Buy Land-Build-Sell Partnering Setup

Buy Land-Build-Sell Partnering Setup

Member since 2023 · 5 posts · 0 votes

Hi, I am new and have been scouring this forum and the internet for info on my build idea, haven’t found exactly what I’m looking for. Maybe someone has done a deal like this or just knows more fundamentals than me.

So what I want to do is buy a residential plot of land where houses are valued high (lots of areas on Cape Cod), build a ~1000sqft SFH, and sell, in a period of 6 months or so.

I would like to do this with two partners who are trusted acquaintances because in my mind we all fill a need.

1. Money Guy, can do a hard money loan  of maybe 270k to buy the land and fund the build with cash (I have some cash to throw in too), and then after we sell he gets his $ back plus a TBD % interest. He puts in money and not work.

2. Me, Hybrid Guy, I do side work [for Contractor Guy] as a carpenter but would not undertake a new construction as gc. I have 40k I can throw into the purchase with Money Guy’s money. And I can work under Contractor Guy building the house, like 20 hours a week. I put in some money and some work.

3. Contractor Guy, he is a good dude who works super clean and fast, and I like working on his jobs and learning from him. I guess in this type of deal he puts in little or no money and lots of work, and we split profit after selling the house and paying Money Guy? 

^This is where I have questions. I still have to pitch the idea to Contractor Guy and I want to make sure it’s clear and appealing.

Would it make sense to have MG pay CG through the project just like any other client’s project CG takes on, and then CG also gets a cut of the profit after sale? 50/50? Is that imbalanced?

I’m having trouble wrapping my mind around the risk levels and incentives and how it should shake out to be a good deal for everybody.

Any input is appreciated including “you sound a bit too dumb to do this, just don’t do it,” or “here’s a sample contract of exactly what you’re describing,” or anything you got. TIA.


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Lender · PA · Member since 2019 · 533 posts · 461 votes
3y

TJ Kuhn: I have found that having a general contractor participate in the partnership is unworkable. You are better off reaching a written contract with the contractor which contains a defined detailed scope of work. The contractor can make his profit by completing the construction. You can incentivize the contractor to complete the work quickly by having a bonus clause with a completion date. You and your money investor can work out the details of your partnership in your LLC operating agreement.

Ground up construction usually takes more than 6 months. If the contractor sets the bonus date you will have a better idea of his thinking on the length of the construction. Good luck and keep moving forward.   

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  • Henry ClarkPro Member
    Developer · Member since 2020 · 4k+ posts · 4k+ votes
    3y

    1. Would wrap in an LLC. That limits all three personally

    2. LLC operating agreement will document exit strategy and participation

    3.  Address life.  Death, divorce, bankruptcy, etc. in the operating agreement.  Make sure legally you can finish the project.  

    4.  Don’t know your contractor can survive not getting paid. If he goes with no pay then he gets a proportional share.  If you pay him like regular then he has no risk.  Thus he shouldn’t participate.  

    5.  Money guy needs to get paid above market level return.

    6.  If just you and money guy.  He is guaranteed a certain return.  Otherwise 50/50.

    7.  If all three of you and the contractor takes no pay, then you get a smaller portion. Say 1/5th.  Don’t think contractor will go for a split approach.  

    Recommend if the money guy can float then just the two of you participate. 

    Another approach which I don’t like as the money guy is for them to guarantee a loan for you with the property as collateral for the guarantee.  Basically a hard money loan.  

    Would only do this if you plan to do more.  

  • Architect · Bay area, CA · Member since 2020 · 25 posts · 26 votes
    3y

    6 months seems ambitious when you factor in permits and design as well, but maybe your market is different than mine here in CA. 

  • Member since 2023 · 5 posts · 0 votes
    3y

    Henry this is great stuff thank you. My research on LLC has begun. I will have to seek pro assistance with the appropriate exit strategies to include but I think we'll all agree the deal needs to be in writing from a lawyer, hopefully one that is willing to spell it all out for first timers.

    Maybe contractor takes a reduced rate for labor and it comes back to him at the end? 

