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Think Passive Real Estate Is Safe? Here Are 9 Hidden Risks That Could Cost You

Think Passive Real Estate Is Safe? Here Are 9 Hidden Risks That Could Cost You

You can’t eliminate all risk from investments. After all, the zombie apocalypse could strike tomorrow and probably wipe out your entire portfolio. But you can reduce risk, even among high-return investments. In fact, these are precisely the investments you want to minimize risk for—your Treasury bonds don’t need it. 

love real estate syndications as high-return investments. They’re completely passive: You don’t have to worry about financing or contractors, permits or inspectors, tenants or property managers. You don’t have to become a landlord, yet you still get all the benefits of real estate ownership, including cash flowappreciation, and tax advantages. 

If you find terms like “real estate syndication” or “private equity real estate” intimidating, don’t. They’re just group investments, where a professional investor takes on silent partners to help fund the deal. You effectively become a fractional owner in a large property like an apartment complex, mobile home park, or industrial or retail property. 

So which risks should you watch out for when screening potential investments? Here are nine to keep in mind.

1. Sponsor Risk

Before looking at specific investments, start by evaluating syndicators (also known as sponsors, general partners or GPs, and operators). 

An experienced, skilled sponsor who puts their investors first can find ways to salvage deals that go sideways. Inexperienced or loose-scrupled sponsors can find ways to mess up even good deals. 

While you should ask sponsors many questions, a few to start with include:

  • How many deals have you done in your career? How many of those were sponsored syndication deals? 
  • Of those, how many have gone full cycle? What kinds of returns have you delivered for your investors?
  • Have you ever lost investors’ money? Have you ever lost your own money on a deal? 
  • Have you ever done a capital call?
  • Tell me about some deals that went sideways on you and how you responded.
  • What’s your niche strategy, and why did you choose it? 

Do not invest with any investor that you don’t feel 100% confident in. If you don’t feel a “hell yes!” attitude about a sponsor, consider them a hard no. 

2. Debt Risk

Plenty of syndication deals have fallen apart over the last two years due to risky financing. Too many syndicators borrowed short-term or variable-interest loans, only to find themselves in trouble when interest rates shot upward. They ended up with weak or negative cash flowperhaps unable to refinance at today’s higher rates. 

When we vet deals in our Co-Investing Club, one of the first things we look at is the debt structure. We ask questions like:

  • What’s the loan term?
  • What’s the interest rate? Is it fixed or floating?
  • If it’s floating, is the sponsor buying a rate cap or rate swap or some other protection against rates rising further?

We turned down an investment last year that was financed with a two-year bridge loan. I’m not willing to gamble on interest rates and cap rates dropping within the next two years. 

Instead of that deal, we invested in a deal where the sponsor assumed a fixed 5.1% interest loan from the seller. Clinching the deal: It had nine years remaining on the term. 

I don’t know what the market will do in the next two years. But I’m pretty sure that at some point over the next nine years, there will be a good market for selling. 

3. Market Risk

Markets constantly change and evolve, driving upward or falling down. They rarely sit still. 

If cap rates rise, income property prices drop. That’s great for investing in new deals and bad for your existing real estate investments. 

Recession risk falls under the umbrella of market risk. In a recession, rent defaults rise, as do vacancy rates. Both hurt the net operating income of the property and, therefore, both its cash flow and its value. 

You can’t control cap rates or recessions. Markets move, sometimes in your favor and sometimes not. But you can invest conservatively in properties that cash flow extremely well, with long-term, low fixed-interest loans. 

As a final thought on market risk, all real estate investments are local. When people talk about “market risk,” they may worry about the macroeconomic market and broader economy. But what really matters to real estate investors is the local market: local cap rates, vacancy rates, and rents and expenses. That’s what impacts your real returns on that particular investment. 

Fortunately, you can invest passively from anywhere in the world, in any city in the country. I certainly do, from my current home base in Lima, Peru. 

4. Concentration Risk

don’t know what will happen in any given city or state or, for that matter, in any given asset class (multifamily, mobile homes, retail, industrial, etc.). That’s precisely why we go in on these deals together: to spread small amounts of money across many different properties, regions, and property types. 

I own an interest in around 2,500 units in two dozen properties in 15 states at last count. In most cases, I only have $5,000 to $10,000 invested in each property. 

