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Beware: Unmasking the Vacant Land Property Scam — A Call to Vigilance for Real Estate Licensees

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By Stephanie Mojica

SACRAMENTO – In the wake of a recent statewide consumer alert on identity theft and rental properties, the California Department of Real Estate (DRE) is once again sounding the alarm. This time, the focus is on an emerging false identity scam targeting vacant land and unencumbered properties. With a surge in real estate fraud involving identity theft, law enforcement agencies and District Attorney’s offices across California are urging more than 434,000 DRE licensees to stay vigilant.

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The scam entails fraudsters scouring public records to identify properties without mortgages or liens, especially vacant lots, long-term rentals, or vacation homes often owned by vulnerable populations such as the elderly and foreigners.

Posing as the property owners, the criminals contact real estate agents, seeking assistance in selling the properties that they do not actually own. They lure agents with offers to list the properties below market value to generate quick interest, while ensuring no “For Sale” signs are displayed. They prefer cash buyers, demand rapid closing, and evade in-person meetings by relying on email, text, and phone communications, refusing video calls. To add another layer of deceit, they employ their own notary, who provides falsified documents to title companies or closing attorneys, insisting that proceeds be wired directly to them.

Detecting this scheme can be challenging, but real estate agents must exercise due diligence by verifying the property owner’s identity before accepting a listing. To protect themselves and their clients, agents are advised to:

1. Request in-person or virtual meetings with proper government-issued identification.

2. If an in-person meeting is not possible, require the use of a third-party identity verification service.

3. Conduct thorough online searches to verify the owner’s identity, including checking for recent photos and contact information.

4. Send a copy of the electronically signed listing via overnight mail to the property’s address on record, asking for confirmation from the actual owner.

5. Obtain a copy of a voided check with the seller’s disbursement authorization form from the property owner.

6. Use a wire verification service to ensure that wire instructions match the account details provided on the seller’s disbursement authorization form.

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DRE strongly encourages brokers to establish written policies regarding listings for properties where the licensee and seller have never met in person.

Should any suspicious real estate fraud cases arise, agents are urged to report them to local law enforcement or their District Attorney’s office. If another real estate licensee is potentially involved in the fraud, the information should be provided to DRE through its Enforcement Online Complaint System.

Vigilance and proactive measures can help thwart these scams and protect both real estate professionals and property owners from falling victim to such deceptive practices.

Stephanie Mojica

Stephanie Mojica, writer of How One Writer Shifted From Settling for $12 an Hour to Prospering at Over $90 an Hour and shorter books such as Quick Answers to Frequently Asked Credit Questions, is an award-winning journalist with publications such as USA Today, The Philadelphia Inquirer, San Francisco Chronicle, and The Virginian-Pilot, among many others. She helps executive coaches, business consultants, business owners, attorneys, and other decision makers generate more money online and become the go-to expert in their field by guiding them step by step through the process of writing and publishing a book.

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Enhanced Diligence for Turnkey Investing

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By Bruce Kellogg

What About Enhanced Diligence?

In the beginning, commercial real estate brokers invented the term “due diligence”. Lacking a specific definition, it basically means, “Check it out”, when making a real estate purchase. Nowadays, the term has received wider use in home purchasing, turnkeys, syndications, and more, but its application still has no formula. This article aims to correct that for turnkey investing with what can be called Enhanced Diligence.

Initial Philosophy

When an investor purchases a turnkey property in a distant location from a rehabber who installs a tenant and arranges for property management, the investor is buying a property. The rehabber might move on, or go bust. The manager might prove ineffective. The tenant might move out. What is surely left is the property. The investor owns it. This is why Enhanced Diligence is so important. It has got to be done!

Exterior Issues

Common sense suggests purchasing a property with a hardy exterior, especially in areas with harsh winters or hot, dry temperatures. Basically, this means the less wood, the better. Think of tile or concrete roofs, brick/block/stone/vinyl exterior walls, and vinyl windows. Arrange these for your purchase as best you can.

Repairs “Done With Permits”

Most turnkey projects with substantial rehab work will involve the need for building permits. Common examples include roof replacement, gas line routing, electrical wiring and service upgrades, and moving “load-bearing” walls. So what? Turnkey operators will say that their repairs were “done with permits”, but this doesn’t say everything. A turnkey operator might “pull permits” for some repairs, but not others, usually in order to save costs. Or, they might purchase permits at the Building Department, but not call for the required inspections, and not have the permit “finaled” (i.e., all signed off). For example, paying a $22.00/hour “handyman” to reroute a gas line is much cheaper than paying a $60.00+/hour licensed plumber to do the job. This matters because people could get hurt by improper work, and insurance claims will be justifiably denied if this is discovered.

