What happens to the sponsor-investor agreement after a refinance?

What happens to the sponsor-investor agreement after a refinance?

Flipper/Rehabber · MD · Member since 2019 · 58 posts · 7 votes

Do investors accept a, say, 3-5 year investment term, which ends in a refinance, where all their capital, preferred return, and appreciation split are paid back and the investor-sponsor partnership is terminated? If so, would this give the sponsor sole entitlement to the cash flows and appreciation after that? If not, how do sponsor-investor agreements typically work after a refinance (for the sponsor's purpose of holding on to the property) if the investors are paid out from the refinance?

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  • Rental Property Investor · RVA · Member since 2016 · 5k+ posts · 4k+ votes
    4y

    Totally depends on the deal. This is the type of thing that is decided beforehand. Most investors will want to keep their ownership on a refinance because they want the benefits of real estate investing just as much as sponsors!

    A refi doesn't change the agreement. The refi is subject to the agreement.

  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    4y

    It would be laid out in the Operating Agreement, typically I'd say the venture continues. Refinancing and repayment of capital is not grounds for winding down.

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