Hello dear people. Consultation please. Anyone who can help I would be happy. Case: I have investor A…
Original publication date on the United States Real Estate Forum on Facebook:
2018-12-28T20:26:15+0000
Hello dear people. ?
Please consult.
Those who can help will be happy.
case:
I have an investor A who purchased a flip property two months ago - transaction completed.
And I suggested to investor A. to bring in a partner to finance part of the project costs - after asking me to find out sources of financing.
Investor B is interested in entering into the transaction and financing part of the costs.
The business mix is that investors A and B will share in the profits of the clip after each sale, according to the percentage of its income from the overall cost of the project.
a few questions :
1. Do I need to open a joint LLC for them for the transaction? I will say that the property is currently privately owned by investor A.
2. Will investor B receive any percentage ownership of the property or will he only enter as a business partner who lends money to investor A?
I would be happy to discuss this issue.
Thanks in advance and Shabbat Shalom.
Moti Katz?
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liron azrieli
A really enriching discussion. How fun to get to know new ideas!
Moti Katz
This is exactly the goal of the team and why it is the best in Faisland.
A respectful and enriching discussion
Anyone who bothered to respond here.
You are amazing ??
Thank you very much
A great discussion that definitely opened the mind to a lot of details that are important for me to pay attention to.
And for the rest of the group
Bless you ????
Two main options, do not think there is a right here wrong. The first option LLC - opening a company, drafting a new operating agreement and transferring ownership, personally seems to me troublesome to a flip that is already running, maybe if there is an expectation of further joint activity then it is worthwhile.
A second option is a JV agreement (joint venture agreement) between the partners that defines the conduct and distribution, want to give him additional security, ask the investor to sign an addendum of a personal guarantee or even write him a note on the property for the amount (even though the agreement alone should be enough).
Personally in this situation, I would have chosen the second option
First of all not to recommend to the investor but to set him a fact, you lead the transaction.
Establish LLC for 2 investors, do QCD and transfer the property to the company ownership.
You make a sale policy between the first investor and the company, I can help you with that.
Transfer the property at the same price you bought and you will not have a tax event. After that, you will prepare an investment agreement for a company that defines the percentage between the partners and the share of each investment between them and the distribution of profits. Need help with me. Successfully
With every purchase of a property or a number of properties, it is better to have an LLC in order to make it easy for taxation, insurance and investor protection. It does not require that every investor be a member of the company, but it is mandatory and desirable to make a contract between the parties and this is between them according to percentages according to the amount of the investment of each of them
Keep in mind that moving to an LLC is defined as a U.S. sales event and can have tax consequences and other expenses that need to be considered…
Regardless, a house designed for Flip, I personally (and of course my opinion) would not do direct ownership because of the high exposure that could be to work accidents and claims.
So in Flip I would always combine another layer of protection in the form of an LLC
It's just a matter of tax.
In principle, you need to make an investment agreement between them, which includes the manner of distribution of profits, etc., responsibility, etc.
Why not make an agreement between them ... no more simple?
Thank you very much Yoni Kessous
Bracha Light
appreciate the help ?
Hey
Regarding the first question - the way in which the investor will have collateral he must be a partner in the property and therefore it is necessary and even desirable to open to Lessie.
Regarding the second question - since he is part of Helsi, he has a holding in the property, but everything can be defined in the company's regulations (LLC).
And, as Orna pointed out, there is a tax aspect here.
To the extent that 2 investors and partners in the trump card profits should open a joint llc with a management agreement describing the distribution of profits. Thus there is confidence to the investor in. To the extent that an investor in does not want anything to do with the investment but is a money partner who gives a loan you can make a loan agreement with him well drafted.
The llc joint opening has advantages that may be in the context of taxation of profits and also provide collateral to the investor.
What collateral do you intend to provide to an investor if the property is registered only in the name of the buyer?