Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 5 years ago,

User Stats

83
Posts
15
Votes
Samuel S.
  • Rental Property Investor
  • Metro Detroit
15
Votes |
83
Posts

How to legally protect yourself in a partnershp

Samuel S.
  • Rental Property Investor
  • Metro Detroit
Posted

Hey BP Folks,

Was hoping to get some insight on the current situation I am in.

So I am looking to get an off market 20 property package under contract from an older landlord looking to get out of the business. 

I have found a hard money lender who is willing to partner with me on the deal, and come to the table with all the cash to purchase.  

We are still ironing out details, but as of now its looking like he will be loaning me half of the purchase price, we will split the profits 50/50 (after expense budgeting), and I will pay back the loan each month with a portion of my 50% profits.  He will own all the equity initially, but each month as I pay down the loan, I will "buy into" the equity.  So once my loan is paid off, we will be at a 50/50 split across the board on everything.

My question is, are there things I need to be doing to legally to protect myself in this scenario, if God forbid something goes south after the deal has closed? 

Of course I would do everything in my power to make this go as smoothly as possible, but I just want to make sure that I am covered as best as possible.  Would this be looked at as a syndication in a sense, since I am not coming to the table with any funds, although he would be loaning me funds? Or if we lost money, would I be liable because I set up the deal/partnership?  Since my partner would own all the equity initially, in theory would he be able to "kick me out of the company" if he wanted do?  In analyzing the best and worse case scenarios, I am  really just trying to understand my exposure in a deal like this.

Any general or specific advise would be greatly appreciated!!!

Loading replies...