Need Advice on Structuring a Partnership

Need Advice on Structuring a Partnership

Houston, TX · Member since 2015 · 4 posts · 0 votes

I'm a new investor looking to make my first buy-and-hold deal in the Houston area but I would not be eligible for a conventional mortgage to finance it. While I have excellent credit and plenty saved up for a down payment on what I'm looking for, I've been in and out of work and don't have two years worth of solid W-2s.

One of my plans for solving this is to find someone with exactly the opposite problem: someone who has great credit and work history but not enough saved up for a down payment. We could cosign a mortgage, I would make the full down payment and we would work out a profit split.

However, it feels like in this situation I would be taking almost all the risk since I would be the only one with initial equity. If (god forbid) a foreclosure was to occur, I would lose far more and this feels like it would give my partner inherently less motivation to make the property work for both of us.

My question is: are there any ways to mitigate this and institute repercussions for failure on both parties, legal or otherwise?

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Investor · Pearland, TX · Member since 2016 · 246 posts · 136 votes
9y
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  • Friendswood, TX · Member since 2015 · 119 posts · 75 votes
    9y
    Joel Ness send me a PM. I'm located in Friendswood and am looking for ways to acquire more rentals. I purchased a triplex in July, so I'm lacking down payment funds right now. I do have a good work history, ~8.5 years at current job as a mechanical engineer, and excellent credit. Let's talk and see if we can work something out!
  • Investor · Pearland, TX · Member since 2016 · 246 posts · 136 votes
    9y
  • Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    @Joel Ness if you just need a cosigner, then go and find a credit partner. They do not cause any risk because you do all the work.

    If you are actually looking for someone to help source or manage the deal, then you have more to think about. You might consider a graduated equity setup whereby they meet certain milestones or achievements and they are granted another xx% of equity. That rewards them for doing whatever was agreed and aligns them with your interestes.

    When you make your agreement, figure out how much each party is responsible. It doesn't matter who puts what in initially, it matters what you agreed to, documented, and implemented. That institutes whatever repercussions you agree to for failure.

  • Houston, TX · Member since 2015 · 4 posts · 0 votes
    9y

    @William E. and @Bryan O. thanks so much for that incredibly useful information!! Those forms will prove invaluable I'm sure moving forward with this. Bryan, the idea of a credit partner is a very interesting one... however, in order for me to not bear any of the risk, wouldn't that person need to be the one putting up the down payment? Apologies if I'm totally misunderstanding this concept. Otherwise, I was leaning more towards the latter option you mentioned, where the sweat equity would be split. The more I'm looking into this and learning about the horror stories, the more I realize how  important it is to get everything meticulously written out from the get-go. Now I think I just need to focus on exactly what those milestones would entail. Thanks again to both of you for pointing me in the right direction.

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