Ok, have a private investor, how do I structure deal?

Ok, have a private investor, how do I structure deal?

Real Estate Investor · Lake Forest, CA · Member since 2015 · 17 posts · 8 votes
I was recently approached by an acquaintance that is selling his out of state commercial property (in escrow now) and looking to lend some proceeds at 10-12% to someone like me looking to reposition either SFR or redevelop a SFR on high density zoning to MF property, rent out and sell as asset. My million dollar question: how do I structure a deal that gives the investor security (and his 10-12%) but allows me to capture net proceeds on the final sale? Assumptions: $600000 purchase price $150,000 Rehap cost $940,000 Projected ARV
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Linda WeygantPro Member
Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
11y

Perhaps you should look into having him be your private lender.  You would essentially negotiate a Promissory Note at his requested interest rate, secured by the house.  Talk to a lawyer about drawing up legally binding documents.  This gets him his guaranteed return and allows you to take everything that's left.

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  • Linda WeygantPro Member
    Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
    11y

    Perhaps you should look into having him be your private lender.  You would essentially negotiate a Promissory Note at his requested interest rate, secured by the house.  Talk to a lawyer about drawing up legally binding documents.  This gets him his guaranteed return and allows you to take everything that's left.

  • Rental Property Investor · Woodbridge, VA · Member since 2014 · 229 posts · 124 votes
    11y

    The problem with giving him a debt position is it has the potential to eat up most or all of your cash flow.

    Why not do a 50/50 partnership with him. If you find a good deal, you can both benefit from the upside.

  • Costa Mesa, CA · Member since 2012 · 146 posts · 55 votes
    11y

    I agree with the 50/50 partnership idea. Where will you be looking for this deal?

  • Lender · Bellevue WA & Orange County, CA · Member since 2013 · 2k+ posts · 1k+ votes
    11y

    Sounds like a great opportunity Jason, if you give him a first trust deed in real property you may be able to avoid security laws in the event things go south but no legal advice given.

    I just mention that because it sounds like hes going to be a passive investor relying on your best efforts to achieve 10-12% returns.

    Is this going to be a SFR (your assumptions + projections) ?

  • Real Estate Investor · Lake Forest, CA · Member since 2015 · 17 posts · 8 votes
    11y

    Doing some quick math, going with a 12% promissory note or forming a 50/50 LLC would net me nearly the same proceeds either way I go. Guess it comes down to exposure and liability, thanks for the tip @Albert Bui

    @Brooks Rembert has a good point, especially if ARV or contingency rehab costs change/increase while on the project. In this case I'd rather share the owner responsibility. However, I get the sense this guys is an active-investor, the type that wants his wife to pick out the carpet and paint colors (as she knows best) and the type of investor that could slow/delay a project down so he can approve all the materials/subs, etc, etc.

    You've all given me a lot more to think about, thanks for the feedback. 

  • Real Estate Investor · Lake Forest, CA · Member since 2015 · 17 posts · 8 votes
    11y

    @Clint Kreider I'm currently looking for a MFR to reprosition or SFR on a R-3 lot that can be developed to a MFR in the Sacramento area.

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