    I’d like to keep it this team of 3 because of the trust factor, because of the funky arrangement with me helping, and because I have seen how quick and on it the contractor is. I had not thought much about the risk sharing aspect so i will ponder that.

    Is the logic of #7 basically ‘you’d be risking less than the other two and your cut should be accordingly smaller?’ Or is there more to it like where the 1/5th figure comes from?

    I am looking at this as an introductory project for me, yes, one that is bigger in size/$ than maybe I ought to take on but wanting to take advantage of my current location and network. Don’t know that we’d be starting an ongoing operation but I do think I’d be planting a seed with the experience.

  • Member since 2023 · 5 posts · 0 votes
    3y

    Thanks Nicola, yeah it might be, those are things I need to talk to the contractor about. Looking into predrawn designs. Trying to keep it basic. I will say we did a ~450 sq ft building recently and the actual build was 2 months, much simpler with no plumbing but I’m trying to project the pace onto this project. For all I know he might say it needs to be longer.

  • Member since 2023 · 5 posts · 0 votes
    3y
    Quote from @Account Closed:

    6 months seems ambitious when you factor in permits and design as well, but maybe your market is different than mine here in CA. 

    Uh oh, just saw you are an architect, you’re not gonna like that pre-drawn plan idea I’m guessing? 😬 
  • Lender · PA · Member since 2019 · 533 posts · 461 votes
    3y

    TJ Kuhn: I have found that having a general contractor participate in the partnership is unworkable. You are better off reaching a written contract with the contractor which contains a defined detailed scope of work. The contractor can make his profit by completing the construction. You can incentivize the contractor to complete the work quickly by having a bonus clause with a completion date. You and your money investor can work out the details of your partnership in your LLC operating agreement.

    Ground up construction usually takes more than 6 months. If the contractor sets the bonus date you will have a better idea of his thinking on the length of the construction. Good luck and keep moving forward.   

  • Architect · Bay area, CA · Member since 2020 · 25 posts · 26 votes
    3y
    Quote from @TJ Kuhn:
    Quote from @Account Closed:

    6 months seems ambitious when you factor in permits and design as well, but maybe your market is different than mine here in CA. 

    Uh oh, just saw you are an architect, you’re not gonna like that pre-drawn plan idea I’m guessing? 😬 
    😂
    You do you! Design is most of the fun for me. A good one will make the property worth more, but it does add months to the process. Where I live the majority of sites that are left require an architect due to the slopes, etc, but guessing that is not the case elsewhere. 

    Permit alone can take months though, i would check with your local AHJ and see what their processing times are coming in at.  The other thing that can hold up a start is coordinating with utility companies for hookups. 

  • Member since 2023 · 5 posts · 0 votes
    3y
    Quote from @Steven Goldman:

    TJ Kuhn: I have found that having a general contractor participate in the partnership is unworkable. You are better off reaching a written contract with the contractor which contains a defined detailed scope of work. The contractor can make his profit by completing the construction. You can incentivize the contractor to complete the work quickly by having a bonus clause with a completion date. You and your money investor can work out the details of your partnership in your LLC operating agreement.

    Ground up construction usually takes more than 6 months. If the contractor sets the bonus date you will have a better idea of his thinking on the length of the construction. Good luck and keep moving forward.   

    Thanks Steven,I like the bonus thing. Could you elaborate on what is unworkable about the partnering contractor?
  • Lender · PA · Member since 2019 · 533 posts · 461 votes
    3y

    Hi TJ: In a partnership everyone is bringing something to the table. The investor is bringing his money. The manager his time and organizational skills,  the contractor his construction expertise. You can divide the ownership up any way you like. However, most of the time  partners feel they should received equal shares. Because the contractor has control of the cost of construction he can find ways to reduce the end profit and increase his take during the construction process. This leads to dissension among the partners. If the contractor is really a partner he should not be charging anything over the actual cost of his labor and materials. That is a hard metric to measure and control.  

    Regarding a bonus for on time completion. If you establish an aggressive schedule you can agree to give the contractor a bonus at time of sale. You negotiate the bonus as a fraction of the net profit from sale or a stated amount. It is an item like any other that you can negotiate. Good luck.

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