That means I don’t need a crystal ball. I don’t have to predict (gamble?) on the next hot market or asset class. simply keep investing in different properties in different regions every single month as a form of dollar-cost averaging.

Because let’s face it: Any given local market could shoot up or drop unpredictably. You avoid that risk through diversificationspreading smaller eggs among many baskets.

5. Regulatory Risk

Local cities and states impose their own landlord-tenant regulations. Some are investor-friendly, and others tilt heavily toward protecting tenants at the expense of property owners. 

Properties subject to tenant-friendly regulations come with extra risk. It takes far longer to enforce lease contracts and evict defaulting or other renters in violation. I’ve seen evictions take 11 months in tenant-friendly jurisdictions!

In some markets, owners are forced to renew troublesome tenants even when their leases expire. They can’t non-renew lease agreements.

That doesn’t mean we never consider investments in anti-landlord markets. But we prefer nonresidential investments in those markets. For example, we’ve invested in a short-term cabin rental business in Southern California—in an unincorporated mountain town supported by tourism. There is zero risk of short-term rentals being banned or eviction nightmares when these cabins only support guest stays for up to a week. 

6. Cash Flow Risk

I touched earlier on the risk of local rents stalling or even dropping. That can pinch cash flow. 

Your cash flow can also get crunched from the other direction in the form of rising expenses. Look no further than the skyrocketing insurance premiums of the last two years or sharply higher labor costs. 

So, how does our investment club protect against cash flow risk? We look for deals with conservative projections, including low rent growth and high expense growth. If the numbers still work out, even assuming hard market conditions, you have some wiggle room if things go awry. 

7. Construction Risk

When syndicators plan to add value through renovations, they need a great team to actually swing those hammers and get the work done on budget and on schedule. 

Who’s doing the work? Is the construction team in-house or hired out? Either way, how many times has the sponsor worked with this team on prior deals? 

If it’s the sponsor’s first rodeo with this crew, watch out. 

8. Property Management Risk

The same principle applies to property management. Who’s going to manage the properties day to day? Whether the property management team is in-house or hired out, how many times has the sponsor worked with them before? 

Poor property management is a recurring theme in syndication deals that go south. Our investment club looks for deals with proven PM teams to reduce this risk.

9. Partner Risk

In larger syndication deals, you sometimes see a primary sponsor and several supporting sponsors. Make sure you understand who exactly will manage the assets, and focus your vetting on them. 

I’ve seen a deal where a supporting partner sponsor had a strong track recordbut they weren’t the lead sponsor or in charge of asset management. The lead sponsor bungled the deal, leaving others to clean up the mess. 

This brings us full circle back to sponsor risk and making sure you understand exactly who you’re entrusting your money with. 

Final Thoughts

If you account for these nine risks when you invest in passive real estate projects, you can slash your risk even while earning 15%-plus returns. You can also manage risk by investing in real estate debt instead of equity.

A few months ago, our Co-Investing Club invested in a rolling six-month note paying 10% interest, secured by a first-position lien under 50% loan-to-value. Property prices could go up or down, as could interest rates, and we’ll still feel secure. Granted, that’s not the 15%-plus plus annualized returns we typically aim for as a club. But the short, flexible term and incredible collateral leave us feeling confident about the risk. 

You’ll never nix risk entirely. But you can mitigate and manage it by finding those asymmetrical returns paying well with modest risk. 

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Note By BiggerPockets: These are opinions written by the author and do not necessarily represent the opinions of BiggerPockets.

Think Passive Real Estate Is Safe? Here Are 9 Hidden Risks That Could Cost You

Warning: These States and Cities Are Becoming Uninvestable Due to Politics

Taxes and regulations impact your bottom line as an investor—and not always in direct or obvious ways. Unfortunately, as soon as you start talking about either one, the average person closes their mind, circling the wagons around their existing worldview and only hearing data points that support it. Look no further than this Yale study, which shows that people perform worse on math problems if the correct answers conflict with their political ideology. 

I’ll get it out of the way now: I find both major political parties reprehensible and hypocritical. I’ve voted for each roughly equally over my life.

Now, let’s get back to real estate investing.

Taxes and Population Change

Population drives demand for real estate, and a shrinking population poses a major problem for real estate investors. Identifying population shifts, therefore, matters to real estate investors—a lot. 

