Rental Property 10.1 Capital

Frequently Asked Questions - Keyword: Rental Property Home | Contact IRS | About IRS | Site Map | Español | Help Advanced Search Search Tips IRS Resources Compliance & Enforcement Contact My Local Office e-file Forms and Publications Frequently Asked Questions News Taxpayer Advocacy Where To File Frequently Asked Tax Questions And Answers Keyword: Rental Property 10.1 Capital Gains, Losses/Sale of Home: Property (Basis, Sale of Home, etc.) I lived in a home as my principal residence for the first 2 of the last 5 years. For the last 3 years, the home was a rental property before selling it. Can I still avoid the capital gains tax and, if so, how should I deal with the depreciation I took while it was rented out? If, during the 5-year period ending on the date of sale, you owned the home for at least 2 years and lived in it as your main home for at least 2 years, you can exclude up to the maximum dollar limit. However, you cannot exclude the portion of the gain equal to depreciation allowed or allowable for periods after May 6, 1997. This gain is reported on Form 4797. If you can show by adequate records or other evidence that the depreciation allowed was less than the amount allowable, the amount you cannot exclude is the amount allowed. Refer to Publication 523 , Selling Your Home and Form 4797 (PDF), Sale of Business Property for specifics on calculating and reporting the amount of gain. References: Publication 523 , Selling Your Home Publication 527 , Residential Rental Property Publication 587 , Business Use of Your Home Form 4797 (PDF), Sale of Business Property 11.1 Sale or Trade of Business, Depreciation, Rentals: Depreciation & Recapture Can the entire acquisition cost of a computer that I purchased for my business be deducted as a business expense or do I have to use depreciation? The entire acquisition cost of a computer purchased for business use can be expensed under Code section 179 in the first year if qualified, or depreciated over a 5-year recovery period. Under section 179, you can elect to recover all or part of the cost of certain qualifying property, up to a dollar limit, by deducting it in the year you place the property in service. You can elect to expense the cost of qualifying property instead of recovering the cost by taking depreciation. To claim the expense in the first year, the property must be used more than 50% for business use, and meet the other requirements for expensing. One of those requirements is that the total cost of qualifying property you can deduct after you apply the dollar limit is limited to the taxable income from the active conduct of any trade or business during the year. Any cost not deductible in one year under section 179 because of the business income limit can be carried to the next year. For any taxable year beginning after 2002 and before 2006, a new law raised the aggregate cost that can be expensed under section 179 to $100,000 and also expanded the definition of Code section 179 property to include off-the-shelf computer software. See IRS site for Code Section 179 for the expanded definition. If you make a choice to depreciate the property you can claim in the placed-in service year of the property a special depreciation allowance for eligible property you acquired after September 10, 2001 and before January 1, 2005. The special depreciation is figured before you calculate your regular depreciation. To qualify for the special depreciation the property must: Be property that is depreciated generally under MACRS (Modified Accelerated Cost Recovery System) and that has a recovery period of 20 years or less. Property required to be depreciated under the straight-line method of the alternative depreciation system of MACRS generally is not eligible. Be property that is acquired by you after September 10, 2001 and before January 1, 2005. Be property that is placed in service by you before January 1, 2005. Be property the original use of which began with you after September 10, 2001. This means that the property is new property. For eligible property acquired after September 10, 2001, and before May 6, 2003, the special depreciation deduction is equal to 30% of the property's depreciable basis. For eligible property acquired after May 5, 2003 and before January 1, 2005, the special depreciation deduction is equal to 50% of the property's depreciable basis. If the property is acquired after May 5, 2003, but there was a written binding contract to acquire the property in effect before May 6, 2003, the property is not eligible for the 50% special depreciation. Also, if