Hi, I feel like I am expected to reply to this based on another recent post concening interest rates....
Some of us may be restricted by state usury laws on mortgages secured by residential properties. So, from that respect, the answer is 10% and no points, which is the limit in Missouri.
To circumvent these issues, a joint venture approach is necessary. I think each project is unique and any split between partners should be established by contributions.
I have been a party to many of these arrangements, on both sides of the ledger. I think it's human nature for one to feel as if they contirbuted more in effort, time, talents or money than the others involved, I have seen and been involved in deals where all have said that there was equity in the arrangement, but it was obvious that at times there were felling of inequities, especially by those contributing labor and/or securing the deal.
I guess that I have been guilty as well as the funding partner of saying in essence, "without me, you have no deal". But I have never demanded the lion's share as I realized that without them, I don't have a deal either. I think those funding such transactions are generally a little to proud of their contribution, IMO. So, with that in mind, I approached my participation on two fronts.
I was generally in a management position of the transaction.Specifically I usually had to draft documents, arrange financing at the end of the project if necessary, perform construction management and disbursement activities and arrange settlements. These are all functions that would be taken on by agebnts, title companies and even attorneys (since I was a party to the contract). I would arrive at a flat fee similar to what others would have been paid to accomplish the same or similar duties. In some transactions, such as commercial deals, my handholding was required over the term of the transaction, such as for three years. But what was asked here is for no longer than one year. Regardless of the term, the ongoing participation required was assessed. That's my sweat in the deal. I could write a book on this aspect, but I'll stop, you get the idea.
As to writing a check or signing my name, I required a fair rate, assessed by my risks (and frankly, few individual investors can accomplish that in a reasonable assessment) and then required an interest return over the cost of money tha reflect that risk. Rarely was it over ten per cent over the term and brought back as a per centage or expected percentage of the profits. At times it was structured as a loan to the JV and the balance if any was added to the approach mentioned above.
Some deals ended up being 20% to the money guy and 80% the other way, to some 50/50 deals. So to give a percentage of the take is rather impossible without knowing the deal and the risks involved. Hopee this helps you with your analysis Rich! Bill.