There’s been a narrative over the last few years that more Americans have started voting with their feet and leaving higher-tax states in favor of lower-tax states. Is it true? 

I started by pulling raw data from the Census Bureau. I then mapped population change for all 50 states:

Investment analyst Ben Reynolds of SureDividend.com pointed out to BiggerPockets a few much-discussed examples: “Texas and Florida are two of the fastest-growing states by population. Not coincidentally, they offer a compelling mix of no state income tax and less cold climates compared to most other states.”

That raises the question of comparing population change to state taxes. Fortunately, that data is also readily available. 

Tax Burden by State

Every year, WalletHub ranks every state by its total tax burden, which includes state income taxes, property taxes, and sales and excise taxes. 

Surprising no one, New York took the top spot with the highest tax burden (12.02% of income for the average resident). New York also lost nearly 102,000 residents last year. 

That’s just one state, of course. Let’s look at states with a population loss last year: 

  • California
  • Hawaii
  • Illinois
  • Louisiana
  • New York
  • Oregon
  • Pennsylvania
  • West Virginia

How did they rank on tax burden?

The average tax burden ranking for these states is 14. In fact, only one of these states was ranked above the median of 25, and then just barely: Louisiana has a tax rank of 27. 

So yes, there is a clear correlation between tax burden and population change. And yes, I also hear all you skeptics out there objecting that “correlation does not indicate causation.” Go ahead and cling to that if it helps reinforce your existing worldview that taxes play no role in people’s decisions about where to live. 

I’m not saying taxes are the only or even the most important factor in where Americans move. Surveys about moving trends list many stated reasons for moving. But taxes appear to play a role in the calculations—especially for wealthier Americans. 

Higher-net worth individuals are most likely to move to states with low or no income tax,” said Alexandra Alvarado of the American Apartment Owners Association in a conversation with BiggerPockets. “It may not be the primary reason they are making the move in the first place, but it does influence which states they are moving to. Also, companies that are moving their headquarters to lower tax states also influence migration patterns, as their employees tend to move with them.”

And that says nothing of the state and local taxes you pay directly as a property investor—taxes that eat into your returns on investment. While you can’t avoid federal taxes, you can pick and choose the states and cities where you invest—and their respective tax policies.  

Anti-Landlord Regulation

People love to hate landlords. I’ve never understood this: The same activists who cry out in righteous fury that there’s not enough affordable rental housing are the very ones who rail against “greedy” landlords—the people who supply rental housing. 

In some cities and states, these activists have enacted regulations that heavily favor renters over landlords. Back when I used to buy properties directly, I operated in Baltimore, one of the most tenant-friendly jurisdictions in the country. It once took me 11 months to get a nonpaying “professional tenant” out of my rental property. 

In our group real estate investing club at SparkRental, we focus first and foremost on managing risk. Every month when we get together to vet a new investment, we look at risks like debt, construction, property management, and regulation. 

Regulatory risk matters. If it takes two months to remove a nonpaying tenant in one market and 10 months in another, it adds risk and cost to invest in the tenant-friendly market. 

Look no further than the pandemic-era eviction moratoriums. Tenant-friendly markets extended moratoriums long after the federal moratorium expired, making lease contracts one-way enforceable for years. Many renters lived for free for several years, letting their landlord pay the mortgage and maintain their home while they milked every moment of free rent. 

And now that the precedent has been set, these jurisdictions can play the same card again the next time a “crisis” arrives. 

Therefore, anti-landlord regulation adds risk to your investment. Hard stop. 

Do I Shun These Cities and States?

I’m no political crusader. I’ve invested in markets with high taxes and tenant-friendly regulations. But I’m more cautious when I do so because it adds expense and risk.

In particular, I try to avoid multifamily investments in areas with anti-landlord regulations. That doesn’t mean I avoid all real estate investments there, however. 

Take Southern California. Our passive real estate investing club got together a few months back to vet a property with 11 short-term rental cabins on it. The cabins were in an unincorporated mountain town 90 minutes outside of LA, which relies on tourism to survive. We felt extremely confident that there was no risk of short-term rentals being outlawed, and the cabins don’t allow long-term stays. 

Yes, California has tenant-friendly laws. But they don’t affect that property, and we felt comfortable making that investment together. 

