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Sell and Rent Back - FSA Regulation - a solution

Last post 07 Oct 2009, 11:11 AM by Property-Freedom. 117 replies.
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  •  08 Mar 2009, 12:56 PM 733903

    Sell and Rent Back - FSA Regulation - a solution

    Now that the FSA has announced it will regulate the Sell and Rent Back (SRB) industry on 1st July we, like many others, have been considering our options.

    Basically, the FSA will require you to become regulated if you advertise a rent back option, advise or negotiate a rent back service, or you buy a property and rent it back to the seller.

    Several enterprising people have suggested various creative solutions for “hiding” SRB transactions - like renting back to Mrs Smith after buying from Mr Smith. Whilst this might initially fly beneath the FSA radar, what if Mr/s Smith sees the FSA’s planned high profile SRB advertising campaigns, or becomes disgruntled at some later date and reports you to FSA? A fine or prison sentence is highly likely.

    Most investors that I have spoken to have already moved away from SRB - instead buying property with vacant possession. Remembering that, unless you become FSA Regulated, you cannot even advertise a rent back service... what do you do if you come across someone who is insistent that they be allowed to rent back?

    I can offer a solution, if anyone should be interested.

    If you have seen my posts on this forum over the last few years you will know that I take immense satisfaction in helping people who wish to sell their home quickly and remain living there by renting back. As a distinction apart from many other SRB operators, I think first of helping these people, and then how we can conduct the transaction in a manner that will sustain our business to allow us to help more people. This is why I have now committed my company to becoming FSA Regulated for SRB transactions from 1st July.

    For those of you who are unaware, my company is a commercial enterprise employing a full management team and staff, and it has been operating throughout mainland UK since 2002. We have expanded our operation, and now have all our ducks lined up in a row – we probably already satisfy FSA Regulations (no-one knows for sure, as FSA has not yet released their final draft).

    For those of you who haven’t read the FSA’s latest draft, I can tell you that the initial and ongoing compliance requirements are incredibly “intense”. Fortunately, because we already trade as a commercial enterprise with significant practical experience of the SRB industry, because we have just sourced significant funding, and because we have been in contact with the FSA and its advisors - we are confident that we will be successful in gaining regulation on 1st July.

    Anyway... I mentioned I have a “solution” to offer... With immediate effect, we are now able to take “leads” from any investor who has a client wishing to rent back. In return we will provide you with an online submission system with real-time finder’s case tracking, and a finder fee payable to you upon our successful completion. We are already geared up for thousands of leads per month and 100+ deals per month (we have, for the last couple of months, been testing our case tracking system with two major lead providers who have given us exclusive and semi-exclusive rights to their leads).

    Leads do not need to have been qualified or researched (they can be raw enquiries), but they do need to contain detailed information, and the enquirer agree to 75% of OMV (more info on our website below). Leads, for the first couple of months, must be located in England or Wales (we’ll be taking Scottish leads very soon), and we’ll happily take leads even if they’re not rent back cases.

    Also, coming soon, in readiness for FSA Regulation... we will be able to license you to advertise a “rent back” service when passing those leads to us. This should increase the number of enquiries you receive, and the number of finder fees you could potentially earn from us.

    If you’re interested in working with us as described above, please visit our online Finders system and register so that you can provide leads to us, and track your cases... finders.buyhouse.co.uk

    Wishing you well,
    Alan
    Buy House


    AlanO
    Ethical FSA Interim-Authorised team
    March Promotion: £2,500 finder fee for SRB and non-SRB leads
    Free FSA licensing solution for SRB finders
    finders.networkhousebuyers.co.uk
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  •  09 Mar 2009, 2:36 PM 734488 in reply to 733903

    Re: Sell and Rent Back - FSA Regulation - a solution

    Hi Alan,

    Cheers for the info,

    Here's a question for you or anyone who can answer that just sprung to my mind;

    With what you're offering in mind, could I still advertise the SARB on my leaflets and if the FSA chased me up regarding advertising this I can say i'm merely a middle man and will pass details on immediately to a FSA regulated company like yours?

    What you guys think?

