Skip to content

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Followed Discussions Followed Categories Followed People Followed Locations
Multi-Family and Apartment Investing
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

1
Posts
0
Votes
Jennifer Dorsey
0
Votes |
1
Posts

First multi-family purchase partnering with family

Jennifer Dorsey
Posted
Hi! I am looking to buy my first multi-family. I have a sister that would like to invest cash as a silent partner. My mother and I will be splitting the remainder. Do you have any advice on how to protect all three parties? Who’s name should be on the mortgage/deed. Was planning to quick claim to an LLC at closing but the LLC forum didn’t seem to highlight that idea. We have a meeting scheduled with our RE attorney. Any advice at all would be greatly appreciated.

Most Popular Reply

User Stats

583
Posts
919
Votes
Sam Grooms
  • Investor
  • Phoenix, AZ
919
Votes |
583
Posts
Sam Grooms
  • Investor
  • Phoenix, AZ
Replied

Hi @Jennifer Dorsey. Be careful having a "silent partner." If your sister lost her money, she could technically sue you as what she really invested in was a security. 

Instead, give her a small role to play in the business, which no longer makes it a security. The only other option would be to register it as an exemption to a security, but you'll likely pay $10K+ to a securities attorney to set it up this way. This is known as a syndication, and doesn't make much sense for 1 investor and 3 total partners. 

As for protecting all parties, I would form an LLC with the three of you. I recommend doing this before you find the property, but at a minimum I would do this between getting it under contract and closing on the property. This LLC will be on the mortgage/deed, with you three likely being guarantors on the mortgage. Doing a quit claim after closing just adds more complexity that you don't really need. Just set it up right originally.

Loading replies...