm Steven Jack Butala.
Jill DeWit:
And I'm Jill DeWit, broadcasting from kind of sunny southern California.
Steven Jack Butala:
Not really, not sunny at all. You know what's good about when it's not sunny, though?
Jill DeWit:
Tell me.
Steven Jack Butala:
The lighting's great.
Jill DeWit:
You know, I got this. I will make sure on recording days, this is it, because we need it just like this. This is perfect.
Steven Jack Butala:
If you've ever shot any video, if you have a show or ever done a YouTube, even one YouTube video, or if you shot family pictures, it's a huge challenge to shoot into glass, and then into the outside.
Jill DeWit:
Right.
Steven Jack Butala:
And then on top of that, the ocean is reflecting the sun.
Jill DeWit:
It's awful.
Steven Jack Butala:
Yeah, so it's really in the morning right now, and it's a little bit overcast. And I'm enjoying some pretty good lighting.
Jill DeWit:
Exactly.
Steven Jack Butala:
It has nothing to do with real estate.
Jill DeWit:
Correct.
Steven Jack Butala:
Before we get into it, well, today Jill and I talk about how to get a seller or buyer to perform.
Jill DeWit:
We didn't already say that?
Steven Jack Butala:
I don't know, maybe I did.
Jill DeWit:
I don't know.
Steven Jack Butala:
Before we get into it, let's take a question posted by one of our members on the landinvestors.com online community. It's free.
Jill DeWit:
Buck wrote, "The buyer of one of my owner finance deals is asking what happens if he dies." You know, I was thinking about this. Let me pause for just a second. You know, I was explaining to someone in one of my ... I was in, I think I was in an accountability group. I was a guest on somebody else's accountability group the other day. And I was talking about the number of deals we've done.
And I've pretty sure, you think you've had it all, right? You think that you've heard everything with the volume and the thousands of deals that we've completed, I feel good. But every now and then, something comes up when I'm like, "Wow, I actually have not had that one yet."
And I actually have not had anybody say this to me. Maybe you have, but I have not had this conversation.
Steven Jack Butala:
I've had people die during a deal.
Jill DeWit:
Yes, I have had that.
Steven Jack Butala:
During an acquisition and a sale, but never owner finance.
Jill DeWit:
Well, and like pre planning it, like, "I'm in bad health," or something. I don't know.
Steven Jack Butala:
Yeah.
Jill DeWit:
So, "Does his paid interest in the land become part of his estate? And his estate can continue making payments? He wants to make sure his wife and kids don't lose anything. Thanks for your help, Buck."
I just think it's how he sets it up. I don't know what I would tell him what to do.
Steven Jack Butala:
Totally, you nailed it.
Jill DeWit:
Yeah, I would say, let's just to make sure all the documents read, you know, buyer, as joint attendance with right to survivorship of his wife, and everything along the way. What all, I'm trying to think what other ...
Steven Jack Butala:
Well, if it's in a trust, then it's ...
Jill DeWit:
That, too.
Steven Jack Butala:
If the contract is in a trust ...
Jill DeWit:
Right.
Steven Jack Butala:
Because you don't get deeded. There's two ways to do this.
Jill DeWit:
That's true.
Steven Jack Butala:
I'm sure Buck's doing it the right way, which is just a land contract where the payments get made, the payments get made, nothing gets recorded until all the payments are made, and then the entity owns it. And the key word here is entity. So if the guy, the buyer, it's all in his name, there's going to be estate issues.
But if Buck sells it at asset to the trust that he sets up, as long as the trust keeps making payments,