     Jason

     

  •  09 Mar 2009, 3:40 PM 734538 in reply to 734488

    Re: Sell and Rent Back - FSA Regulation - a solution

    JasonPP:

    With what you're offering in mind, could I still advertise the SARB on my leaflets and if the FSA chased me up regarding advertising this I can say i'm merely a middle man and will pass details on immediately to a FSA regulated company like yours?

    Hi Jason.

    The FSA's advisor, to whom I spoke, made it clear that one will not be able to advertise SARB unless FSA Regulated - because of the implication that you are able to provide advice and a service.

    I do have a solution for this.  We will be licensing Lead Finders who have registered via our website (finders.buyhouse.co.uk) to advertise the SARB option as a "Nominated Representative of Buy House" (or some similar form of words - required on the advert) provided that you adhere to certain principles, and pass the leads to us for advice and fulfilment.

    Whilst writing, I am proud to announce that this solution is being provided as a joint venture between Paul Leavers (PJT Finance) and my own company (Buy House).   There were some enormous hurdles to jump to enable us to get to this stage of preparedness, not least the financial and manpower means to provide Compliance procedures, security of tenure to clients, and ongoing funding (all are FSA requirements).

    I hope this answers your question, Jason.

    Cheers,
    Alan


    AlanO
    Ethical FSA Interim-Authorised team
    March Promotion: £2,500 finder fee for SRB and non-SRB leads
    Free FSA licensing solution for SRB finders
    finders.networkhousebuyers.co.uk
  •  09 Mar 2009, 3:49 PM 734553 in reply to 734538

    Re: Sell and Rent Back - FSA Regulation - a solution

    Hi Alan,

    Good luck with this - I've just signed up.

    Very interested.

    Regards,


    David Beard
  •  09 Mar 2009, 4:28 PM 734578 in reply to 734553

    Re: Sell and Rent Back - FSA Regulation - a solution

    Thanks David.

    Yup, we've received your registration form.  More information will appear on our website during the next couple of days, as will the lead submission and case tracking sections.   You'll receive an email as each section is added.

    Paul and I have had to bust a gut to get this in place - as we couldn't stand the thought that distressed sellers would have no option but to become repossessed (obviously, in some cases, it may be the best or only option).   Also, Paul and I having been in the property business for a while, we've developed some great relationships with our fellow investors, and we wanted to help keep them in business too.

    Cheers,
    Alan


    AlanO
    Ethical FSA Interim-Authorised team
    March Promotion: £2,500 finder fee for SRB and non-SRB leads
    Free FSA licensing solution for SRB finders
    finders.networkhousebuyers.co.uk
  •  09 Mar 2009, 9:09 PM 734776 in reply to 734578

    Re: Sell and Rent Back - FSA Regulation - a solution

    David and Paul - well done for coming up with a creative solution, just going off to register!
  •  09 Mar 2009, 9:11 PM 734778 in reply to 734776

    Re: Sell and Rent Back - FSA Regulation - a solution

    Sorry meant to say Alan and Paul!!
  •  10 Mar 2009, 7:59 AM 735017 in reply to 734538

    Re: Sell and Rent Back - FSA Regulation - a solution

    alano:

    Hi Jason.

    The FSA's advisor, to whom I spoke, made it clear that one will not be able to advertise SARB unless FSA Regulated - because of the implication that you are able to provide advice and a service.

    I do have a solution for this.  We will be licensing Lead Finders who have registered via our website (finders.buyhouse.co.uk) to advertise the SARB option as a "Nominated Representative of Buy House" (or some similar form of words - required on the advert) provided that you adhere to certain principles, and pass the leads to us for advice and fulfilment.

    Whilst writing, I am proud to announce that this solution is being provided as a joint venture between Paul Leavers (PJT Finance) and my own company (Buy House).   There were some enormous hurdles to jump to enable us to get to this stage of preparedness, not least the financial and manpower means to provide Compliance procedures, security of tenure to clients, and ongoing funding (all are FSA requirements).

    I hope this answers your question, Jason.

    Cheers,
    Alan

     Hi Alan,

    Thats great, i've registered, look forward to hearing from you,

    Jason

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