Ask these questions before paying a service to form LLC's for you

Ask these questions before paying a service to form LLC's for you

Stuart UdisPro Member
Attorney · Philadelphia · Member since 2018 · 2k+ posts · 3k+ votes

These types of ads are becoming more and more prevalent and I cringe each time I see them. I believe novice investors who are looking to invest out of state are the target in many instances. Remember 99% of claims that will arise as a real estate owner will be landlord/tenant, premises liability or a payment/performance dispute. I am an advocate for owning investment real estate in an LLC but keep it simple. Before anyone tries to convince you to form an LLC in a state other than the state where the property is located or where you live, ask them to explain the fact pattern where the NV, WY or DE LLC will actually become relevant. I use these states because they are often pushed online. Selling impractical entities is becoming big business. Using this very add as an example:

1. Relevance of no state income tax if the proprty is located in a different state? You will be paying state income taxes in the state where property is located.

2. Good luck getting a loan or even a title commitment without an operating agreement

3. Under what circumstance will NV be the proper venue and choice of law for a dispute involving a property located in a state other than NV? Are you going to resolve your landlord/tenant dispute there? If someone slips and falls outside of your property will the lawsuit be filed in NV? If you stiff you contractor are they going to file their mechanics lien in NV?  Even if you aren't at fault and the GC fails to pay the sub contractor? I don't think so...

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Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
1y
Quote from @Stuart Udis:

These types of ads are becoming more and more prevalent and I cringe each time I see them. I believe novice investors who are looking to invest out of state are the target in many instances. Remember 99% of claims that will arise as a real estate owner will be landlord/tenant, premises liability or a payment/performance dispute. I am an advocate for owning investment real estate in an LLC but keep it simple. Before anyone tries to convince you to form an LLC in a state other than the state where the property is located or where you live, ask them to explain the fact pattern where the NV, WY or DE LLC will actually become relevant. I use these states because they are often pushed online. Selling impractical entities is becoming big business. Using this very add as an example:

1. Relevance of no state income tax if the proprty is located in a different state? You will be paying state income taxes in the state where property is located.

2. Good luck getting a loan or even a title commitment without an operating agreement

3. Under what circumstance will NV be the proper venue and choice of law for a dispute involving a property located in a state other than NV? Are you going to resolve your landlord/tenant dispute there? If someone slips and falls outside of your property will the lawsuit be filed in NV? If you stiff you contractor are they going to file their mechanics lien in NV?  Even if you aren't at fault and the GC fails to pay the sub contractor? I don't think so...


Besides that, the cost they charge people for this to me is absurd. Almost every state has step by step instructions and an online form to complete that takes less than 15 minutes to create a LLC and similar for a EIN. Yes you should get an attorney to draft an operating agreement for you but that should not be more than $250 as they are pretty off the shelf items. When I see people paying $5-$10k for some platinum asset protection I scratch my head.

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1y
    Quote from @Stuart Udis:

    These types of ads are becoming more and more prevalent and I cringe each time I see them. I believe novice investors who are looking to invest out of state are the target in many instances. Remember 99% of claims that will arise as a real estate owner will be landlord/tenant, premises liability or a payment/performance dispute. I am an advocate for owning investment real estate in an LLC but keep it simple. Before anyone tries to convince you to form an LLC in a state other than the state where the property is located or where you live, ask them to explain the fact pattern where the NV, WY or DE LLC will actually become relevant. I use these states because they are often pushed online. Selling impractical entities is becoming big business. Using this very add as an example:

    1. Relevance of no state income tax if the proprty is located in a different state? You will be paying state income taxes in the state where property is located.

    2. Good luck getting a loan or even a title commitment without an operating agreement

    3. Under what circumstance will NV be the proper venue and choice of law for a dispute involving a property located in a state other than NV? Are you going to resolve your landlord/tenant dispute there? If someone slips and falls outside of your property will the lawsuit be filed in NV? If you stiff you contractor are they going to file their mechanics lien in NV?  Even if you aren't at fault and the GC fails to pay the sub contractor? I don't think so...


    Besides that, the cost they charge people for this to me is absurd. Almost every state has step by step instructions and an online form to complete that takes less than 15 minutes to create a LLC and similar for a EIN. Yes you should get an attorney to draft an operating agreement for you but that should not be more than $250 as they are pretty off the shelf items. When I see people paying $5-$10k for some platinum asset protection I scratch my head.

    7e investments53 Reviews
  • Denise SuppleeBusiness Member
    Realtor · Willow Grove, PA · Member since 2017 · 984 posts · 643 votes
    1y

    Often, creating an LLC is fairly easy through state websites and the IRS EIN online. Many states offer speedy services for an additional fee but usually much less $$ than many of the services charge. There is a benefit in having a service that provides registered agent service. A registered agent is required in every state. The registered agent is responsible for receiving legal documents on behalf of the LLC. Using a service ensures provides protection in that you don't have to personally handle this responsibility.

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  • Accountant · Bryn Mawr, PA · Member since 2023 · 409 posts · 321 votes
    1y

    @Stuart Udis

    Thanks for preaching the truth but I still think that the people want this garbage.  The ads must be working or why would we see them consistently for so long.  

    We know that for a very small segment of the population certain asset protection vehicles can and do make sense.   

    For the folks on BP, your simple path to asset protection is a wonderful start.  

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