the property is acquired after May 5, 2003, but the original use of the property began before May 6, 2003, the property is not eligible for the 50% special depreciation. And, if you acquired the property before May 6, 2003, but placed the property in service after May 5, 2003, the property is not eligible for the 50% special depreciation. If the property is eligible for the 50% special depreciation deduction and you claim this 50% depreciation, you cannot claim the 30% special depreciation deduction for the property. However, you can elect to deduct the 30% (instead of 50%) special depreciation for property eligible for the 50% special depreciation deduction. These elections are made for an entire class of property (for example, 5-year property) instead of for each property. If your property is located within the New York Liberty Zone, there are different rules for special depreciation deduction. See Publication 946 , How to Depreciate Property for additional information on the special deduction. References: Publication 946 , How to Depreciate Property Publication 535 , Business Expenses We have incurred substantial repairs to our rental property: new roof, gutters, windows, furnace, and outside paint. What are the IRS rules concerning depreciation? Replacements of roof, rain gutters, windows, and furnace on a residential rental property are capital improvements to the structure because they materially add to the value of your property or substantially prolong its life. The items would be in the same class of property as the rental property to which they are attached. Since the property is residential rental property, the items are generally depreciated over a recovery period of 27.5 years using the straight line method of depreciation and a mid-month convention. Repairs, such as repainting the residential rental property, are currently deductible expenses. A repair keeps your property in good operating condition. It does not materially add to the value of your property or substantially prolong its life. Repainting your property inside or out, fixing gutters or floors, fixing leaks, plastering, and replacing broken windows are examples of repairs. If you make repairs as part of an extensive remodeling or restoration of your property, the whole job is an improvement. In that case, you should capitalize and depreciate the repair costs as the same class of property that you have restored or remodeled as discussed above. For more information, refer to Publication 527 , Residential Rental Property , and Publication 946 , How to Depreciate Property . References: Publication 527 , Residential Rental Property Publication 946 , How to Depreciate Property 11.2 Sale or Trade of Business, Depreciation, Rentals: Rental Expenses v Passive Activity Losses (PALs) I purchased a rental property last year. What closing costs can I deduct? The only deductible closing costs are those for interest, and deductible real estate taxes. Other settlement fees and closing costs for buying the property become additions to your basis in the property. These basis adjustments include: Abstract fees, Charges for installing utility services, Legal fees, Recording fees, Surveys, Transfer taxes, Title insurance, and Any amounts the seller owes that you agree to pay, such as back taxes or interest, recording or mortgage fees, charges for improvements or repairs, and sales commissions. Fees related to obtaining a loan are capital expenses and should be amortized over the life of the loan. For additional information, refer to Publication 527 , Residential Rental Property, Publication 17 , Your Individual Income Tax Guide , and Publication 535 , Business Expenses . References: Publication 527 , Residential Rental Property Publication 17 , Your Individual Income Tax Guide Publication 535 , Business Expenses Can you deduct Private Mortgage Insurance (PMI) premiums on rental property? If so, which line item on Schedule E? Yes. You can deduct Private Mortgage Insurance premium on line 9 of Form 1040, Schedule E (PDF), Supplemental Income and Loss . Write "PMI" on the dotted line. References: Publication 527 , Residential Rental Property Form 1040, Schedule E (PDF), Supplemental Income and Loss Form 1040, Schedule E Instructions , Supplemental Income and Loss 11.3 Sale or Trade of Business, Depreciation, Rentals: Personal Use of Business Property (Condo, Timeshare, etc.) I rent my home out for two weeks each year. Do I have to show the income on my return? You must first consider if you use your dwelling as a home. You are considered to use a dwelling as a home if you use