Re investment news february 2017

N E W S L E T T E R F O RM I D - A M E R I C A A S S O C I A T I O N O FR E A L E S T A T E I N V E S T O R S

W I N - W I N ! T H E B A S I C R U L E S& C O N C E P T S O F N E G O T I A T I O N S

a n s w e r s t o c o m m o n q u e s t i o n s

Tom Zeeb: page 3

N E W SINVESTMENT

FEBRUARY 2017

Calendar of EventsSecurity DepositLegislationPartnershipsBusiness Directory

Julie Anderson : page 5

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WIN -WIN!THE BASIC RULES &

CONCEPTS OFNEGOTIATION

BY TOM ZEEB

There are some basic rules and

concepts to remember when you are

negotiating. I will describe these

rules and concepts so that you can

get a clear idea of what negotiating is

and what things you need to be aware

of.

Remember that you are negotiating

all the time. This is true for many

aspects of your life. Therefore, even

if you are not using a specific

technique, keep these basic rules and

concepts in mind. They are the

starting point and framework for any

negotiation.

Five Things that Make a GoodNegotiator

The right state of mind is important.

As is learning the skills necessary to

success and improve. Like anything

else, there are things that you can do

to improve your mindset and skill set.

Consider these five things that make

a good negotiator:

1. Understanding that the other sidehas pressure on them to do the dealas well.

Both sides are under pressure to do

the deal. So don’t feel too

intimidated. Don’t think it is just you

that needs to perform.

If you start approaching someone

like you desperately need to buy,

don’t forget that they need to sell.

Some need to sell more than

others. And some really need to

sell fast.

Understand that there is pressure

on them as well. There is time

pressure on them. There is money

pressure on them. There are other

situational pressures on them.

Don’t forget that.

Don’t always feel that there is just

pressure on you. Stop and breath,

take a step back, and look at the

situation calmly. A lot of this is

about going around the other side

of the table and thinking like

them, feeling like them and

recognizing what is going on

there.

Just don’t forget that they have

pressure on them to close the deal

as well.

2. Wanting to learn negotiatingskills.

You have to want to learn this

stuff.

That sounds basic and obvious, but

many people think to themselves,

“I am a good businessman. I am a

good negotiator.” Yes, maybe. But

there is a lot you can learn and it

is going to take practice.

Commit to wanting to learn about

negotiation.

3. The desire to practice.

You need to be willing to practice

these skills.

I have a friend whom I told to

study these techniques. I

recommended a course to him and

he said to me, “I am a good

PAGE 3RE INVESTMENT NEWS

- NEGOTIATION -

5. Wanting to create "win/win" negotiating situations.

I know you hear the term “win-win” a lot and it might

sound a little cheesy, however it really does make all the

difference in the world.

Not viewing someone as the winner and someone as the

loser is one of the major things that separate

negotiation from high-pressure sales techniques.

High pressure sales techniques sometimes make you feel

like a loser. Especially if you are the one who forked

over a lot of money for something you maybe didn’t

need or really want.

In a win-win situation, you would say “I think I got a

good deal. I got some of value out of that”. That will

make a difference in the way you are perceived by the

other party and by the business community in general.

It will make people want to refer you to others.

Tom Zeeb has been featured by CNBC, The WashingtonPost, Kiplinger's Magazine, The Washington Examiner,Financial Lifeline Radio and National Real EstateInvestors Association's Magazine among others. He is thePresident of Traction REIA and he will be teaching hisbusiness blueprint at the February 14th MAREI meetingand an all day Master Class on Saturday the 18th.

negotiator already. I know all that. I don’t need help.” I

said, “Just humor me on this one. You are starting a new

job and I think these techniques will really do you good.”

I had once thought the same thing myself, that I

couldn’t get any better, etc. That’s nonsense! Everyone

can get better if they study and practice the right

things.

He did actually study the techniques. I got an email from

him a couple of weeks later and he said, “That stuff was

awesome. I am doing so well now.”

