Forming a Partnership

Forming a Partnership

Real Estate Agent · Woburn, MA · Member since 2016 · 40 posts · 17 votes

I'm working on a deal that is a cash buy where I'm working with a partner. He happens to be my brother, but it isn't really too relevant to the story. 

I'm just curious how everyone structures their partnerships and what the thoughts are on my current arrangement.

Neither of us had 100% of the cash to do this deal, however he is bringing more to the table. After a brief discussion, I had thought that it's beneficial to at least pay a return on the money dished out first before splitting the profit, just as as we would have done if financed. 

Our agreement is a quick 5% paid on the cash put into the deal. Then we will split the remaining profit 50/50. We factored this into the structure of our deal.

The idea is that no one gets bitter that they have bigger risks, because the rewards are weighted. Plus we both get to benefit from a deal we couldn't have pulled off on our own.

The approach seems to be working for us, but what are your thoughts?

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  • Investor/Real Estate Agent · Santa Maria, CA · Member since 2015 · 19 posts · 3 votes
    10y
    I just did a deal with my wife's sister and I had a lawyer draw up a Tenancy in Common Agreement that works well. It allows us to make stipulations about the partnership and gives us the benefit of a 1031 exchange should we decide to move in that direction. Cost was around $500...Good luck!
  • Irving, TX · Member since 2016 · 140 posts · 19 votes
    10y

    I have a partner as well and as far as our discussion, most of the money that we will get will be going into the business and about 5% a piece for each of us will be profit till we start buying/managing apartments and condos then we will do the agreement differently so look at it as a process till things get better for the both of you.

  • Real Estate Agent · Woburn, MA · Member since 2016 · 40 posts · 17 votes
    10y

    I hadn't really thought of that @Danny Hutchinson

    Would it work better in the situation of a buy and hold, rental property? Since we are flipping, I am thinking that may leave one of us to pay all of the Capital Gains.

  • Investor/Real Estate Agent · Santa Maria, CA · Member since 2015 · 19 posts · 3 votes
    10y
    We also opened a joint checking account for those reasons and will pay all expenses, including taxes, out of it. The nice thing is that the agreement stays in place as we buy and sell properties so it's not just attached to your one flip. Check with your lawyer about the tax ramifications though.
  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    10y

    @Stephen Beaudoin, A hidden benefit of the tenants in common relationship talked about by @Danny Hutchinson is that at each sale of buy and hold property the tenants can either separate and do individual 1031s or they may stay together if they choose.  That provides a great exit strategy. 

    Since you're thinking of this as a flipping partnership you will not be able to do 1031 exchanges on those properties so entity and exit will be less relevant. Members of an LLC can receive payouts and profit sharing that is not proportionate with their respective interests. So if you wanted to equally share management and membership but disburse money (a spiff for cash input for instance) unequally you can do that.

    At some point you may decide to incorporate more of a longer term buy and hold model and then you'll want to pay very close attention to entity structure so you can enjoy the maximum benefit and exit options.  Most of our investors have two businesses at least - one for flipping and one for long term (1031) investing.

    The 1031 Investor5137 Reviews
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