it for personal purposes during the tax year for more than the greater of 14 days or 10% of the total days it is rented to others at a fair rental price. It is possible that you will use more than one dwelling unit as a home during the year. For example, if you live in your main home for 11 months and in your vacation home for 30 days, your home is a dwelling unit and your vacation home is also a dwelling unit, unless you rent your vacation home to others at a fair rental value for more than 300 days during the year. There is a special rule if you use a dwelling as a home and rent it for fewer than 15 days. In this case, do not report any of the rental income and do not deduct any expenses as rental expenses. If you itemize your deduction on Form 1040, Schedule A (PDF), Itemized Deductions , you may be able to deduct mortgage interest, property taxes, and any casualty losses. For additional information, refer to Tax Topic 415 , Renting Vacation Property/Renting to Relatives and Publication 527 , Residential Rental Property (including Rental of Vacation Homes) . References: Form 1040, Schedule A (PDF), Itemized Deductions Tax Topic 415 , Renting Vacation Property/Renting to Relatives Publication 527 , Residential Rental Property (Including Rental of Vacation Homes). I am renting a house to my son and daughter-in-law. Can I claim rental expenses? In general, if you receive income from the rental of a dwelling unit, such as a house, apartment, or duplex, there are certain expenses you may deduct. Besides knowing which expenses may be deductible, it is important to understand potential limitations on the amounts of rental expenses that may be deducted in a tax year. There are several types of limitations that may apply. Passive Activity losses : In general, you can deduct passive activity losses only from passive activity income (a limit on loss deductions). You carry any excess loss forward to the following year or years until used, or until deducted in the year you dispose of your entire interest in the activity in a fully taxable transaction. There are several exceptions that may apply to the passive activity limitations. Refer to Publication 527 , Residential Rental Property and Publication 925 , Passive Activity and At-Risk Rules . At risk rules: The at-risk rules limit your losses from most activities to your amount at risk in the activity. You treat any loss that is disallowed because of the at-risk limits as a deduction from the same activity in the next tax year. If your losses from an at-risk activity are allowed, they are subject to recapture in later years if your amount at risk is reduced below zero. Refer to Publication 925 , Passive Activity and At-Risk Rules. Not for profit activities: If you do not rent your property to make a profit, you can deduct your rental expenses only up to the amount of your rental income. Any rental expenses in excess of rental income cannot be carried forward to the next year. Refer to Publication 527 , Residential Rental Property and Publication 535 , Business Expenses . Rental of a dwelling unit: The tax treatment of rental income and expenses for a dwelling unit that you also use for personal purposes (renting to a relative may be considered personal use even if they are paying you rent) depends on whether you use it as a home. Refer to Publication 527 , Residential Rental Property . Expenses in connection with rental of a dwelling unit for less than 15 days per year . Refer to Publication 527 , Residential Rental Property . References: Publication 527 , Residential Rental Property Tax Topic 414 , Rental Income and Expenses Tax Topic 415 , Renting Vacation Property/Renting to Relatives 11.4 Sale or Trade of Business, Depreciation, Rentals: Sales, Trades, Exchanges What form(s) do we need to fill out to report the sale of rental property? The gain or loss on the sale of rental property is reported on Form 4797 (PDF), Sale of Business Property . Form 1040, Schedule D (PDF), Capital Gains and Losses , is often used in conjunction with Form 4797. For further information, refer to Publication 544 , Sales on Other Disposition of Assets, Publication 550 , Investment Income and Expense , the Instructions to Form 4797 (PDF), Sale of Business Property , and the Instructions to Form 1040, Schedule D, Capital Gain and Losses . References: Form 4797 (PDF), Sale of Business Property Form 4797 Instructions Publication 544 , Sales and Other Dispositions of Assets Publication 550 , Investment Income and Expense Form 1040 Schedule D (PDF), Capital Gains and Losses We are selling rental property and have never