Likewise, we consider industrial, retail, and storage properties in areas with anti-landlord regulations. We even consider mobile home parks with tenant-owned homes in these markets. 

Final Thoughts

But if I’m going to invest in a multifamily property in a high-tax, anti-landlord jurisdiction, I expect the deal to make up for it elsewhere with lower risk than usual. 

You invest however you like with your money. But when you evaluate risk, ignore these factors at your money’s peril.

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Note By BiggerPockets: These are opinions written by the author and do not necessarily represent the opinions of BiggerPockets.

6 ways to cover your kids’ college costs with real estate investment

6 ways to cover your kids’ college costs with real estate investment

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College has gotten shockingly expensive. Think $42,162 for the average private college tuition in the 2023-2024 school year. 

It’s enough for many parents and kids to rethink whether they even need a degree in today’s world.

But if you do want to help out with your kid’s tuition, real estate investments can help. Try these six creative strategies to lighten the load — and maybe serve double duty to help your retirement nest egg as well. 

1. Let tenants pay for tuition

Say you buy a rental property the year your child is born. To finance it, you take out a 15-year mortgage, which probably doesn’t leave you much cash flow in the first few years. But as long as it’s cash flow-positive, over time rising rents will pull away from your fixed mortgage payment, and you’ll start pocketing more money each year. 

After 15 years, your tenants will have paid off your mortgage entirely. You now own the property free and clear, with 15 years of appreciation to boost the value. You can sell the property, which may well cover all of your child’s education costs. 

Better yet, keep it and repeat the cycle all over again. Take out another mortgage, letting you pocket 75 percent to 85 percent of the property’s value (to cover tuition). Then let your renters pay down the mortgage all over again. 

Rinse and repeat as a source of retirement income for you and a tax-free inheritance for your child, since the cost basis resets upon your death. 

2. Multiply your portfolio with the BRRRR method

Imagine if you could recycle the same single down payment to buy property after property after property?

You can, but it takes some work on your part. 

The BRRRR method stands for buy, renovate, rent, refinance, repeat. Think of it like flipping houses to yourself: You buy a fixer-upper, renovate it, then refinance it with a long-term mortgage to keep as an income property. 

Here’s the trick: When you refinance, you pull out all of your initial investment, so you no longer have any cash tied up in the deal. You can do that because lenders use the after-repair value (ARV) when they calculate your allowed refinance amount. 

In this way, you can take the same $50,000 and build a portfolio of 10, 20, 30 rental properties. All cash flowing and appreciating between now and when Junior goes to college. 

It’s a way to pursue “infinite returns” by recycling the same capital into multiple investments. 

But it’s not the only way. 

3. Infinite returns on passive investments

On the plus side, you can repeat the BRRRR cycle once every three to six months. You could theoretically recycle the same down payment four times in a single year, to end the year with four rental properties with none of your own money tied up in them. 

On the other hand, it takes a lot of work to renovate properties. Just ask any house flipper, and they’ll tell you it’s more than a side hustle. 

I don’t have time for all that anymore as an entrepreneur, father and expat. I just want to invest passively and let my money multiply on its own. 

Fortunately, you can invest in passive real estate for the same strategy. It works like this: You invest in a real estate syndication, and they renovate the property. After a couple of years — during which they hopefully pay you cash flow — they refinance the property and return your capital to you. 

You keep your ownership interest in the property and keep collecting cash flow. Like the BRRRR strategy, you can recycle the same investment capital in multiple deals. Do this for a decade or two, and see how many streams of cash flow you can build up.

And no, you don’t need huge amounts of money to invest in real estate syndications. In our passive real estate investing club, we go in on new deals together each month, many of which pursue infinite returns. 

4. Flip houses with your teenager

If you like hands-on investing, consider going in on a deal with your college-bound teenager. 

Sure, you and they will earn some money together, which they can put toward tuition. If a flip pays you $50,000 in profit, that might cover two years’ tuition.

But just as importantly, they’ll learn valuable life skills. They’ll learn how to negotiate, how to invest with other people’s money and how to calculate returns.

They’ll learn how to hire and manage contractors and, ideally, swing a hammer alongside the contractors to learn home improvement. They’ll learn how to navigate permits and inspections and how to market and sell a property. The list goes on. 

