Originally posted by "Wheatie":
You say "please no SEC regulation discussions" but that actually is the heart of the matter. Advertising to a public audience will run afoul of these regulations. There are ways around this, apparently. But I can guarantee that if you put an ad on TV offering 10% or whatever you'll get phone calls from some folks you really don't want to talk to.
Yeah, I said no SEC regulation discussion because I've realized that most people have no idea about what the regulations mean, how/if/what they pertain to or even what the SEC does. Most people throw the acronym into the conversation and expect the dark cloud to surpass everything. It’s really pretty clear from their statues and history what is okay and not okay.
I have read quite a bit of the state and federal statues and it is pretty clear what the regulations are trying to prevent and trying to accomplish. You are correct, promising ‘10%’ return in a TV commercial is not okay. Selling ‘shares of a fund’ without being a licensed securities broker is not okay. Telling people you will invest their money for them and then pooling the money with other people is not okay. Advertising that the investment ‘risk free’ will also probably get you investigated if it turns out not to be true.
However, looking for equity partners on RE deals is perfectly okay. The key with these partnerships is to keep them exclusive, independent, and outlined fully from the beginning with both parties holding ownership. There's no need for me to collect money from Wheatie, Josh, Jim, Bill and then tell them I'm going to go buy properties. I would much rather present a deal to Wheatie, and if he is interested we sit down, establish and LLC and purchase it together. Everything is outlined from the beginning including CF splits, residual splits, expense responsibilities, mgt. duties, etc etc. If Wheatie's not interested then present the same to Josh.
That is more of what I’m thinking, finding people in my community that have money to invest and are interested in working together to pursue properties; rather than getting money from people and investing it.
While I've never read Cowgill, I understand that he advocates ‘private money'. Private money would take more of a debt approach rather than a partnership approach. While technically it is a little different that what I've explained above, I don't see why that wouldn't work also. There are plenty of people who would much rather make the loan than be a part of the partnership. It would probably be easier to leave the decision up to them. The similarity is that you are working with people on a more personal level and your funding source is localized rather than searching all over your state looking for a HML. I'm sure the rates might also be a little bit better.
Thanks for the input Wheatie, your responses are always very much appreciated.