claimed depreciation. What do we do about this when we file our taxes? When reporting the sale of or computing gain or loss on rental property, you are required to make an adjustment to your basis for allowable depreciation regardless of whether the deduction was taken. For more information refer to Publication 544 , Sales or Other Dispositions of Assets , and the Form 4797 Instructions , Sales of Business Property . You can claim the depreciation not taken for the rental property in the years before the year of sale. How to do this depends on when you placed in service the rental property. If you placed in service the rental property before calendar year 2003, you may amend your income tax returns for the years before the year of the sale by using Form 1040X (PDF), Amended U.S. Individual Income Tax Return , to take the depreciation deductions for the rental property that should have been taken. Or, you may file a Form 3115 (PDF), Application for Change in Accounting Method , to claim the depreciation for the rental property that should have been taken for the years before the year of the sale. The Form 3115 must be timely filed for the same tax year in which you sell the rental property. If you placed in service the rental property after calendar year 2002 and you have unclaimed depreciation for two or more years before the year of sale, you must use Form 3115 (PDF), Application for Change in Accounting Method , to claim the depreciation for the rental property that should have been taken for the years before the year of the sale. The Form 3115 must be timely filed for the same tax year in which you sell the rental property. If you placed in service the rental property after calendar year 2002 and you have unclaimed depreciation for only the year immediately preceding the year of sale, you may amend your income tax return for that prior year by using Form 1040X (PDF), Amended U.S. Individual Income Tax Return , to take the depreciation deduction for the rental property that should have been taken. Or, you may file a Form 3115 (PDF), Application for Change in Accounting Method , to claim the depreciation for the rental property that should have been taken for the prior year. The Form 3115 must be timely filed for the same tax year in which you sell the rental property. References: Publication 544 , Sales or Other Dispositions of Assets Form 1040X (PDF), Amended U.S. Individual Income Tax Return Form 3115 (PDF), Application for Change in Accounting Method Form 3115 Instructions , Application for Accounting Method Form 4797 Instructions , Sales of Business Property Publication 527 , Residential Rental Property (including Vacation Homes) What forms do we file to report a loss on the sale of a rental property? The loss on the sale of rental property is reported on Form 4797 (PDF), (Sale of Business Property) as ordinary loss. References: Form 4797 (PDF), Sale of Business Property Publication 544 , Sales and Other Dispositions of Assets More Frequently Asked Tax Questions Accessibility | FirstGov.gov | Freedom of Information Act | Important Links | IRS Privacy Policy | U.S. Treasury

PROPERTY LISTINGS SERVICE LINES

CB Richard Ellis - Property Listings Search / Advanced Search -- -- Employee Login Careers Contact Us Submit Acquisition Criteria Site Map About CBRE CBRE Worldwide Please select a country... - - - - - - - - - - - - - - - CBRE WORLDWIDE - - - - - - - - - - - - - - - United States Abu Dhabi Argentina Asia Pacific Asset Management Australia Austria Beijing Belgium Botswana Brazil Bulgaria Canada Chile Czech Republic Denmark Dubai EMEA Region France Germany Greece Guangzhou Hong Kong Hungary Ikoma/CB Richard Ellis India Indonesia Ireland Israel Italy Japan Kenya Korea Latin America / Caribbean Mexico Namibia Netherlands New Zealand Nigeria Norway Panama Peru Philippines Poland Portugal Romania Russia Shanghai Singapore South Africa Spain Sweden Switzerland Taipei Thailand Turkey Uganda The United Arab Emirates United Kingdom Venezuela Vietnam Zimbabwe PROPERTY LISTINGS SERVICE LINES RESEARCH CENTER OUR OFFICES OUR PEOPLE CLIENT TOOLS ABOUT US INVESTOR RELATIONS Global Home : USA : Property Listings email web link Property Listings :: Properties for Lease :: Properties for Sale Property Listings Online Search for properties meeting your criteria more quickly, easily and conveniently than ever before. Select one of the options to the left and search our updated database. Many of our listings include Web sites, online brochures, virtual tours, photographs and maps. For additional property listing information, please visit our Local Office Web Pages . These pages include detailed information on local market conditions, featured properties and specific information on the services offered in that area. CB Richard Ellis' online property listings are powered by LoopNet . Click here to view information on office space requirements under 2,500 Sq. Ft. Last Modified:Friday, December 02, 2005 © 2005 CB Richard Ellis / Disclaimer / Terms of use / Privacy Policy