Best of all, they’ll have a sense of ownership in having paid for their own education. Maybe they’ll actually show up for those 8 a.m. classes if they have to install tile all summer to afford them. 

5. House hack through your kids

Instead of paying for housing for your son or daughter, why not let their friends pay for it?

You probably understand the concept of house hacking, where the rent from housemates or neighboring units covers your mortgage. What you might not know is that you don’t have to live in the property yourself — your adult child can fulfill the owner occupancy requirement.

Some mortgage lenders refer to these as “kiddie condo” loans. You and your child buy a property together, both sign on the loan and both appear on the title. 

You get the owner-occupied loan with the low down payment and interest rate. But only your child has to live in the property. 

Picture this: You buy a four-bedroom house or even a small multifamily property. You rent out every bedroom at the going rate, and your child manages the property. You earn a healthy cash flow on the property each month, and your child gets to live there for free. 

When they graduate, you can decide whether to keep the property for ongoing rental income or sell it and reinvest elsewhere. 

6. Tap your Roth SDIRA

Roth IRAs are incredibly flexible since you’ve already paid taxes on them. You can withdraw contributions at any time, penalty-free. 

You can also withdraw earnings tax- and penalty-free before age 59.5 for qualified education expenses, including:

  • Tuition and fees
  • Books and supplies
  • Equipment needed for attendance
  • Special needs related to attendance

And with a self-directed IRA, you can invest in real estate.

That could mean buying an investment property, of course, or you can invest in passive real estate, such as a note, fund or real estate syndication. 

Get creative in combining strategies

There are endless ways to invest in real estate, often in combination.

Investments grow tax-free in a Roth IRA — which makes it a particularly great place to hold investments for infinite returns. 

Imagine that you combine seller financing with the BRRRR method so you don’t even have to put much of your own money in — or flip land or invest in mobile home parks or buy non-performing mortgage notes or wholesale properties. 

In fact, you can use the same real estate strategies to pay for your kids’ college education as you use to retire early. Get creative, find one or two perfect strategies that you want to master, and then work them until tuition troubles are a distant memory. 

G. Brian Davis is a real estate geek and co-founder of SparkRental.

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How to combine short, medium and long-term real estate investments

How to combine short, medium and long-term real estate investments

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Not all real estate investments require a long-term commitment. I combine short-, medium- and long-term real estate investments to spread out risk and returns. 

Contrary to popular belief, private equity real estate investments actually increase the average portfolio’s risk-adjusted returns. Soren Godbersen of EquityMultiple breaks down the data on how real estate raises returns within the average investment portfolio while reducing risk. 

If you can leave your long-term investments untouched, that is. This is precisely why you need to balance your portfolio with shorter-term investments. 

Try the following ideas to diversify your portfolio not just across geography and property types, but also across time. 

The purpose of short-term investments

I can’t predict the future any better than you can. A sudden crisis might strike, that requires cash — and lots of it. 

This is the reason people keep emergency funds. Many personal finance gurus recommend you keep six to 24 months’ living expenses in your emergency fund. 

That adds up to a massive sum to hold in cash, losing money to inflation each year. So while I do keep a month or two worth of expenses in cash that I can tap at a moment’s notice, I also keep some money in short-term investments. 

These range from flexible investments that I can withdraw (albeit with a delay) to term investments lasting less than one year. I also keep several unused credit cards that further shore up my emergency defenses. 

Short-term investments won’t make you rich. But they will protect you from financial catastrophe, as funds you can access when needed. 

My short-term real estate investments

You can always buy publicly traded REITs and sell them at any time. However, REITs are volatile, which makes them a better fit for buying and holding long-term to wait out short-term corrections. Worse, REITs are too closely correlated with the stock market at large, which defeats the purpose of diversifying into real estate.  

Instead, I hold short-term real estate investments in private notes, Groundfloor notes and Concreit’s fund. 

A promissory note or just “note” is the legal document signed when one party lends another money. You can sign a private note lending another person money, such as a real estate investor you know and trust. You negotiate the term, whether fixed (such as a six-month note) or flexible (which you can cancel at any time, with a certain amount of advance notice). 

I currently hold several notes with other investors, which pay me 10 percent interest like clockwork. 

