Partnership, need your input

Partnership, need your input

Investor · San Marcos, CA · Member since 2017 · 2 posts · 0 votes

Hi folks.  I'm contemplating on partnering up with someone to setup and operate a care facility.  I would just like to get your thoughts on what's fair in this partnership scenario.  I have the house, partner has the skills and certificates in setting up and operating a facility.  So before we draft the agreements and head down to a lawyer, I'd like to run it by experienced folks in this forum.

My take is that partner provides the sweat equity, and I provide the real estate; ie, free use of the house as a facility, but ownership and major maintenance remains mine.  Or better yet, for the sake of corp's expense scheduling, partner gets a certain salary and I get an equal amount in rent.  And any remaining net is split 50/50.  Fair so far? 

Partner has not expressed any interest in owning a piece of my real estate, and I would not want it either.  Certainly, partner can do all this alone-- rent a house, and run it.  But partner does not have the financial capacity to commit to a lease especially as rents are being paid (with likely no tenants) while waiting for state licensing which can take 9 mos to a year.  Nor would it be easy to find a landlord that would be willing to have their house be used as a care facility.

So now, what about the setup?  I would probably need to add 1 more room in the house (interior, no sqft add), add/change doors, bathrooms, ramps, handle bars, etc. that I think can easily run me 10K or so.  Licensing setup fee can go about 3K if partner does the paper work instead of hiring "consultants".  Also, applying entity needs to show an operational fund in its bank account of about 25K.  The 25K, I can provide with the notion that it would be returned to me as soon as business is operational.  For the rest of the expenses, what's the best and fair way of delegating setup expense.  I know partner does not have much financially, but I think I would want partner to commit some responsibility aside from paperwork.

Thanks for reading.  Any input or concerns you provide is greatly appreciated.

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  • Patrick LiskaPro Member
    Investor · Verona, NJ · Member since 2014 · 1k+ posts · 832 votes
    9y

    Sounds like you have the bulk of the risk and your partner just brings his license to the table. I give it to you in finding a way to bring in a renter to your property and benefiting from that business, but you will be the one with all the costs. If i read this correct, the business will be paying you rent ( which will cover all your expenses) and then you split the profit from the business ? why not offer to bring him in as a renter( seperate business between you and him) and that business pays you ( the owner of the property) rent for using the space ? have in the agreement that you will charge a certain amount for rent but will discount it while the business gets started to what profit is made each month ( if it can't make full rent) then be able to be reimbursed for that back rent when the company starts to make more money.

  • Investor · Chandler, AZ · Member since 2015 · 409 posts · 214 votes
    9y

    I'm telling ya

    this is not a easy task

    you have to have all your licensing in place first, plus it has to conform to ADA, fire marshal, and city requirements

    you will need a twenty four hour live in caretaker that is licensed plus a RN that is licensed with a certificate for home health

    you should probably look into the requirements in your area before even considering the scenario

    I just went through this last year in AZ and I decided it was too much of a hassle even with my network at the hospital

    enjoy

  • Investor · San Marcos, CA · Member since 2017 · 2 posts · 0 votes
    9y

    Thanks for your replies.

    @Patrick Liska I understand that rental option.  I can easily rent the house as is with positive cash flow.  But I want to get into the care facility game without actually doing the work.  And here's an eager, skilled partner who can potentially make that happen.  I'm just trying to make sure I'm not spending too much on my end and at the same time, undoubtedly fair for the partner. I'm all for win-win situations.

    @Stanley Parsley This is exactly the reason why I'm looking into partnership.  Because it is just too much work for me and I know I can't handle it : )  I have researched the care facility business for a while now, both elderly and <60.  I have to many facilities, seen both good and bad.  I'm convinced, that if it is operated properly, that it can indeed provide me more than just the rent.  This partner has been administrator for many years, just never got a break to open one.

  • Patrick LiskaPro Member
    Investor · Verona, NJ · Member since 2014 · 1k+ posts · 832 votes
    9y

    Ben,

    That's exactly why I suggested what I did. Keep your property out of the partnership for the business, except for the agreement of the rent ( which is your contribution to the business), to get the business going.

  • Perth, Western Australia · Member since 2017 · 2 posts · 0 votes
    9y

    Partnership's and the finance commitments associated with this type of loan structure present short term gains, and long term restructuring difficulties. The question shouldn't necessarily be whether it's a good/bad; safe/risky; right/wrong; type move. It's more so about planning an evolution strategy. That is, if you enter into partnership under shared liability utilizing each individual’s respective assets, have an open planned discussion to separate the loan so that your financial future isn't dependent upon another's commitment to repayments.

    A few of these comments offer strong arguments surrounding accessing partnership loans without offering your property up as collateral, however, it's important to be realistic in that securing a business loan without leveraging the equity of your existing assets can make the proposition more challenging. Being said, you could argue that there are loans available with different rates, terms, and conditions that will release cash without leveraging one another's assets.

    Understanding the full picture is a must before approaching a bank. Long term, restructuring might be a necessity if things go sour, and the last thing you want it to be jeopardizing your financial future based on a rash decision being made out of impatience.

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