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
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
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

All Forum Posts by: Collin Luckett

Collin Luckett has started 4 posts and replied 6 times.

Quote from @Tim Swierczek:

@Collin Luckett

The answer to your questions is nuanced. This is for basic informational purposes I am not an attorney and this is not legal advice.

First, if you offer to purchase a property using a HELOC to fund the purchase you cannot later back out of the agreement because you couldn't find PML or investors. Most sellers only care if you close so you can usually use another form of capital stack other than what is on the agreement, however, the seller can force you to use the originally agreed-upon payment method. This is rarely an issue provided you still perform.

The raising money part is more complex. It depends on what stake you offer in the property.  The cleanest route but the least attractive method for most investors is to have the investor provide debt. In that case, they have no ownership only lien rights.  The relationship is straightforward and you don't need to know much else legally. I would get an attorney or title company involved to create your loan documents to ensure they comply with the law and cover all the aspects you need.

Another method that is likely your best bet to take on investors is to create a joint venture (JV). Under this method each investor has ownership and voting rights. You will need an attorney to properly structure the partnership and you will make sure you do it correctly. If you start a JV in name but do not give your partners proper control and decision-making rights and the deal goes bad you open yourself up to serious consequences which can lead to SEC violations with extremely high fines.

Lastly, you can offer the project up to investors who have no voting or control.  In this case, they get equity but do not make decisions.  Check with an SEC attorney to learn where this line is drawn. If you choose this method you will need to learn SEC money-raising rules. The short version is that you must have a  Private Placement Memorandum (PPM) to show your investors and you must decide upfront if you will only accept accredited investors or if you will allow investment from non-accredited investors.  This is very important. If you allow non-accredited investors you cannot advertise, or post looking for investors. You need to really learn these laws if you want to start a partnership where you make the decisions. 

@Tim Swierczek thank you, very good info! And in regards to getting educated on the the laws, I assume the best route is to link of with an attorney who has experience with these types of transactions? Anyone you recommend in Minnesota? We are in the brainerd lakes area. 

And if you go under contract as an individual, can you then JV with another investor or is it too late? I have something I will buy regardless of others' buy-in, but the way I see it working is I get it under contract, present my plan to a couple others who are interested and more experienced, they agree to partner and we complete the purchase together. Does that sound right?

We finished our first one this fall, which went pretty well. I recognize I still have a lot to learn and that having a track record would help. 

I have individuals in mind that have either directly told me they would lend or indicated they might, so I don’t think finding the lenders is my issue. It’s more the actual “how-to” or structuring it into the process I’m in, as I mentioned. I don’t mind having skin in the game either, but I know using private money is key to scaling one day and would like to get some experience with it now, even if it doesn’t fund a majority of the deal. 

I have a couple houses I'd like to put under contract as fix and flips and would like to you private money lenders to help fund. I know when you make an offer you typically specify how you plan on funding the deal. I'm currently going through the process of getting a HELOC and feel confident we'd be able to fund a purchase using that but using PML has ultimately been a goal of mine and would like to incorporate it into one of these purchases if possible.

My question is, if I do want to make an offer funded with a HELOC, can I later bring in investors or even a hard money lender before the purchase? Is there that kind of flexibility in a purchase agreement? Also, I'm pretty new to this but I'm assuming you'd have to have an LLC in place to accept hard money or money from private lenders?

Sorry if this has been covered before, we are located in Minnesota if that matters.  

Post: Real Estate License Online Options

Collin LuckettPosted
  • Posts 6
  • Votes 0

Looking at online real estate licensing courses, anything out there with continued education options that does a good job of covering creative financing?

Hello, we sold a house and during the final walkthrough the buyers noticed the well pump leaking. To close, we agreed to get it fixed within 10 days after closing.

The first plumber that came out took a look and didn’t see anything leaking. The sellers insisted it was so we had a second guy come out. We had him replace a gasket even though he didn’t notice anything. This was within 10 days.
2 weeks later and the buyers messaged and said it was still leaking. After looking at it, it’s not really leaking or dripping, more so just a little moisture around the seal. More like “seeping” than leaking at best.

Do I get someone out again to look at it? It seems so minor and if it were us I know we wouldn’t think twice about it. How do I address it with the buyers if it isn’t really a “leak”? Are they being silly or am I?

Hello, we have an investment property in northern Minnesota that we have been trying to sell, we have it under contract and are supposed to close in a few days. The problem is when we got a survey done for the buyers, it showed that a barn mostly on our property has a corner sitting on the neighbor's property. The property is one of 3 that was a part of a bigger property owned by the neighboring family that got split, we purchased this one from the neighbors' brother. It has a fence that we verbally agreed we would honor as the property line when we purchased it without a survey and the fence line gives us more space in some areas and the neighbor more space in areas when compared to the legal property lines. 

How can we go about getting a clean title, no problem selling with sellers having access to the barn that has the property line going through it? The title company mentioned a possible easement as a solution? Is there another way to go about it that just honors the fence lines? Would a letter from the neighbor suffice? 


Title company has been slow on this one, looking for help ASAP as we close in a few days. Thank you BP community!!