Some companies borrow money in the form of notes. For example, I’ve lent money to Norada Real Estate, and to hard money lender Groundfloor. Groundfloor offers one-, three- and 12-month notes currently. 

As an alternative crowdfunding option for real estate debt, Concreit offers a pooled fund that owns hundreds of short-term loans. You can withdraw your money at any time, with a delay of two to four weeks. 

If a crisis hit me tomorrow that I couldn’t cover with my cash emergency fund, I can simply look over these other short-term investments to find the best one to raid for cash. 

The purpose of medium-term investments

I think of investments lasting one to three years as medium-term investments. 

Some cash flow well, while others plan to return my investment capital relatively quickly. If I get my money back in 18 months, I can either put it toward a major expense as needed (such as a new roof on my home) or reinvest it for a high velocity of money. 

In fact, I may be able to pursue infinite returns on them. Say I invest in a real estate syndication and the sponsor refinances the property, returning my initial investment back to me. But I keep my ownership interest in the property and keep collecting cash flow. In the meantime, I can reinvest the same funds again… and again… and again. 

Lastly, because you hold these investments for longer than one year, the IRS taxes any profits at the lower long-term capital gains tax rate. And you have plenty of options to defer or avoid taxes on real estate gains

My medium-term real estate investments

As touched on above, I invest in some medium-term real estate syndications. But even though I hope they return my capital within two or three years, I don’t have any control over them. I have to accept that I may not get my cash back in under three years. 

You do have a few crowdfunding options that let you sell in that medium timeframe. Ark7 and Lofty offer fractional ownership in single-family rentals, multifamily properties and Airbnb short-term rentals. Both feature secondary markets, where you can sell your shares after the initial holding period (typically one year). 

If you use Lofty, just beware that you get paid in a stablecoin cryptocurrency, which not every investor is comfortable with. 

Some companies and individual investors offer notes that mature in the one-to-three-year range. For example, 7e Investments offers a note that allows early redemption, although the full term is four years. 

The purpose of long-term real estate investments

Real property is a fundamentally illiquid asset. It costs a lot of money and time to buy or sell. 

This means that most real estate investments are long-term investments. 

Most of your investment portfolio should comprise long-term investments. Sure, you need some short-term investments to help buttress your emergency fund, and medium-term investments give you some extra flexibility and possibly velocity of money. 

But the beefy returns — the kind that lead to financial freedom — come from long-term investments. 

Bear in mind, too, that when you invest with a tax-sheltered account, you typically can’t touch the money anyway. So it doesn’t matter if you commit your money to an investment for four to seven years. 

My long-term real estate investments

Today, I mostly invest in private equity real estate for my long-term investments. 

I get all the benefits of owning real estate, from cash flow to appreciation to tax benefits, but I don’t have to become a landlord or mess around with contractors, renters, city inspectors, lenders or property managers. Good riddance. 

That doesn’t mean you shouldn’t invest in income properties directly. Countless investors buy and hold rental properties every year, and many earn strong returns. I just prefer to invest passively in real estate nowadays, as a busy entrepreneur, husband, father, and frequent international traveler.  

I sometimes invest in long-term real estate debt funds. But by and large, I prefer shorter-term debt investments. 

As an alternative, you buy fractional shares in rental properties through Arrived for $100. Like Ark7 and Lofty, you collect cash flow and the properties (hopefully) appreciate over time. However, Arrived doesn’t offer a secondary market for selling shares, so expect a five to seven-year holding period. 

Expected returns for different investment lengths

As a general rule, I accept 6.5 percent to 8 percent returns on my short-term investments and 8 percent to 10 percent returns on my medium-term investments. 

But on longer-term investments, I expect to earn a bare minimum of 10 percent, and preferably more. In our co-investing club, we meet every month to vet new deals together, and we aim for annualized returns of 15 percent to 25 percent. 

Those high returns don’t necessarily come with high risk (although they can). All investments come with risk, so the savvy investor looks for asymmetrical returns with relatively low risk and high returns. They’re out there, and when you have an entire community of investors reviewing deals together, you find them. 

Just as you diversify your portfolio to include different markets and types of properties, diversify across timelines. 

Whatever you do, don’t try to predict the market. It’s a fool’s errand and a loser’s game. 

G. Brian Davis is a real estate geek and co-founder of SparkRental.

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