Starting LLC with others, Help!

Starting LLC with others, Help!

CA · Member since 2008 · 1 post · 0 votes

I'm wondering if anyone more experienced (specifically with California) could help me out. A few friends and I have recently been talking about investing in Real Estate. We've all been working for a few years and have the liquid capitol for downpayments. One of my friends suggested that if we form an LLC and pool our resources, we could buy more property, lower individual risk and get better returns. The idea is that we each put in $50-100k (we haven't reached an exact decision as to what the buy-in will be) and split profits evenly.

Here's where it gets fuzzy for me. We all have different credit scores and one of my friends has a pretty low one (mainly due to personal stupidity). Before this idea, she was planning to have her parents, who have great credit, cosign the loan for her to buy an investment rental home. On the other hand, a couple of us have pretty phenomenal credit and have prequalified for mortgages, but because of this idea, have been holding off on making bids on property.

As a newly formed LLC, would banks scrutinize all our credit histories?

Another option is for the ones of us with more liquid assets and better credit to put in more and own a bigger piece of the LLC and be the "senior" partners, ie make all the decisions. In this case, would banks be more inclined to ignore the fact that an investor doesn't have great credit? Would it be better to just ditch the one with the bad credit even though she can bring a significant investment to the table?

I'm completely new to the idea of LLC's and loans of that nature, so any advice would be great.

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  • Will BarnardPro Member
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    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    17y

    Banks will look at all credit scores that are involved but your business plan, ability to purchase good deals with low LTV ratio's and the fact that the other members have stellar credit will all be looked at and also taken into consideration.
    The idea of having a few "senior partners" with more share in the company can be done, so long as the other "non senior partner" agrees with the terms.
    Which ever way you choose to go, you MUST have an iron clad operating agreement written up by a competant attorney. Do not proceed with this method without one. YOur best advice on how to structure this is from your attorney, not from the opinions of others on an open forum, myself included.

    Good luck to you.
    By the way, grouping funds from a few individuals to create a larger purchasing power is a great startegy when used legally and properly, such as with an LLC and O agreement. You are able to avoid SEC violations this way.

  • Stockton · Member since 2009 · 73 posts · 3 votes
    17y

    I am currently in the same stage as you also. The only problem is I am the one with the credit blunder. What I learned when I got my SBA loan for my LLC to start a pizza business is that the bank wants to see all members who owns 25% or more of the company. Im not sure how it works, but maybe you can have that member with the credit issues to buy only 20% or less into the LLC. Later on when the LLC is successful, he/she can put in the extra money for the additional 5% if needed. Just note it in your operational agreement. Again, Im not an expert, just my 2 cents......

  • Lincoln, NE · Member since 2008 · 249 posts · 46 votes
    17y

    I was thinking of doing something like this with a few friends and the question about tax came up. Once the LLC is setup, the tax reporting is totally separate from the individuals, right?

  • Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    17y

    Tax is typically flow through to the individuals. A LLC is basically a partnership with corporate liabilty protection.

  • Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    17y

    I just read a book that covers investing as a group pretty well. In fact, the author recommends group investing for newbies, especially in commercial real estate.

    Commercial Real Estate for the Small Investor
    by Nicholas Masters

    http://www.biggerpockets.com/forums/79/topics/27136-commercial-real-estate-for-the-small-investor?highlight=

  • Stockton · Member since 2009 · 73 posts · 3 votes
    17y
    Originally posted by abhyler:
    I was thinking of doing something like this with a few friends and the question about tax came up. Once the LLC is setup, the tax reporting is totally separate from the individuals, right?


    You file business tax for your LLC, and then from there you get K-1 per partners for your individual tax. For us, my wife and I, we file taxes together and that how we do it.
  • Residential Lender · Elk Grove, CA · Member since 2009 · 32 posts · 0 votes
    17y

    It is tough right now to find financing straight into your LLC. In fact those that offer it usually will force you into a pretty crappy loan product (1 year arm or hard money terms).

    Banks/Lenders really don't like LLC's who are new and/or are a pool of investors.

    If you go into this loan with multiple people (outside the LLC) the bank is going to use the lowest (middle) score of the bunch. So the gal with poor credit will really bring your down. Credit is really important right now especially when doing an investment loan.

    The best think you can do for yourself if you cannot qualify on your own is choose to partner with folks with good credit and assets. Also I would caution you (no matter how good of friend you are) to go into business with someone who may not be responsible with their credit. I personally are don,t like to partner..expecially with friends! I like to control the deal and make the decisions and not have to worry about other personalities rolling over into my deal.

    Just my 2 cents!

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