Property Search

REALTOR.com: Real estate listings & homes for sale Welcome, Visitor! Sign Up to: Save Searches Save Listings Sign Up Now! Already a member? Sign In Homebuying Tools Find a Lender Find a Mover Market Conditions Neighborhood Tour Real Estate 101 Buyers Sellers For REALTORS® Resource Center News REALTOR.org Search the Web Select a Top Search: Bad Credit Contractors Homeowner's Insurance Debt Consolidation Interior Design Mortgage Rates Loan Types Rates Points 30-yr fixed 5.74% 0.37 15-yr fixed 5.38% 0.28 ARM 3/1, 30Yrs 4.87% 0.26 Updated: 12/29/2005 12:05:52 PM Check Local Rates Search our national directory of mortgage brokers and lenders. Find a Home Over 2.5 million listings for sale! State/Province AB AK AL AR AZ BC CA CO CT DC DE FL GA GU HI IA ID IL IN KS KY LA MA MB MD ME MI MO MN MS MT NC ND NE NH NJ NM NV NY OH OK ON OR PA PR RI SC SD TN TX UT VI VT VA WA WI WV WY - OR - Minimum Price $0 $500 $1,000 $1,400 $2,000 $5,000 $10,000 $20,000 $30,000 $40,000 $45,000 $50,000 $55,000 $60,000 $70,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 $225,000 $250,000 $275,000 $300,000 $325,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 $850,000 $900,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 $2,250,000 $2,500,000 $2,750,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 $6,000,000 $8,000,000 $10,000,000 to Maximum Price $1,000 $1,400 $2,000 $5,000 $10,000 $20,000 $30,000 $40,000 $45,000 $50,000 $55,000 $60,000 $70,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 $225,000 $250,000 $275,000 $300,000 $325,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 $850,000 $900,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 $2,250,000 $2,500,000 $2,750,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 $6,000,000 $8,000,000 $10,000,000 no maximum Beds 1+ Beds 2+ Beds 3+ Beds 4+ Beds 5+ Beds Baths 1+ Baths 1.5+ Baths 2+ Baths 2.5+ Baths 3+ Baths 3.5+ Baths 4+ Baths More Search Options Map Search Hurricane Relief Find or offer immediately available temporary housing to assist Hurricane victims: HurricaneHousing.net Relief.WelcomeWagon.com -- Find a REALTOR State/Province Alabama Alaska Alberta Arizona Arkansas British Columbia California Colorado Connecticut Delaware District Of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Manitoba Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Ontario Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming From the National Association of REALTORS ® Join REALTORS® in supporting hurricane victims Why Use a REALTOR® With a GRI? Make the most of every moment with FamilyTime, an interactive DVD celebrating the family. Visit REALTOR® Magazine Online Read current NAR Press Releases For REALTORS ® REALTORS Relief Effort exceeds $5.2 million for Hurricane victims, donate now... Enter the Business Success Zone at REALTOR.org! Find out how REALTOR.com can help you secure more listings, sell homes for more and promote yourself and your brand NEW name for NAR member benefits offeringsthe REALTOR Benefits(sm) Program. Learn about the practical, everyday solutions for your professional and personal life! Reach new levels of success with NAR partner, The Pacific Institute! About the National Association of REALTORS ® Representing Home Owners State & Local Associations Real Estate Specialty Organizations Find an Appraiser Find a Commercial Property International Real Estate Search in popular metros: Atlanta | Austin | Boston | Chicago | Dallas | Denver | Houston | Las Vegas | Long Island | Los Angeles | Memphis | Miami | New York City | Orange County | Palm Beach | Phoenix | Sacramento | San Diego | Seattle Site Map | Corporate News & Info | Contact Us | Advertise With Us | Join our staff Terms of Use and PrivacyPolicy . 1995- NATIONAL ASSOCIATION OF REALTORS and Homestore, Inc. All rights reserved. Equal Housing Opportunity REALTOR.com is the official site of the National Association of REALTORS and is operated by Homestore, Inc. REALTOR -- A Registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS and subscribes to its strict Code of Ethics. Inquiries regarding the Code of Ethics should be directed to the board in which a REALTOR holds membership.

