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Residential Real Estate Agent · Wichita, Kansas


I read a thread on here the other day about the Idea of group investing and selling shares in a property to raise the money to invest. does anyone nows if it is legal to solicate for investors. If you are a corporation it is illegal but what other ways can you structure your investment to make this happen. I think there is a huge market for group investors(people with bad credit or unable to come up with a down payment.) Let me know if you have done this or know of anyone that has as well as your opions.


Contractor · Philadelphia, Pennsylvania


Hi Greg,

I have been intersted in this approach for some time and I did post some questions on the subject earlier this week.

In Pa, where I am, I understand I may not solicit for people to invest. Also I saw very quickly in my casual conversations with folks on this issue, that most people who say they want to invest really do not understand investing at all. So sticking to SEC rules that define a qualified investor make sense.

We will be researching and setting up our prospectus/plan in the next few weeks to hopefully arrive at an investing pool that will meet all legal requirements. Its my goal to move with this plan by mid '09.

Happy to share what we learn on our end if you do the same.

Diane


· Loveland, CO


I'm not going to answer your question regarding the legality, structure or how to structure your deals. I'm just going to talk about doing ANY KIND of investing through a "group". IMO, most people that are successful at REI do not have the "mental make-up" that leads them to do ANYTHING in a group format.

Read some of the posts about bird dogs, who think they can make $15K fees on deals that are sub $100K. To me there are only two ways to invest, HANDS OFF-that's why a lot of my money is in mutual funds, and HANDS ON-which is the way I invest in RE.

When I say HANDS ON, I mean MY hands on. I've owned about 10 houses with others, 6 with out of towners who only put in 50% of the cash, never questioned my "take-out" (which was always pretty small) for the work that I did, and in the case of one investor they never minded flying in (schedule permitting) to help on bigger jobs, roofing, big kitchen projects, etc.

My in-town investros never worked out as well. Either they were not as gung ho about getting in and painting and cleaning on turnovers, or they wanted to save a couple of $$ by doing stupid/cheapie stuff to homes whose market niche required a better grade of whatever.

It may be that I'm a bit of a TYPE A personality because in the two (other than REI) businesses that I've had partners it has not been a great experience. But, like I said above, the most successful RE investors that I've met have been more like me, the less successful ones are more of the "let's get a group together and put on a play" type.

Everyone has to decide for themself if they're more like MikeOH and me, or more of a "big band" type. Look hard at your own personality type before going in with others.

Frank


Real Estate Investor · Wheat Ridge, Colorado


Yes its legal, even if you are a corporation. Corporations do it all the time. Well, not so much lately, but surely you remember all those IPOs that were done back in the internet boom.

There are lots of regulations around doing an IPO or a secondary offering. Both state and federal. Not something you would want to attempt without good legal help.

You can create a "syndication" on a smaller scale. I'm part of such a deal. The syndicator found a property (a mini-storage), created a company, got a bunch of us to buy "units" in the LLC, got a loan and bought the property. Its now operating, and pays out distributions occasionally. Whether it turns out to be a good investment or not remains to be seen.

The trick is that he did not solicit for funds. All of the investors are people he knows. He's built up a list of investors over time, based on a lot of personal contacts. He's done a number of this sort of deals. So, when he has a new one, he lets all of us know he has something coming.

Its perfectly legal to form an LLC and sell units in that LLC to anyone. The limitations come around advertising for investors. You will want to know and apply all the relevant state and federal regulations for such solicitations. Again, a good lawyer is what you want.

I disagree with this premise, though:

I think there is a huge market for group investors(people with bad credit or unable to come up with a down payment.)

People who are unable to come up with a down payment have nothing to contribute to such a deal. People with bad credit are unlikely participants. Folks with bad credit tend to not have much cash, either. Otherwise, they wouldn't have their credit troubles.

You're looking for people with money. People who will buy into your deal, and give you the money you need to make the investment. Real estate investing is about investing -- MONEY! Nothing else. All these other approaches -- birddogging, wholesaling, fix and flips, developing, etc., are legitimate businesses that involve real estate. But they aren't real estate investing.

