Deal Structure With Multiple Investors (Family Members)

Deal Structure With Multiple Investors (Family Members)

Long Beach, CA · Member since 2016 · 24 posts · 9 votes

Hello Everyone! 

Thank you in advance for all of the support and feedback that enables me to grow! 

Initially, when I started investing in RE everyone I approached with an intent to form a partnership with to spread/share risk and learn with was a bit timid.

I shared how I like to buy properties under market rent with deferred maintenance because I am able to do relatively light rehabs and raise rents to top market rent value. I explained how I was practicing this method on these smaller multi-family properties because I intend to do this same process with small commercial residential buildings because you can increase the property value by increasing the buildings operating income. Once they understood the goal they took interest and I have an opportunity to work with multiple family members who want to all go in on one deal and use my connections and systems while I manage it. 

We have agreed that because I will use my network and systems to source the deal, rehab, rent, and manage the property I will be putting less capital into the deal to acquire it. The investors will be hands-off and their major concern is monthly cash flow, tax benefits, and if we do decide to sell proceeds from the value add (5-year minimum holding time). 

The part I dont know is how to structure the deal? Is it common to do this type of split investing as a General Partner with limited partners or all as operating officers as an LLC? Is it common to split the cash flow equally based on how much everyone invested? I would greatly appreciate any feedback and comments on other important things I am unaware of when investing with multiple people.

You're the best, thank you again! 

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
5y

Based on your description of the deal, you need to engage an SEC attorney who can set up an appropriate structure. 

If anyone is investing "hands-off" and relying on you to generate a return, you have created a security and your activities fall under SEC laws.

Seek competent counsel.

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    5y

    Based on your description of the deal, you need to engage an SEC attorney who can set up an appropriate structure. 

    If anyone is investing "hands-off" and relying on you to generate a return, you have created a security and your activities fall under SEC laws.

    Seek competent counsel.

  • Long Beach, CA · Member since 2016 · 24 posts · 9 votes
    5y

    @Greg Scott I appreciate the response, I will seek proper counsel from an SEC attorney. 

  • Rick MartinPro Member
    Rental Property Investor · Redondo Beach, CA · Member since 2017 · 411 posts · 477 votes
    5y

    Hi @Justin Gomberg. I answered a very similar question on another chain. I hope that it helps

    https://www.biggerpockets.com/...

  • Long Beach, CA · Member since 2016 · 24 posts · 9 votes
    5y

    Hi @Rick Martin I greatly appreciate your input! That helps a tremendous amount. 

  • Real Estate Syndicator · Phoenix, AZ · Member since 2018 · 903 posts · 1k+ votes
    5y

    I second @Greg Scott, hands off means a security. Joint ventures can be done for smaller groups of partners(2-10), but each person needs "play a role" in the eyes of the SEC in order to not be classified as a security.

    You definitely want only 1-2 managers on the paperwork or LLC. Too many and signing closing docs, opening bank accounts or approving changes will be vary tedious. Splits can be done in accordance with work being put in and capital invested. Investing $50k for 5 years holds weight but so too does active management of the property for 5 years. Not having a fair split, will cause either poor management by the sponsors and/or dissatisfied investors or limited partners.

  • Casey WalkerPro Member
    Contractor · Member since 2019 · 51 posts · 21 votes
    5y

    In my limited experience, partnering or raising money from friends and family is tricky.  

    I have four properties and I borrowed money to help buy one of them, simple deal where they put in cash and receive interest only payments till I fix the property and refinance it at which point they get all of their investment back.  It worked well with an older friend, it did some lasting damage to the relationship with a family member even though we did exactly what we said we were going to do and the deal went amazing.  

    I will definitely not be doing it again with family and I am conflicted as to if I should borrow from friends or just wait and save my own cash.  I feel like I could grow faster if I made use of other peoples available cash and they could make more interest lending to me then the bank but after the hurt feelings from the family member I am hesitant to borrow from anyone other then a bank. 


    Thanks 

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