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Updated over 10 years ago,
Owner Refuses to Carry for LLC
I have a single member LLC, created to hold my investment properties. I'm trying to buy a property where the owner will carry the financing (they want the cash flow) but they are uncomfortable with me purchasing and holding title under the LLC. Their lawyer has supposedly advised against this as well. I don't know if he's a real estate lawyer, and have not gotten an explanation of their concerns.
I want to hold it in the LLC because I want the rental income etc flowing through that "business". But the liability is still mine since it is a pass-through.
They mentioned putting a due on sale clause in the docs in case I quit claim it but I also don't see them being savvy enough to check, and I'll likely refi into a renovation loan soon too so I could time that.
Does anyone have input as whether they are at risk, or advice on how I should respond?
Key words: Denver commercial owner carry