Skip to content

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
BPCON2026 Orlando

October 2 - 4 Early Bird tickets are now ON SALE. Purchase your tickets today and save $100!

Get tickets
BPCON2026 Orlando

October 2 - 4 Early Bird tickets are now ON SALE. Purchase your tickets today and save $100!

Get tickets
Followed Discussions Followed Categories Followed People Followed Locations
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 7 years ago on .

User Stats

71
Posts
45
Votes
Justin Woodworth
  • Madison WI
45
Votes |
71
Posts

Is this situation a Security or Partnership? Both? Neither? Help

Justin Woodworth
  • Madison WI
Posted

Hey BP'ers,

So I am currently reading Raising Private Capital by Matt Faircloth. It is a wonderful book and very helpful. I have a question that I have not had answered. 

Lets say I find a deal for a rental property but do not have the capital for the down payment on the house. This private lender is willing to give me the 20% down for the down payment of the home. We agree to split profits 50/50 (equity and cash flow). He finances, I manage. Does this turn the property into a security? SEC rules apply?

I only bring this up because I have been researching multiple avenues of getting deals done and I seem to be knee deep in the weeds. I recognize that definitions are important especially when it comes to legality of certain arrangements. 

Thanks for any input! 

  • Justin Woodworth