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All Forum Posts by: Amy Wan

Amy Wan has started 7 posts and replied 241 times.

Post: RE Attorney for reviewing a PPM for a Pvt Lending project

Amy WanPosted
  • Attorney
  • Los Angeles, CA
  • Posts 284
  • Votes 314

Echo what’s been said above, and will add that a real estate syndication attorney can probably tell you whether terms of the deal are standard or deviate from standard, but you’ll still need to run the actual financials and conduct DD yourself.

Post: Private Placement Memorandum Inquiry

Amy WanPosted
  • Attorney
  • Los Angeles, CA
  • Posts 284
  • Votes 314

@LaTara G. 506c offerings work well to advertise and bring in new investors generally, but not to any specific deal. If the thought is to do SEO or digital advertising to specific funding for a specific deal, you’re better off doing a 506b.

Post: time it takes for a PPM

Amy WanPosted
  • Attorney
  • Los Angeles, CA
  • Posts 284
  • Votes 314

the above replies are true for single asset syndications. for a fund PPM, to the extent you arent replicating a former fund, i also say it depends on the client. I've turned around docs from start to finish in as little as a week (including entity creation), and i have other projects where it takes a good half year to finish the docs because the client took one or two months to review for every turn of docs.

Post: Private Placement Memorandum Inquiry

Amy WanPosted
  • Attorney
  • Los Angeles, CA
  • Posts 284
  • Votes 314

@LaTara G.

Speaking as a securities attorney, other are right that it’s best to have relationships with investors already, but marketing strategies around a 506c are very different. Technically you can do almost anything that will get the word out—Twitter, Facebook ads, whatever. A word of caution though—I’ve seen clients spend a crazy amount of money on marketing with very little results. Having been in real estate crowdfunding since 2014 and represented the first 506c real estate deal, I would say that people rarely invest based off an ad; rather, they use 506c to reel in new interest folks, but those folks don’t usually convert or fund until several deals later.

Post: Don't buy a house, just buy a four-plex

Amy WanPosted
  • Attorney
  • Los Angeles, CA
  • Posts 284
  • Votes 314

@Albert Bui @Carlos Gonzalez Hi there, it depends on what exactly you're doing, but generally, if you and a business partner are actively contributing cash and significant, unique skills to a real estate project, it shouldnt be considered a security. But when you take on passive investors, it may or may not be a security, depending on several details.

Post: Introducing Bootstrap Legal

Amy WanPosted
  • Attorney
  • Los Angeles, CA
  • Posts 284
  • Votes 314

Bootstrap Legal

Real estate syndicators doing small transactions often cannot afford an attorney for proper legal documents--the transactional cost just doesn't make sense. Plus, just getting the legal documents takes a lot of time--and that's time you don't have when you have a property under contract with limited days to raise capital.

Bootstrap Legal aims to help syndicators on small transactions get their legal documents more affordably and efficiently. My name is Amy Wan, formerly a real estate crowdfunding and syndication attorney, who has created software that uses artificial intelligence to help real estate syndicators draft their legal fundraising documents.

What we aim to do

Our main goal is to provide faster, affordable, and better access to legal services to everyday people and small businesses. Our mission is to help real estate investors build their vision, grow their company, and achieve their dreams.

Bootstrap Legal provides users the ability to prepare their own legal fundraising documents. Your documents are delivered to your inbox within 48 hours after an attorney has reviewed them for suitability so that you can raise capital with confidence.

Benefits of working with Bootstrap Legal

Transaction Cost: $5,000 – $7,500

Process: Total transparency, the process is in your control

Payment: Instant and secure payments online

Speed: 48 Hours

Working with an attorney

Transaction Cost: $10,000 – $25,000

Process: No transparency

Payment: Wires and checks only

Speed: 2 to 4 weeks

Use our platform to save $5,000 to $15,000 while saving 2 to 4 weeks of time!

How do we do this?

By using artificial intelligence, we are able to teach a robot the different aspects of different types of real estate transactions. Essentially, we are teaching a robot to do my previous job as an attorney. Because we can do this more efficiently than a human, it drives down the cost for the consumer.

Check us out at https://bootstraplegal.com/, follow us @bootstraplegal on Instagram, Facebook, Twitter and LinkedIn.

Post: Reasons why syndication fails: stories

Amy WanPosted
  • Attorney
  • Los Angeles, CA
  • Posts 284
  • Votes 314

As an attorney on a lot of these deals, I've seen some weird stuff as well. Here goes:

1) Humans: No matter how perfect the deal is, the property is only a part of the equation. The sponsor/management team is so important--not just to save the deal, but to be rational, good business partners. I once saw a husband + wife + business partner team blow up because the husband passed away. The business partner, for whatever reason (some suspect she had an affair with the husband), went around to get all the investors to sue the wife. Doesn't even matter if its a family-family team--emotions can often defy rationality, and when that happens, things go sideways.

2) Undercapitalized & Poor leveraging strategy: They didn't raise enough. They couldnt get another loan. They didn't prepare for the possibility of a downturn. Don't be caught unprepared. Always prepare for the worst scenario.

3) Lack of experience: If its a beginning syndicator who isn't pulling together a team of more experienced folks or coaches or mentors, there's a higher risk of failure.

3) Lack of formality/Lack of Deal Structure: Handshake agreements or, my favorite, the "I pulled this template off Google and edited it myself". When there are no documents, there is no signed document to point to and say "you agreed to this" when an investor comes in the future demanding this or that. Similarly, I've seen some folks draft up their own stuff. Sometimes its not clear what the investment structure actually is (and it doesnt help if the sponsor is deceased), or they screwed up their structure and sponsor/investors are no longer economically aligned to perform.

Post: Reasons why syndication fails: stories

Amy WanPosted
  • Attorney
  • Los Angeles, CA
  • Posts 284
  • Votes 314
Originally posted by @Lane Kawaoka:

I bought a note where I was offered 9% cashflow and 50/50 split of the property. I found out the guy never paid the taxes and I had to take it over via deed in lieu. Should I asked around my peer group I would have heard that this guy did this all the time.

 Agreed on peer group. I think its always important to call around and ask about the sponsor and management.

Post: Reasons why syndication fails: stories

Amy WanPosted
  • Attorney
  • Los Angeles, CA
  • Posts 284
  • Votes 314
Originally posted by @David S.:

There was one that I was asked to participate in that went belly up and all investors lost their investment.  It was presented to me by a friend who had a relative who was purchasing an apartment complex in a small town with a military base.  The prospectus was top notch and I could see why some folks invested in it.  However, the reputation of the syndicator was questionable.  My friend bought a share and I did not.  The main syndicator used income from the investment to support his lifestyle, going as far as buying a Porsche with those funds.  My friend was giddy that he bought the Porsche.  I asked him why was he so proud of his relative using HIS funds to buy a Porsche.  When there was a downsizing at the base, there wasn't enough reserve funds to keep the property and it went to the bank, leaving every investor with a complete and total loss, including the relative of the syndicator. By the time it was foreclosed on, the syndicator had already moved on and started another business.

 Wow, that is straight up securities fraud. Total misappropriation of funds. Did anyone litigate?

Post: Accredited Investor - Advice to Newbie on Getting Deals

Amy WanPosted
  • Attorney
  • Los Angeles, CA
  • Posts 284
  • Votes 314

It sounds like you want to be an active sponsor, as opposed to a passive investor. If that's the case, you could consider identifying a larger project, and then doing a JV or syndication to help you on your capital constraints.