Legal Tips for Wholesaling Real Estate

Many real estate investors regard wholesaling as a way to learn how to evaluate deals and develop your real estate network.  It is also a method to profit from investing in real estate without requiring significant up front capital.  Wholesaling is a strategy whereby...

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Bitcoin Basics: What is Cryptocurrency?

Questions about Bitcoin have increased dramatically as investors have seen the price of Bitcoin rise from 30 cents per Bitcoin in 2011 to $2,550 per Bitcoin in July 2017. This article answers basic questions about Bitcoin and we'll have two follow-up articles...

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The Realities of Litigation

For most people involved in a dispute, declaring the words “See you in Court!!” can seem like the perfect threat or even feel therapeutic at the least. Some even presume that by stating “I’m going to sue you” is like declaring nuclear war against the other side and...

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How to Donate to Charity and Beat the Tax Man

How to Donate to Charity and Beat the Tax Man

I have a close relative who works in fund-raising for a fairly large university.  While he loves receiving large charitable donations in the form of immediately available cash or other marketable assets (such as real estate and publicly-traded stock), he knows that...

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6 Tax and Legal Tips When Investing in Real Estate

6 Tax and Legal Tips When Investing in Real Estate

Sir Francis Bacon put it best when he said, “knowledge is power”.  Not only does he have a great last name but he gives good advice that applies to all facets of life including investing in real estate.  Whether you are new to real estate investing, or a seasoned...

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What Do I Need to Know About Title Insurance

We all know that title insurance is a necessity when purchasing real estate, but many do not have a sufficient understanding of what title insurance is really for and steps we can take to deal with title insurance companies to prevent being embroiled in a title...

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Eight Spring Cleaning Ideas for Your Business

Don’t ask me why, but my seven year-old daughter is obsessed with the cheesy early 1990’s goodness that is Full House.  Nick at Nite has scheduled a two-hour block of Danny Tanner, Uncle Jesse, Joey and the Tanner girls from 7-9 p.m. most weeknights, and my daughter...

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Alternatives for Securing Your Loans or Investments

We often advise clients who want to loan money or participate in an investment to “get adequate security” for their investment. The purpose of getting additional security for your loan is so that you have something else that you can go after if the loan goes south....

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Just "Having" an S-Corp May Not be Enough

Just “having” an S-Corporation may not be enough. It's important you make sure to reap the tax and legal benefits of your S-Corp if you're going to set one up. If you routinely read articles in this space or have heard any of our attorneys speak around the country,...

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Who's Liable- The Landlord or the Tenant?

We have many clients that own residential rental and commercial properties and lawsuits involving landlords continue to happen throughout the country, and will continue so long as someone is willing to 'rent a room' and someone is likely not to pay or damage...

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Which State's Law Applies in a Lawsuit?

We frequently hear from clients who have been told by others that they should incorporate in Nevada (or other states outside of their home state) in order to take advantage of their favorable laws.   We have seen many individuals persuaded into incorporating in a...

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Estate Planning After a Spouse's Death

It's hard to consider the grief and sorrow that comes when a spouse passes. However, the year following the death of a spouse is an important one for the surviving spouse as there are number estate planning considerations and decisions to be made. This article is...

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How to Negotiate a Solid Contract

Lets face it, we all have to deal with contracts, many of us on a daily basis, and it is the law of contracts which forms the very foundation for our civil and commercial society.  The main purpose of a contract is to memorialize and confirm the intentions and future...

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What are My Options if I Disagree with the IRS?

Many view the IRS as an agency shrouded in mystery and the IRS is generally perceived as the omnipotent “big brother” that we should all fear. It is true that the IRS does have the ability to unilaterally garnish wages or levy on assets, whereas almost every other...

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Starting Your Solo 401k By Year-End

The end of the year is approaching fast and many small business owners and real estate investors are looking for end of year tax savings!  One of the typical year-end tax strategies is to make a tax deductible retirement account contribution. If you’re self-employed...

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Estate Planning: Recent Questions from our Clients

In my experience, estate planning is one of the most important, and simultaneously least understood, areas of the law. Perhaps this is because none of us ever see how our own estate plan (or lack thereof) plays out after we are gone. Maybe it’s because there’s just a...

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How to Properly Use Credit Reports to Screen Tenants

Experienced landlords and property managers understand the importance of carefully screening prospective tenants and anyone who has had to go through the process of evicting a tenant knows how cumbersome the eviction process could be.  The ability to screen tenants...

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The 'ABCs' of Buy-Sell Agreements

Most of us know that in business it is crucial to choose your partners carefully as the success of your business (and perhaps your livelihood) depends on it. We also encourage our business owners to have frank discussions with their partners regarding the details of...

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How to Reduce Your Liability as a Landlord

Premises liability is an area of the law that addresses the responsibility of land owners to individuals who come on the land.  This is basically the liability a Landlord faces when owning property. Perhaps the most common form of premises liability which most people...

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Raising Money for Others

If you are assisting someone else’s company in raising money and are receiving a fee for doing so you must do such activities within the confines of the securities laws. These laws essentially provide three different ways in which one may legally raise money for...

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How Pokemon Go Could Get you Sued

For those of us who grew up in the 90’s, Pokemon was a series of kids’ video games and cartoons from Japan. I was a little too old for the original Pokemon craze, but my younger siblings were into it and the whole thing always seemed like harmless fun. Since its...

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Tips on Purchasing Homeowner’s Insurance

People who have read Mark Kohler’s Lawyers are Liars know that our philosophy with respect to asset protection is the “multiple barrier approach” to put as many barriers as you can between you and someone who would sue you.  For owners of real estate, one of primary...

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3 Reasons to have a Partnership Agreement

3 Reasons to have a Partnership Agreement

If you have your own business or are thinking about starting your own business, this article was written for you, particularly if you currently have or are considering having a business partner(s).  Some business owners are hesitant to mention to their business...

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5 Important Reasons to Avoid Probate

Anyone with a basic understanding of estate planning knows that one of the primary benefits of having a living trust is to avoid probate. Nevertheless, unless you are an attorney or have been personally involved in a probate proceeding in the past, few people have an...

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Investor versus Dealer in Real Estate, Which One Are You?

We are frequently asked by clients whether their plans to buy and sell real estate will subject them to status as a “dealer” in real estate, and therefore subject their profits to ordinary income treatment and self-employment tax.  In general, the sale of real estate...

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Success in a Lawsuit

For many people, filing a lawsuit is tantamount to hitting your opposing party with the nuclear option.  Nevertheless, if the potential for litigation does arise, in most cases, your options will be to either litigate, settle, or walk away.   In most cases, trying to...

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