Profit sharing with the seller on a flip

Profit sharing with the seller on a flip

Investor · Taylorsville, UT · Member since 2015 · 2 posts · 0 votes

I have a question about profit sharing with the seller on a flip, specifically how to lock up the property.

I recently got a call from an owner of a single family home rental that came in from my direct mail marketing.  He said he had just had to evict his tenant and didn't want to be the landlord anymore and was ready to sell.  I met him at the property where he was seeing the place for the first time in five years.  Needless to say it was in pretty rough shape.  We were able to agree on a price that would make it possible to flip the property and then he offered something I wasn't expecting.  He said if I wanted to split the profits on the flip, he'd be willing to finance the repair costs.

Putting on my thinking cap trying to figure out how to save money not only on money costs for the rehab but also money costs for the purchase of the home, I asked him if he'd be willing to hold ownership of the home while we did the rehab which would allow me to save money by not having to get a hard money loan.  He said he'd be willing to do that.

My question is, how do I 'lock up' this property for the rehab and sale if I never actually purchase it?  Should I work with a real estate lawyer to draw up a profit sharing contract that spells out who will do what (maintain payments on the existing loan, pay utilities, manage the repairs of the house, etc.) and also how profits will be split?  Or should I buy the property subject to the existing financing and work it that way?  Is there some other way to do this I'm not thinking of?

My biggest concern is getting things in writing in some sort of a contract so he can't sell the place out from under me while I'm doing the rehab or once I'm done leaving me high and dry with no profit.  Granted he will be the one bankrolling the entire operation but I'll be out all of that time and work.

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Investor · Sherman Oaks, CA · Member since 2008 · 6k+ posts · 3k+ votes
9y

@Lee S. thanks for the mention.

What I like to do is a "JV with the seller", but I OWN THE PROPERTY first, get on title, create a single payment balloon note from seller to me, 4 months no payments (single payment).

I subtract 

- costs to resell (10% of FMV AFTER REHAB) including realtor, closing, and other costs)

- loan from private lender for rehab plus PLer interest of 10% for 4 months use

- 5% - 10% JV fee

$20K to you

@Carl Spear

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  • Rental Property Investor · Saint Cloud, WI · Member since 2016 · 186 posts · 63 votes
    9y

    Carl,

    Detail the specifics with the owner and have a real estate attorney draft the agreement.  It's your insurance policy.  I am certain the attorney will also advise you on a few things you may have overlooked with regards to the specifics.  -Shane

  • Northern, CA · Member since 2014 · 674 posts · 444 votes
    9y

    @Brian Gibbons I think can help with this one if he is still around here.  I don't know the exact details but I would go for it offered by a seller and I was short of cash.

  • Investor · Sherman Oaks, CA · Member since 2008 · 6k+ posts · 3k+ votes
    9y

    @Lee S. thanks for the mention.

    What I like to do is a "JV with the seller", but I OWN THE PROPERTY first, get on title, create a single payment balloon note from seller to me, 4 months no payments (single payment).

    I subtract 

    - costs to resell (10% of FMV AFTER REHAB) including realtor, closing, and other costs)

    - loan from private lender for rehab plus PLer interest of 10% for 4 months use

    - 5% - 10% JV fee

    $20K to you

    @Carl Spear

  • Investor · Taylorsville, UT · Member since 2015 · 2 posts · 0 votes
    9y

    Thanks everyone for the great information, this was just what I was looking for.  Hopefully this will help others too.

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