Equity partnerships where only 1 person owns the property

Equity partnerships where only 1 person owns the property

New York City, NY · Member since 2016 · 470 posts · 348 votes

I'm wondering if anyone has any experience in some sort of partnership arrangement where multiple partners have equity stakes in the deal, but only 1 person owns the property.

For example, I'm thinking about buying a property to flip. I have some friends who want to take part as equity investors, so they can share in the profits. But I feel like if there are multiple owners of the property, financing will be a pain (because some of the other investors have bad credit, have high DTI, etc). So we basically want some sort of legal structure or legal arrangement where we can all profit from the flip as equity partners, but only the one person with the best credit actually makes the purchase and obtains the financing.

Does anyone have experience with this sort of arrangement? Much appreciated!

0Reply
29 views

6 Replies

Jump to latestLatest
  • Patti RobertsonBusiness Member
    Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
    9y

    @Eric P. - Are these partners putting cash in the deal?  Why not define them as 2nd and 3rd position lenders?  

  • New York City, NY · Member since 2016 · 470 posts · 348 votes
    9y

    Ah, @Patti Robertson, from my home town! The whole point is that this isn't a debt relationship - they're not lenders. They're equity partners with a split of the profits if it makes money and a split of the losses if it loses money. If I make them 2nd & 3rd position lenders, then they're debtors not my equity partners, right?

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    very common I do this as a business.. and have for years.. so many people get caught up in doing big fancy agreements.. when in fact the money partner should take title and simply give a one page agreement to the working partner.. simple easy and works.

  • Patti RobertsonBusiness Member
    Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
    9y

    @Jay Hinrichs - As long as this side agreement does not violate the terms of the mortgage the borrower puts in place. In most cases the loan will have to be made in same name as the property ownership is recorded in because the and wants the true owner liable for the note.  A side agreement that hides the true ownership to hide poor credit from the bank could be construed as bank fraud.  I'd just make sure everything is disclosed to the lender if I was the borrower.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Patti Robertson  I was assuming no debt   cash transaction... all my deals have NO DEBT we pay cash for everything... I don't want to be bothered with payments.

    Now that all said I have significant lines of credits and construction loans with banks.. but those are different on my fix and flip funding in 15 states NO DEBT all cash.

    So I was thinking this person was getting a cash partner not a loan.. but maybe I did not read his post thoroughly.    

  • Patti RobertsonBusiness Member
    Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
    9y

    @Jay Hinrichs - He said "I feel Iike if there are multiple owners of the property, financing will be a pain because some of the other investors have bad credit, high DTI ratio, etc."

    @Eric P. - I thought of another point.  The bank will require a copy of your operating agreement that shows ownership in order for you to close the loan.  This has to show true ownership.  You can't provide a fake document to the bank when you have a different "side equity agreement".  This would be considered loan fraud, and you'd be on the hook for it since you'd be the only one signing.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.