Enhanced Diligence by investors involves obtaining copies of all permits from the turnkey operator, then comparing them to the Building Department file for the property. Most departments have this online now or, if not, permits can be requested by mail and enclosing the required fee. This is public information.

If any of this does not go smoothly, or check out, take a hike.

Obtaining Inspections

In principle, the author recommends obtaining a “property inspection” report by a licensed contractor even if the turnkey operator discourages the idea. In fact, that might be even more reason to order one! The cost is usually $450-600, depending upon the size and complexity of the property being inspected. Look especially for two kinds of findings: 1) building code violations and, 2) health and safety hazards found. An example would be exposed electrical wiring. It is important to negotiate corrections to all of these and, if not satisfied, again, take a hike.

Now, some cities do inspections before rehab properties can be transferred. The investor needs to decide whether this is sufficient. One of the author’s consulting clients purchased a turnkey house where four city inspections were to be done. So, on a $62,000 house, the client felt he saved $450. It’s a business decision.

Property Manager

If the turnkey operator arranges for property management, or is providing it themselves, it is important to interview the manager. The “Property Management Interview” questionnaire in Attachment #1 can be used. It can also be used to hire a new manager in the event the present manager needs to be replaced. Enhanced Diligence also includes obtaining and checking licenses, professional certifications, and references for the property manager. Three references is probably enough.

Tenant Estoppel Certificate

If the property comes with a tenant, or several, rents will be pro-rated, and security deposits will be transferred in escrow. Just the same, the investor should insist that each tenant fill out and sign (all tenants) the Estoppel Certificate in Attachment #2. This avoids any possible disputes with the new owner over terms of the tenancy.

Evaluating the Numbers

Attachment #3 is a typical turnkey offering circular. How does an investor analyze it?

Start with “List Price”. Ask the turnkey operator for at least three closed sales in the past 3-4 months within ½ to one mile. See what you get. If this information is insufficient, order an outside “fee” appraisal. This will help if you are paying cash, but it might not be necessary if you have a lender who will be ordering an appraisal of their own. Then make the seller an offer! Why pay list price?

“Gross Rent”? Ask the property manager for “comparable” rents if the property is vacant and about to be rented for you. If there exists a tenant, then the rent amount is probably realistic.

Expenses is where dishonest turnkey operators are apt to take advantage. They underestimate expenses intentionally, or omit some altogether. This is how they jack up the cash flow, “cap rate”, and “ROI “ numbers. (More on these shortly.) Attachment#4 is a list of common expenses. Working with the turnkey operator and property manager, the investor needs to get an amount for each expense, or a reason why it is not applicable (e.g., no snow removal in San Diego.) Then compute your own cash flow. Don’t take the promoter’s numbers!

“Operating Expenses” per Attachment #4 often run 45-55% of gross rents, even on new or rehabbed properties. If you are given a lower number, dig in and find out why. It could be legitimate, or not, but you need to get the answer.

“Vacancy Factor” is a prime area for falsification. The example in Attachment #3 shows 8%, which equates to a bit less than one month. But what if the turnover crews are busy, or the market is slow, or the code inspector is in training for a week? The author’s experience is that 12% is more realistic, if not 15%!!!

“IRR”, Internal Rate of Return is a calculated figure used to compare alternative investments like bonds, rentals, annuities, and others. So is “ROI”, Return on Investment. Describing these exceeds the scope of this article, but the investor is warned that unscrupulous turnkey operators use expense and rent manipulations to enhance these figures to attract investors seeking an unrealistically high “yield” on their investment. Any IRR or ROI above 12% should be dissected to see how it was obtained. A real estate investment expert should be consulted, if necessary.

“Annual Appreciation” assumptions are often made and used by turnkey operators to project high future returns. A conservative investor would not assume anything. Or, even take into account the possibility of a decline in rents, or property values. We’ve seen these before, haven’t we?

Additional Diligence

Obtain and check at least three references of clients from the turnkey operator. Check any real estate and contractor licenses for current standing, bonding, insurance, any disciplinary actions, and complaints. If not satisfactory, take a hike. Go see the property, if possible!

Conclusion

Among other things, the author consults for prospective turnkey purchasers. Some have already lost five-, and six-figure sums investing with dishonest and/or incompetent turnkey operators. Please, please adopt Enhanced Diligence as presented here.

Investors are invited to hire the author to help them evaluate turnkey, syndication, joint-venture, and other investment opportunities.

 

Bruce Kellogg

Bruce Kellogg has been a Realtor® and investor for 36 years. He has transacted about 800 properties in 12 California counties. These include 1-4 units, 5+ apartments, offices, mixed-use buildings, land, lots, mobile homes, cabins, and churches.