He negotiated 25% discounts across the board from all

the vendors he was dealing with. He said his boss is

thrilled beyond belief and can’t believe what a great

choice they made hiring him. He applied these

techniques and totally changed the dynamics of the way

that his company is doing business with other

companies.

He said some of the stuff sounded basic but you just

don’t always think about it, especially in a big picture

perspective that ties it all together.

Commit to practicing the skills it takes to be a

successful negotiator.

Tom Zeeb's

THE DEAL FLOW CHEATSHEET

TM

The 5 Key Marketing Element

s to Move Your

Real Estate Busines

s from Friction to Flow

Grab your copyMAREI.org/Traction

ANSWERS TO COMMON QUESTIONSevicting a tenant

What is an eviction?

An “eviction” is the removal of tenant(s)from a rental property by a landlordthrough a court action (lawsuit). Thereare three types of evictions in Missouri:(1) a Rent & Possession action, (2) anUnlawful Detainer action, and (3) anEmergency Eviction.

Rent & Possession is for past due rent. Unlawful Detainer is for violation of

the lease, the law or failure to move outwhen agreed. Emergency Eviction thatallows the landlord to remove thetenant within 24 hours of judgment dueto violence, drugs or damage.

In Kansas, an eviction lawsuit is called aforcible detainer and pertains to failureto pay rent or violations in the lease orthe law, or criminal activity.

When do I need a lawyer to file an

eviction suit?

If your rental property is owned in thename of a business entity, you arerequired by law to be represented by alawyer. If you own in your own name,you may be able to file without anattorney. Note that in both Kansas andMissouri, an eviction case is muchfaster than a civil case, but you have tofollow highly detailed rules and youmay find that hiring an attorney willspeed up the process and get you theproperty back sooner.

Can I change the locks or turn off theutilities if the tenant stops paying?No. Landlords may be prosecutedcriminally or sued in civil court fortenant damages such as temporaryhousing, value of food spoiled if therefrigerator stops running, etc. The factthat the tenant did not pay rent, left theproperty a mess, or otherwise actedoutrageously will not be a valid defensefor changing locks or turning offutilities.

If the tenant moves in and fails to putthe utilities into their own name, youstill can’t shut them off. It is a good ideafor the tenant to provide proof ofservice on the utilities before lettingthem move in.

How long does the eviction processtake?

In Missouri, a court date is scheduledabout four weeks after the lawsuit isfiled. A private process server will givea copy of your petition and the courtsummons to the tenant(s) at least tendays before the court date. If the

A review of common questions asked aboutevictions in Kansas and Missouri fromMoKsLaw.com


tenant shows up to court and disputedthe allegations in your petition foreviction, then the Judge will set thecase for trail in seven to 14 days. If thetenant fails to appear, the Judge willenter a default judgment. A Rent andPossession will be final in 10 days,Unlawful Detainer in 30 days.

In Kansas, your court date will be aboutthree weeks after the lawsuit is filed. ADeputy Sheriff will give a copy of thepetition and the court summons to thetenant at least three days before thecourt date. If the tenant fails to show orshows and agrees the charges a defaultjudgment will be filed and becomes finalafter fourteen days. If the tenant showsup and disputes the allegations a trialwill be set for seven to fourteen dayslater. Once the judgment becomesfinal, the sheriff has up to 30 days tophysically remove the tenant.

What notice is required prior to filingan Unlawful Detainer in Missouri?

You should serve your tenant with a 10Day Termination Notice if your tenanthas violated their lease, the law, orfailed to move when the lease expired. If you are on a month to month lease,you first need to provide the tenantwith a month’s notice to terminate thelease.

What notice is required prior to filingan eviction suit in Kansas?

Kansas law requires that the landlordserve the tenant with a writtentermination prior to filing an evictionlawsuit. These notices include a Three-Day Notice to Pay or Quit and aFourteen/ Thirty Day Terminationnotice.

