JV FLIP, TIC, TAXES, LOAN OPTIONS...whew!!!

JV FLIP, TIC, TAXES, LOAN OPTIONS...whew!!!

Developer · Philadelphia, PA · Member since 2013 · 1k+ posts · 902 votes

A fellow BP member and myself are going to partner on a flip, he's providing financing, I found the deal and will manage all aspects beginning to end. It's a 60/40 profit split, 60 to him.

Purchase price is $155k, repairs are $90k and ARV is $350k. It's a 6 br/1 bath, 1700 sq. ft. row home that is occupied but probably shouldn't be, it needs everything. We'll take it back to 4 br as the rooms are small and choppy, add a master bath and a half bath, add a roof deck, etc.

I did some research and it seems the best way to partner on the deal is to take title as tenants in common and draw up a joint venture agreement spelling out duties/obligations, profit split, and exits. Is there a better way or is this the recommended path? What happens at tax time? Obviously we'll both pay taxes on our portions of the profits at ordinary income levels, any other considerations?

Lastly, regarding financing options, we don't want to use hard money but can put 20% down to cover both purchase and repair costs, can we get a construction loan and take draws? Is there a commercial loan that may suit our needs better? We appreciate any help or insight, especially from @Aaron Mazzrillo

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Investor · Riverside, CA · Member since 2011 · 2k+ posts · 3k+ votes
12y
Originally posted by Troy Sheets:
I thought about trying for seller financing and that'd make life sooo much easier.

Since you intend to fix and flip, figure out what you would spend in hard money costs (points & interest), then offer the seller that much more in exchange for carrying a 12 month straight note (no interest or payments). Put enough down to cover all the agent's fees and the seller's escrow costs. I've successfully done this many times.

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    I'm confused. You said your partner is providing financing. Then you ask about financing options. If the partner is providing financing getting the money is 100% his problem. If you are (or the property is) involved in the financing at all then he's not really providing the financing.

  • Developer · Philadelphia, PA · Member since 2013 · 1k+ posts · 902 votes
    12y

    My partner will provide 20% down and qualify for the loan, that's what I mean by providing financing in this case. I'm purchasing my personal residence in the next few weeks and can't tie up any of my money or credit in this property until after I settle. I also don't have $50k for the down payment so without my partner there's no deal. Sorry that wasn't clear, thanks for weighing in John!

  • Investor · Riverside, CA · Member since 2011 · 2k+ posts · 3k+ votes
    12y

    Who are you buying the property from? Is it a private seller?

  • Developer · Philadelphia, PA · Member since 2013 · 1k+ posts · 902 votes
    12y
    Aaron Mazzrillo it's a listing my agent picked up but it's not on the MLS yet as she's working out some inheritance tax issues for the seller (helping her gather info only). It'll probably hit the mls later this week, I'd rather get it under contract before it goes live. I thought about trying for seller financing and that'd make life sooo much easier.
  • Investor · Riverside, CA · Member since 2011 · 2k+ posts · 3k+ votes
    12y
    Originally posted by Troy Sheets:
    I thought about trying for seller financing and that'd make life sooo much easier.

    Since you intend to fix and flip, figure out what you would spend in hard money costs (points & interest), then offer the seller that much more in exchange for carrying a 12 month straight note (no interest or payments). Put enough down to cover all the agent's fees and the seller's escrow costs. I've successfully done this many times.

  • Developer · Philadelphia, PA · Member since 2013 · 1k+ posts · 902 votes
    12y
    Originally posted by Aaron Mazzrillo:
    Originally posted by Troy Sheets:
    I thought about trying for seller financing and that'd make life sooo much easier.

    Since you intend to fix and flip, figure out what you would spend in hard money costs (points & interest), then offer the seller that much more in exchange for carrying a 12 month straight note (no interest or payments). Put enough down to cover all the agent's fees and the seller's escrow costs. I've successfully done this many times.

    Love it Aaron, I'll certainly shoot for that first. Let's say the seller can't/won't entertain seller financing, can we go the construction loan route or is hard money the only avenue for us?

  • Developer · Philadelphia, PA · Member since 2013 · 1k+ posts · 902 votes
    12y

    The financing portion of the partnership is under control and we're consulting a lawyer on how to take title and the JV agreement, I was hoping a few knowledgeable souls would chime in and let me know how they've accomplished this in the past to ensure we're on the right track.

  • Investor · Atlanta, GA · Member since 2013 · 212 posts · 107 votes
    12y

    The tenancy/JV question depends on PA state law, but that would be a reasonable structure in GA. Safest course is for both of you to be on the title, depending on your relationship, although technically you could take title in one name and file the JV agreement cross referencing the deed, so as to give notice of the joint interest. examples of why you might take in one name only is if one of your is investing through an sdira (limited to non recourse financing in event of refi), potential 1031 exchange, or one of you has legal issues.

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