Mr. Kellogg is a contributor and copy editor for two national real estate wealth-building magazines: Realty411, and REI Wealth Mag.

He is available for listing, selling, consulting, mentoring, and partnering. Reach him at [email protected], or (408) 489-0131.

Due Diligence – What it is and Why it Matters!

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By Laura Alamery

 

Buying real estate is not as simple as having enough money to purchase the property. It requires time and effort to check and make sure that the condition of the property is good and the title is valid before making the final decision. That is what you call due diligence.

In case the buyer discovers that something is wrong with the property, he may give suggestions to the seller so that the latter can act on it by addendum to the contract, or the buyer can decide not to buy the property.

Contractual Due Diligence

There are certain elements within the sales contract or purchase agreement which are critical to the ‘satisfaction’ of due diligence. Let’s take a closer look at each of them.

Contingencies – Any contingencies which the buyer wants performed prior to finalizing the purchase must be stated on the sales contract. Some examples of these conditions may include: inspections, partner’s approval, financing, research of code violations or permits – and, of course, a clear and marketable title. At the end of the contingencies timeline, the buyer must either release the them and proceed with the sale or cancel the purchase.

Time is of the Essence – Due diligence supported by contingencies comes with a definitive timeline in the sales contract. If the buyer cannot complete his/her due diligence by the deadline, he/she will have to renegotiate with the seller. The seller has the choice whether or not to agree to the extension; which in turn may compel the buyer to follow through with the purchase regardless, or cancel the contract.

Title Discovery – Whenever you purchase real estate (especially as an investor) a marketable title is the most crucial element. Without it, an investor cannot sell or transfer the property. There are several types of title discovery searches which look into a chain of title; as well as liens or judgments against the property. The following are 2 main types of searches performed; keep in mind these may go by different names according to the title company and location:

  1. Full Title Search – the most complete of the two, this search checks into everything affecting the property’s history. It is the only one that will be used prior to issuance of title insurance, and is of course the most expensive to perform.
  2. Letter Report – a summary of what’s on the title; which reveals any possible liens and judgments.

Please note: Securing title insurance is an important step. Though title insurance for cash transactions is optional, it is mandatory when the buyer must obtain a mortgage to purchase the property. In my professional opinion, an investor should always acquire title insurance. According to Wikipedia, “Title insurance is a form of indemnity insurance predominantly found in the United States which insures against financial loss from defects in title to real property, and from the invalidity or unenforceability of mortgage loans.”

Due Diligence Questions & Answers

 

Q: Should an investor perform due diligence on every property before purchasing?

A: Yes, and no. When an investor is looking at several possible deals at the same time – and not sure if they will go through with a specific contract, holding back could be wise. For example, it would be prohibitively expensive to perform even a Letter Report (average cost is $150) on every single property. These actions are also time consuming: even a title report will take 3 business days to be issued.

With that said, there are times when some basic due diligence is an important decision factor; for instance, when an investor is considering a property coming online at a foreclosure auction. The investor will want to know what potential issues there might be on title (liens, judgments) and whether the title would be marketable.

Q: Is it necessary for a title company to perform the due diligence for any sales contract?

A: The investor can actually perform a lot of their own basic due diligence without hiring a title company or spending any money. Checking with the appropriate government offices (most of them can also be accessed online) for some basic discovery is the simplest way to gain confidence in proceeding with your purchases.

Q: Which government agencies do you recommend searching to complete due diligence?

A: I don’t check with all the government offices for each property. If my discovery at the Recorder of Deeds Office comes out clean (with no red flags) I will stop there; unless I see a spotty history of liens and releases on title. This is also a useful means of locating properties undergoing issues that have kept them off the MLS. Here is a list of searches available in the public domain, and what you can expect to find:

  1. Recorder of Deeds Office – Will have record of liens such as: Mortgages, Federal & State Income Tax Liens, Sewer, Water, Judgments, HOA (Homeowner’s Association); and other property document history.
  2. Collector of Revenue – Lists any Back Property Taxes and Tax Liens
  3. Building Inspections Office – Data on any building violations and inspections.
  4. HOA – If the property is within a subdivision or a condo development, there are probably Homeowners’ Association Dues.
  5. Clerk’s Office – Mechanics Liens (filed by contractors for unpaid work on the property).
  6. Comptroller – City liens, for unpaid taxes and fees.

Due diligence is a must when it comes to purchasing real estate. Though a preliminary search can be performed at no cost before making your decision to proceed – it is my opinion that a full title search and insurance are necessary prior to final purchase.