The Three-Day Notice to Pay or Quitmust be in writing, list all tenants, theaddress, exactly how much is owed,state that past due rent must be paid infull within three days of the notice orthey must move out and list who andwhere to pay the money.

The 14-day/30-day notice would be thenotice provided in the case of a lease orlaw violation listing out the tenant’snames, the address and a list of eachlease or law violations and a briefdescription explaining the violation. State that the tenants right topossession will automatically terminatein 30 days from the date of the noticeunless the tenant fixes the violationwithin 14 days of the date of notice.

To terminate a month to month youmust provide your tenant with a onemonth notice based on the date thatrent is due.

If I hire an attorney, do I need toappear.

No, you do not need to appear at thefirst court date. If it is held over fortrial, you will need to appear for that.

What is the process for an eviction?

Step 1: Attorney sends written demandletter to pay rent or vacate and to callthe landlord to resolve.

Step 2: The eviction is filed at thecourthouse.

Step 3: The court will schedule the casefor a hearing and issue a summons totenant to appear.

Step 4: A private process server inMissouri or the Sherriff in Kansas willserve a copy of petition and summonsto tenant.

Step 5: Your attorney goes to Court onyour behalf to obtain a judgment.

Step 6: Attorney will contact you withthe Courts results and ask if you wouldlike to schedule the Deputy Sheriff toperform a lockout procedure.

Step 7: You and the Sheriff will lock outthe tenant and remove theirpossessions.

What if the day of eviction the tenantrefuses to remove themselves andtheir belongings?

In Missouri, the Deputy Sheriff willphysically remove the tenant, and youwill be responsible for removing all oftheir personal possessions to the curb. Once everything is removed, theDeputy will authorize you to change thelocks.

In Kansas, while the Sheriff’s Deputywill physically remove the tenant, hewill also take inventory of the personalproperty and authorize you to changethe locks. However, you have to keeppossession of the belongings for thirtydays and publish in the local paper asdescribed below.

What if my tenant moves out butleaves their stuff behind?

In Kansas, you can’t throw awaybelongings until at least thirty daysfrom the date you reclaim possession ofthe property. And prior to disposing ofthe belongings you must publish anotice in the local newspaper for atleast 15 days and mail a notice to thetenants last known address at leastseven days prior to disposition.

In Missouri if you have reasonablebelief that the tenant has moved outand does not intend to return and rentis due and unpaid for 30 days and youpost and mail both regular mail andcertified mail to the tenants last knownaddress to contact you within 10 daysto claim the property. You can thendispose of possessions after the 10 dayshave passed with no response.

Information is from Julie Anderson onthe website www.MOKSLaw.com. Youcan learn more about evictions andcollections in both Kansas and Missouriby visiting the website. Julie will be ourguest speaker in March helping us learnbest practices when it comes to dealingwith tenants.

INVESTOR

The busy real estate investor needs tools tohelp them grow and manage their realestate business. From marketing, to talkingto buyers and sellers, to keeping track ofeverything, MAREI has the tools you need.

W E B S I T E SInvestor Carrot does one thing, onlinemarketing. Starting with your websites,helping you with SEO (Search EngineOptimization), Google & Facebook Ads, andother online marketing, they can help youget your phone ringing. Get their 90 dayaction plan to online marketing with CarrotWebsites at www.MAREI.org/IC

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WinVestor'sHosted by Brian & Michelle WinberryWednesday Mornings at 9 amLucky Brewgrill5401 Johnson Drive, Mission

1st SaturdaysHosted by Jim & Beth Kasper1st Saturday of the Month 9 amNetworking Coffee / Denny's9001 Shawnee Mission Pkwy, Mission

Landlords of Johnson CountyFirst Wednesday of the MonthMatt Ross Community Center8101 Marty, Overland Park, KS

Cass County Landlords3rd Tuesday of the MonthCarnegie Village103 Bernard Drive, Belton

Landlord Inc of KCK3rd Tuesday of the MonthLoan Star Steak House1501 Village West, KCK

Blue Springs Real Estate Investors3rd Thursday of the MonthPerkins 3939 S Bolger, Rd, Independence

Landlords Inc.

