Partner With A Contractor On A Flip. I Don't Understand

Partner With A Contractor On A Flip. I Don't Understand

Member since 2020 · 5 posts · 0 votes

I found a great property at an excellent price to flip. I arranged the financing at 100%. Even got the seller to carry small second for rehab costs and put my commissions back into the deal When we closed, we had 28,000 to work with for rehab costs. Normally I would never use a contractor on aa flip, but this was a friend. The condition was he would not charge for his labor in exchange for 50% profit at sale. (approx. 150,000 each) We formed an LLC but didn't write out all the details. We also never signed the operating agreement. Well, he spent all the money in the account, a lot of personal expenses and paid himself money. I don't know how much since he never provided accounting. He saying to me that he would never not charge for his labor and the norm is he gets paid labor and costs and then 50% profit. He says he would normally charge 150,000 for the job so why would he take only 150,000 profits? He wants to just give me a flat 100,000 and he would make 200,000+. How did this partnership work? Is this normal? If I don't agree then the project sits there, and we all lose. Does anyone have any suggestions on how these types of partnerships work? Materials will be lent to the company by him and will be paid back out of proceeds. So, he does not pay any capital contributions but his labor. How could this have worked out better for me?

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Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
1y
Quote from @Joanne Bragg:

I found a great property at an excellent price to flip. I arranged the financing at 100%. Even got the seller to carry small second for rehab costs and put my commissions back into the deal When we closed, we had 28,000 to work with for rehab costs. Normally I would never use a contractor on aa flip, but this was a friend. The condition was he would not charge for his labor in exchange for 50% profit at sale. (approx. 150,000 each) We formed an LLC but didn't write out all the details. We also never signed the operating agreement. Well, he spent all the money in the account, a lot of personal expenses and paid himself money. I don't know how much since he never provided accounting. He saying to me that he would never not charge for his labor and the norm is he gets paid labor and costs and then 50% profit. He says he would normally charge 150,000 for the job so why would he take only 150,000 profits? He wants to just give me a flat 100,000 and he would make 200,000+. How did this partnership work? Is this normal? If I don't agree then the project sits there, and we all lose. Does anyone have any suggestions on how these types of partnerships work? Materials will be lent to the company by him and will be paid back out of proceeds. So, he does not pay any capital contributions but his labor. How could this have worked out better for me?

Sorry you have to go through this. How they work depends on the contract and what the contract says -- which is currently nothing. 

You are going to need to get an attorney involved in this ordeal. This is why I and others have preached on BP in the past you never get in bed with the contractor, you pay them for work and you own the property. This is exactly why. 

This situation is far too messy to get resolved here on BP.

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1y
    Quote from @Joanne Bragg:

    I found a great property at an excellent price to flip. I arranged the financing at 100%. Even got the seller to carry small second for rehab costs and put my commissions back into the deal When we closed, we had 28,000 to work with for rehab costs. Normally I would never use a contractor on aa flip, but this was a friend. The condition was he would not charge for his labor in exchange for 50% profit at sale. (approx. 150,000 each) We formed an LLC but didn't write out all the details. We also never signed the operating agreement. Well, he spent all the money in the account, a lot of personal expenses and paid himself money. I don't know how much since he never provided accounting. He saying to me that he would never not charge for his labor and the norm is he gets paid labor and costs and then 50% profit. He says he would normally charge 150,000 for the job so why would he take only 150,000 profits? He wants to just give me a flat 100,000 and he would make 200,000+. How did this partnership work? Is this normal? If I don't agree then the project sits there, and we all lose. Does anyone have any suggestions on how these types of partnerships work? Materials will be lent to the company by him and will be paid back out of proceeds. So, he does not pay any capital contributions but his labor. How could this have worked out better for me?

    Sorry you have to go through this. How they work depends on the contract and what the contract says -- which is currently nothing. 

    You are going to need to get an attorney involved in this ordeal. This is why I and others have preached on BP in the past you never get in bed with the contractor, you pay them for work and you own the property. This is exactly why. 

    This situation is far too messy to get resolved here on BP.

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  • Jaron WallingPro Member
    Rental Property Investor · Indianapolis, IN · Member since 2018 · 4k+ posts · 4k+ votes
    1y

    The majority of contractors do not understand REI, running the numbers, or strategy.

    Sorry to say but it's time to lawyer up.  

  • Peter MckernanBusiness Member
    Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
    1y

    Yes, for sure, just as the others stated you'll have to get an attorney to get you out of this mess. Are you the only one on title or is the contractor on title too? Did you get the house recorded with the LLC in place?

    If the llc is with the contractor and he signed that and also signed docs for closing, then there is no leverage. If you are the only one on title and the only person that can sell it, you have leverage to threaten to sell the place and that contractor gets nothing. I would confirm all that, and you can me a private message I have some attorney's in our area I can recommend for getting advice and to hire.

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  • Contractor · Scottsdale, AZ · Member since 2010 · 2k+ posts · 3k+ votes
    1y

    I've partnered with several contractors over the years (before I got my own license) and it is very normal for the contractor to be paid for materials and labor, even if they are doing the build "at cost"

    It's complicated and as other have stated, you've gotten yourself in too big of a mess to be sorted out by some people on an internet forum. Get a good real estate attorney and have them help you navigate this.

    (Also in the future - don't be freaked out by doing deals with contractors again. The projects I've done where I've partnered with GC's have been some of the most lucrative and educational projects I've ever done. You just need to have your ducks in a row and paperwork in order before you even close escrow)

  • Member since 2020 · 5 posts · 0 votes
    1y

    We formed an LLC where we are both 50/50 partner. there is no signed operating agreement

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