Real Estate Broker

California Department of Real Estate: Licensee Status Inquiries California Home DRE Home Contact Us What's new About DRE Careers at DRE DRE Records Consumers Escrow Violations eLicensing Examinees Licensees Subdivisions Real Estate Law Regulations Publications Forms FAQs Links Index Department of Real Estate My CA Licensee Status Inquiries indicates an item is in Portable Document Format (PDF). You will need Adobe Reader (or an Adobe Acrobat product) to view it. Click on the icon below to download a free copy of Adobe Reader. Click here for information about using Adobe Reader. You may check the status of real estate salesperson, broker, and corporate licensees online. However, before you do, please take a minute and review the information below on how to use the inquiry screen. Click here to check the status of a real estate salesperson, broker, or corporation. NOTE: The online status inquiry feature is a service for consumers. It is not intended for, nor capable of, automated database searches or sorts. If you desire such database files, please contact the Department for information on availability and costs. Using the Real Estate License Status Inquiry Screen If you enter a name (and, optionally, the city), click on the find button to advance to an index of licensees who satisfy your search criteria. The license identification number, name, license type and city as contained in the mailing address of record, are displayed in the index. This information is provided to help you select the license record you are seeking. If you click on the license I.D. number from the name index or if you use the license I.D. search from the first screen, you will migrate to the final screen that displays the public information available for that licensee such as the license expiration date, status, salesperson associates, office addresses and corporate affiliations. The information presented reflects the license records of the DRE at the time of your inquiry; however, it will not reflect pending updates which are being processed by the Department. Helpful Hints Mark the search page with a "bookmark" or "favorite" indicator so that you can initiate search requests from your own menu. Review the search tips above, especially when you receive a "no record" reply. Review the supplemental explanations of status and comment descriptions available on the public information page. Out-of-Date License Information If your license record reflects information which is no longer current (wrong address, employing broker, etc.), you can use the eLicensing online system to update your license record immediately. Or, you may notify the DRE using the appropriate change request form: Salesperson Change Application ( RE 214 ) Broker Change Application ( RE 204 ) Corporation Change Application ( RE 204A ) Prior to submitting your change application, please review Tips for a Smooth Licensing Transaction . Depending on the change being requested, the approximate processing time frame for paper applications is 4 to 6 weeks. Actions Against Unlicensed Persons The Department publishes monthly a list of names of persons and businesses which have been found to have been conducting real estate activities without a license. See Desist and Refrain Orders for Unlicensed Activities . Back to Top of Page Conditions of Use | Privacy Policy | Tech Problems 2003 State of California This page last modified on Friday, August 06, 2004

Buy Property

MONEY Magazine: Buying property with family or friends - Oct. 21, 2005 Web CNN/Money Home News Markets Technology Commentary Personal Finance Autos Real Estate Real Estate SAVE | EMAIL | PRINT | SUBSCRIBE TO MONEY | Buying property with family or friends Is it a blessing or a curse? The right due diligence makes all the difference. October 21, 2005: 4:10 PM EDT By Gerri Willis , MONEY Magazine Top things to know Are you ready? Lining up cash Picking a team The hunt Closing the deal For sellers only NEW YORK (MONEY Magazine) - John D. Rockefeller once said that "a friendship founded on business...is a good deal better than a business founded on friendship." He might have added: "Except in real estate." That's because some of the most successful real estate companies have started as alliances of friends and family. Orange County, Calif. megadeveloper the Irvine Company was created in the 19th century by James Irvine and his son. Donald Trump's dad Fred taught his Apprentice plenty about the family biz. Chicago real estate guru Sam Zell credits much of his success to his longtime partnership with his college pal, the late Robert Lurie. (Old John D.'s spawn didn't fare too badly either with a family venture in the 1930s called Rockefeller Center.) To be sure, if you're just starting a real estate project, you'll find it difficult to resist the temptation to bring in friends and family as partners and investors. After all, those are the people you know and probably trust the most. But how do you avoid the seemingly inevitable "Dallas"-style dramas? 