4th Tuesday of the MonthCentral United Methodist Church5144 Oak Street, KCMO

Landlords of EJC4th Thursday of the MonthAllen's Banquet Hall11330 E Truman RdIndependence, MO

Jackson County Real Estate InvestorsLast Wednesday of the Month4 West Monroe StreetBuckner, Missouri

Join us Tuesday February14th when we welcome TomZeeb to share his business blueprint to make money without money in real estate. Meeting start at 6pmwith Networking and Presentation starts at 7pm. andshould run till about 9:pm. As always members and firsttime guests can pre-register to attend for FREE - all others areasked to join, pre-register for $15 or pay $25 at the door. Location: Holiday Inn at 8787 Reeder Road in Overland Park.

Meeting after meeting runs till about 11 pm.

Bring your Valentine!

MEETINGFROM OTHER GROUPS >

Join us in March when we welcome AttornyJulie Anderson to learn best practices whendealing with tenants to finding them,

screening them, complaying with fairhousing, manage them and evicting themwhen it does not work out.

Julie will be our speaker at our Tuesdaymeeting and joining us for a SaturdayWorkshop.

Registration at www.MAREI.org

TENANT BEST PRACTICES

MARE I .ORG /CA L ENDAR

THE CALENDAR

See full day workshop

page 5

MARCH

" I came to the speed networking event and it was honestly eye opening and life changing. I mademultiple connections for my Investor remodeling company as well as my investing goals. .”"

RAPID CASHGENERATORBLUEPRINT

WORKSHOP RAPID CASH GENERATORMASTER CLASS

There are 5 elements that drive a successful real estate investing business. Join us on Saturdayto Master Marketing, Learn to Seal the Deal, Learn Where to get Comps, How to Figure YourOffer, and Get the Paperwork Right. If you want to be your own boss and learn to be successfulright away in real estate, join Tom Zeeb on Saturday., Workshop starts at 9 am and runs tillabout 3:00 and includes lunch. Doors open at the Holiday Inn at 8787 Reeder Road in OverlandPark at 8:30 am. We tend to sell out on Saturday workshops, so please pre-register early.

Register at MAREI.org

MISSOURI LANDLORDS &SECURITY DEPOSITSSUPPORT MISSOURI HB 705 AND SB 234 TO REPEAL LAW THAT

REQUIRES YOU TO HOLD SECURITY DEPOSITS IN A TRUST

ACCOUNT


Current Law in Missouri Accordingto Section 535.300.1

All security deposits shall be heldby the landlord for the tenant, whois a party to the rental agreement,in a bank, credit union, ordepository institution which isinsured by an agency of the federalgovernment.Security deposits shallnot be commingled with otherfunds of the landlord. All securitydeposits shall be held in a trustestablished by the landlord anddeposited in a bank, credit union,or depository institution account inthe name of the trustee.

To resolve this vague and almostuneforcable law, Senator DougLibla has proposed SB234 andRepresentative Gary Cross hasproposed HB705 that would repealthis particular section of the law.

The Senate had a hearing onSB234 on Tuesday January 31stand MAREI Member & MissouriLandlord, Steve Vogel went toJefferson City to testify on yourbehalf and to represent theMissouri Landlords. At thismeeting Senator Libla who hadintroduced the bill in Senantetestified on behalf of the bill. Steve presented the rough costswe had found with complying withthe law that seemed to gatherattention by those at the hearing.

The hearing for HB705 will be inJefferson City on TuesdayFebruary 7th at 4pm in Jefferson

City. We are asking all landlordsin the state of Missouri, whowould be able to be in JeffersonCity on Tuesday February 7th by3pm for a premeeting in GaryCross’s office and the hearing at4pm.

For those that cannot make it toJefferson City at 4pm nextTuesday, we ask that you takeaction, right now, today and reachout to your own Senator andRepresentative via phone and / orfax to let them know your ownopinion on these two bills.