Maybe I'm missing something. How do you see people with bad credit and no cash being able to contributed to a company?

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Residential Real Estate Agent · Wichita, Kansas


There are millions of people out there that want to invest in re. Thats why guru's make millions not investing but selling their idea on how to invest. They sell them to people for hundreds of dollars. So why not spend a little bit more and actually own a piece of re. The deals I have been looking at are relativly small with about $50k invested total on purchase and rehab. I would find 50 people to invest $1k. with some of the deals I have looked at I expect to be able to return about 15-20% on ones investment in about 6 months. I guess what I am saying is that people that dont have 20% to put down for their own deal could still be able to come up with $1000 for a group investment. Once a couple deals get done even if the return is 10-15% I think alot of people would be willing to invest in that kind of return in that time frame. The investors would not be making any decisions those would all be up to myself. As it would be to hard and time consuming to please the entire group. maybe im wrong........


Residential Real Estate Agent · Northern, Wisconsin


That sounds like alot of headaches for a little operating cash, especially considering the percentage you will pay out for it. Hard money may actually be cheaper if you can find it, considering the time spent dealing with people.

Another thought on it..I work with the public somewhat in my real job and there is no way in He@@ I would want to be beholden to 50 people for 1k each,

Don't want to be negative, I am just getting started and with so many deals available right now have also thought about partners/other ways to come up with more cash.

No brilliant ideas yet, other than to just plug along a deal at a time!


Real Estate Investor · Wheat Ridge, Colorado


Sounds like a huge pain in the butt, frankly. Fifty investors kicking in $1K each is fifty people to deal with. Even a 20% return is only $200. A hard money lender would only cost you about 10% of the loan amount for a fix and flip over a six month period. That's $5000 for a deal like you describe. If you can buy and rehab for $50K, you should be able to sell for around $72K. That would net you about a 7-10K profit with the hard money. If you pay out 20% to these 50 investors on their $50K investment, that's $5K out of your pocket. That's going to leave you with $5K, at best. Since you're a broker, I assume you would list yourself, and get that 3% (assuming no split, since you say broker, not agent.) That's another $2K or so.

With 50 investors, you'll need a rock solid operating agreement that covers every contingency like death, divorce, and marriage. With that many people involved, you'll run into every one of these.

Be careful not to guarantee any specific return. You'll quickly run afoul of securities law.

I just think you're thinking too small. It will be a big effort to round up 50 investors without doing some sort of public advertising. Dealing with all the legalities around a public offering with easily eat up all your profit on several deals. I'm sure their are people you know who could fund a $50K deal all by themselves. Many hard money lenders are just individuals who have money in CDs, bank accounts or IRAs and aren't happy with the returns. Finding one person who can fund such a deal with a straightforward 10% loan is almost certainly easier than finding 50 people to invest $1,000 each.

If you're really thinking of putting together a 50 person syndication, find 50 people to put in $50K each and buy a $5million apartment complex. Like Somerset at 2029 N Woodlawn St. Listed at $6.84M for 192 units. A little high at $35,625 per unit with average rents of $482. But if you could buy this for about $4 million, you'd have a very nice investment.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Residential Real Estate Agent · Wichita, Kansas


where is a good place to start looking for hard money? I assume you can advertise and disclose a rate. Thanks for all the advice!


Real Estate Investor · Wheat Ridge, Colorado


A REIA is your best bet. Unfortunately, the Kansas page shows only two in KC. Nevertheless, driving to KC and visiting one or both of these clubs would probably be worthwhile.

Look in your local paper and see if there are any ads of the form "money to lend for RE". Try to KC paper, too.

Call all the mortgage brokers in your area. Most will not know what you're talking about, but a few might.

Not sure about advertising. I sure would not say anything about the rate. Maybe just "Earn better than CD rates secured by real estate. Call xxx". Not a lawyer and not at all fluent in securities law. There are a could of guru courses on raising private money. Alan Cowgill for one. Don't know anything about him other than having heard his free pitch.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC




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