Originally posted by @Account Closed:
Hi All,
As a new investor, I have a couple of questions regarding raising private money. My business partners and I are putting together a pitch and list of who we would like to start approaching to fund our deals. We have seen many properties and can actually make moves on a couple the only restriction is that we do not have the capital to do it ourselves. We came upon a couple questions that I thought the biggerpockets community members would be a perfect source for. Please review the list of questions below, any help and feedback from past experience is appreciated as I am sure we can learn from all of you. I know that some of these might be beginner questions but I wanted to get an understanding of the different type of scenarios that can arise during this process.
- If an investor wants to invest with us, how do we go about having the individuals contractually bind to the investment, if at all?
This question is "the cart before the horse" since your title is raising Private Money but your questions revolve around a Private Placement. Answering from the perspective of a Private Placement - you will send your potential investors a subscription agreement, private placement memorandum and other investment docs prepared by your attorney. Typically when they sign the subscription agreement they are on the hook.
- Should we wait till we have investment opportunities to start raising private money or do we go about pitching private money without opportunities yet? Being a beginner this is something that will be a huge obstacle for us, so I wanted to know how some of you overcame that obstacle? Property first then pitch, or pitch first and look for properties, or 50/50 etc.?
I would say you should have closer to 75% committed investors before you find your first deal. Keep in mind that once you put a real deal in front of people you will find that several will not go forward for various reasons. I would have an investor pool large enough to oversubscribe the deal by 125% (I recommend using all accredited investors), if you get more than the 100% needed your subscription agreement should give you authority to reject investors.
- Once a deal is found, who's funds out of the investment pool are used first, is there a priority based on the money raised. For example, if we raise 50K but only need 30K, how is that decided on who's funds we utilize first for the deal? Not wanting to leave anyone out of the deal who wants to participate, not sure how that step of the process works.
See answer above.
- When pitching for private money do we pitch from the angle of it being an investment pool, asking if the investor would be interested and then once we are finding deals we send those deals to all the investors we met with and see if they are willing to join in on it? or is it suggested that we come to the table with properties and/or pitch an individual property?
You need to have your documents done first. A good attorney will run you $8-12k for the Private Placement documents, which you can generally re-use for future deals. Your first deal needs to be a really good deal and you must show large returns to investors (subjugating your fees and returns as necessary to make investors comfortable). Once you have a deal under contract with the longest attorney review period you can get (2-3 weeks), send out your investment docs to as many accredited folks as you know with a deadline to invest. Get your investors funds up front. If you don't have 100% of the equity you need before the atty review expires it is decision time.
- If a deal were to go sour and multiple investors are in on it, how is the money divided up to pay them back, do they sell the property and divide the proceeds? or is the property foreclosed and upon sale the dividends are allocated between the investors?
If the deal goes sour there may not be any money to pay investors. If it is foreclosed upon the investors will ALMOST DEFINITELY not get any money. Your investment documents will spell out how the returns are split. If you are invested you may set it up so that you don't receive any of your investment back until the other investors are made whole. In a worst case situation, you may need to pay investors from your own pocket to keep them for future deals, otherwise your business model won't sustain itself and this was a failed venture. It is wise to expect the best (happy repeat investors) but prepare for the worst.
Thanks again for your help and I look forward to hearing back all your feedback.
-Luke