Visit MissouriPOA.org for moredetails of the current law and theproposed bills to change the laws.

Also find links to reach out to yourown representatives as well asinformation on how one wouldtestify at the hearing and bestpractices for writing to yourlegislator.

Take Action and #DOSOMETHING

1. Testify on the 7th in JeffersnCity at 5pm. Contact Steve Vogelto Coordinate at 816-210-03572. Fax or Email your Legislator,utilize links at MissouriPOA.org formore information.3. Join us on our Meetup Groupathttps://www.meetup.com/Missouri-Landlords/

4. Join our discussion onFacebookat https://www.facebook.com/groups/1658703507747377/

Were You Awareof Section 535.300.1

Do you keep tenantsecurity deposits in a

trust account?

We want to know, pleasevisit our discussion onour Facebook GroupMissouri Landlords

https://www.facebook.com/groups/1658703507747377/

Tom Zeeb on PartnershipsAre two better than one? Is there strength in numbers?

Should you do partnerships with other investors?

The answer is: “it depends”.

There are a lot of criteria to evaluate when considering if

you should take on a partner in your business.

In my experience and from my observations, partnerships of

inexperienced investors tend to feel good for those

partnering up, but don't succeed because there is no real

balance of skills and knowledge. And there are quite often

very different objectives as well that make the two parties

incompatible as long term business partners.

Inexperienced potential partners feel good together

because both investors are struggling and afraid to get

started. Therefore they feel comfortable with each other

because they are in the same boat.

However, two struggling people with no experience do not

bring much to the table. It is a partnership without any true

benefit to either party other than having someone to share

the ride with.

Intermediate to advanced investors also need to be

cautious about partnerships.

Once someone has done a few deals, they develop their

own style and method for doing business. This may clash

with another investor, especially as entrepreneurs tend to

be very independent minded and strong willed.

In the case of both the beginner and advanced investor, it is

important to be sure that both sides see eye-to-eye on what

their personal financial and business goals are.

For example, if one partner is younger and broke and wants

to wholesale everything for quick cash and the other

partner is older and more interested in cash flow and

appreciation and wants to buy and hold everything, then

the partnership is going to have trouble.

The same would be true if the partners had very different

risk tolerances. If one partner wants to renovate everything

for the “big bucks” but the other partner is scared of the

time and money involved and just wants to wholesale for

quick cash, then the partnership will have trouble.

At the end of the day, it is wise to remember that there is

only one captain on a ship. It is a rare partnership that

doesn’t have any serious friction.

For those partnerships that do work, the partners have a

good understanding of each other’s personalities and of

their own strengths and weaknesses and well as their

partner’s strengths and weaknesses. They also share very

similar goals and expectations for what they want to get out

of the business partnership.

We often get asked who offers Mentoring

here at MAREI. Note that most local

memers will answer a question or two,

but if you want someone to hold your

hand and actually teach you something,

we highly recommend the guest speakers

who join us to teach Saturday workshops.

MAREI STAFF

Partnerships can be out of balance because of overlapping

strengths or both sides being weak in a certain area.

Double weakness = problems externally

Double strength = internal clashes

Do not underestimate this. Recognize where these overlaps

occur and work with your partner to ensure that you find a

way to account for the problems that can occur.

If you do find a good partner and decide to join up for long-

term business purposes, be sure you legally construct an

entity to protect yourselves from each other.

Have an attorney draft up an operating agreement that

clearly states what happens if the partnership dissolves.

Decide on the details of how you would split up front when

you are still on friendly terms. Trying to do that once the

relationship has soured is not easy or pleasant.

If you are just partnering up on an ad hoc basis for certain

deals, use a Joint Venture (JV) arrangement. In all cases

avoid the general partnership, as it provides no protection

and actually makes you liable for the other party’s actions.

The main questions to ask yourself when

considering a partnership are: Is your

partnership profitable? Do both sides bring

something to the table? Will two be better

than one?

PAGE11RE INVESTMENT NEWS

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