1. Trust but verify Even if she's your sister or cousin, you should investigate a would-be partner's finances before doing business with her. Handy Web sites like Intelius.com and Public-records-now.com can help you unearth basic background info like tax liens or bankruptcy filings. Ask her to share a copy of her latest credit report. Talk to her former business associates. To avoid ill will, tell her from the get-go that you'll be prying -- and invite her to do the same with your background. If she balks, calmly explain that such precautions will only make for a stronger team, suggests Nicole McAllister of the University of Southern California's Lusk Center for Real Estate. "Remember, this is business." 2. Share a vision It's critical that you and your partners agree to common goals before you buy. Will you renovate that apartment house to a level that would make a Hyatt Regency manager blush? Or do you want to rent the property "as is"? Is the goal long-term cash flow or cashing out quickly? Many partnerships founder on these simple points. 3. Get it in writing Lawyers and their contracts can't prevent every calamity, but a written agreement -- think of it as a prenup before your partnership marriage -- can prevent headaches (and heartaches) for you and the family or friends who invest with you. At the very least, an operating agreement will force you to plan for the unexpected, including death, divorce or a change of mind. You must also spell out exactly what happens if one of your partners wants to sell. Establishing a contingency plan "gets everything on the table," says Philip Davis, a C.P.A. and principal at accounting firm Kauffman & Davis in Boston. "It's like going to a therapist." 4. Hire strangers Unbiased advice is essential for all involved. Brooklyn real estate broker Tammy Shaw knows plenty about the business, but she says she'd never have bought her brownstone with family without professionals at her side. "Build a team ahead of time -- an attorney, mortgage broker or banker, and contractor," she suggests. "They have to be people all of you feel comfortable with." 5. Be an open book Garry Klein, co-founder of real estate fund Highpoint Equities in Scarsdale, N.Y., knows both the hazards and huzzahs of working with friends and family. He started buying real estate nearly a decade ago with his buddy Jeff Gault; family members have been a big source of capital ever since. "The upside is that these people know you and know what you're about; they cut you more slack," he says. "The downside is these are people you're going to see at Thanksgiving dinner." Klein shares thorough, detailed investment results every six months. Ultimately, success depends on your own ability to find good deals and execute. Friends and family can make a newcomer feel more comfortable, but you'll need to adopt professional practices for your effort to really pay off. ____________________ Gerri Willis is host of CNN's Open House. Write her at real_assets@moneymail.com . For more articles on Real Estate, subscribe to MONEY Magazine . The Hot List Most profitable renovations How risky is your 401(k)? Big new tax credits for hybrid cars More Real Estate How to buy and build on rural land Most overvalued housing markets When booms go bust... contact us | magazine customer service | site map | glossary | RSS | press room OTHER NEWS: CNN | SI | Fortune | Business2.0 = Money subscribers = Premium content -- * - Time reflects local markets trading time. † - Intraday data is at least 15-minutes delayed. Disclaimer © 2005 Cable News Network LP, LLLP. A Time Warner Company ALL RIGHTS RESERVED. Terms under which this service is provided to you. privacy policy Reprints of site stories are available. Top Stories Most overvalued housing markets Risks to the economy in 2006 Which was the worst ad of all in 2005? After the ride, a rest Hilton brands reunite after 40 years YOUR E-MAIL ALERTS Follow the news that matters to you. Create your own alert to be notified on topics you're interested in. Or, visit Popular Alerts for suggestions. Manage alerts | What is this?