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All Forum Posts by: James Tan

James Tan has started 1 posts and replied 7 times.

Post: Virtual Meet-up for Ottawa, ON Investors

James TanPosted
  • Ottawa, Ontario
  • Posts 7
  • Votes 1

I am a member of OREIO as well. It is a good place to network. As for the market, it has been gone up tremendously in recent years which makes finding something on the market extremely hard. People from GTA flooded in with deep pockets.

Post: I have this partnership gone sour...

James TanPosted
  • Ottawa, Ontario
  • Posts 7
  • Votes 1

@Basit Siddiqi

Since it's a 50-50 JV, the upside is shared by both shareholders.

Yes agree 100% that the JV is like a marriage! A good marriage should be mutually beneficial. 🙂

Thanks,

James

Post: I have this partnership gone sour...

James TanPosted
  • Ottawa, Ontario
  • Posts 7
  • Votes 1
Originally posted by @Steve Vaughan:

How is it vested? Who owns the property and how?   

People do what they know.  If one partners with a transactional type of PM, you will end up with just that. 

Hi Steve,

We set up a corporation, similar as LLC in US. Two shareholders: his company and myself under my personal name. Each shareholder owns 50%. The property is two semi with basement units (4 doors total) under one title(not severed). The corp owns the property.

Thanks,

James

Post: I have this partnership gone sour...

James TanPosted
  • Ottawa, Ontario
  • Posts 7
  • Votes 1

Thanks Ryan and Theresa for sharing your thoughts.

Post: I have this partnership gone sour...

James TanPosted
  • Ottawa, Ontario
  • Posts 7
  • Votes 1
Originally posted by @Theresa Harris:

If they are charging one month's rent to find a tenant, make sure you know what that includes.  In this day and age everything is online, so $2033 for an ad is ridiculous=ask for receipts.  How is $2516 7% per month when the rental fee (one month's rent) was $9275?  do the math-even that doesn't make sense. The monthly fee should be $650 (7% of $9275 as that is one month's rent).  

I agree with the others, get an attorney involved.  There is nothing wrong with saying this isn't working and they can either buy you out, you buy them out or sell to a third party.

Hi Theresa,

Thank you for your reply.

They did provide receipts for all the ads. Due to Covid19, it has been challenging to find students. So they used many ad websites.  I do recognize that.

$9275 is the total tenant allocation fee in 3 months, based on the term they wanted: 50% of monthly rent and it applies to whenever we have a turnover in any rooms (student rental).  In 3 months of property up running, there have been many turnovers might be because the rent is set high and also lack of students due to covid shutdown... so it feels like we are running this as a short-term rental. Again, I am not aware of that many of turnovers till 2 nights ago when my partner sent me the invoice from his company... 

How can I avoid this going long run. If we pay half the rent whenever we have a turnover, would that be more expensive than an AirBnB operator?  Would they more lean towards run the property as a short-term rental?? For me this is a conflict of interest. 

Typically PM would charge 50% of monthly but that's good for a year. Within a year any turnover it's PM's responsibility to fill the vacancy. 

$2516 is ongoing monthly PM fee, which is 7% of total rent collected so far: $35,942. 

I haven't officially signed the PM agreement yet.

Thanks,
James


Post: I have this partnership gone sour...

James TanPosted
  • Ottawa, Ontario
  • Posts 7
  • Votes 1

Thanks Nathan for your input! 

Post: I have this partnership gone sour...

James TanPosted
  • Ottawa, Ontario
  • Posts 7
  • Votes 1

Looking for some suggestions on a tricky partnership which started beautifully but gradually going sour.

Almost 2 years ago I came to know this older gentleman. He and his wife had done 4 bungalow conversion projects (adding legal basement unit) and they manage all students tenants by themselves. I ended up hiring him as draftsman for my first project which also is bungalow conversion. I felt he's a honest and knowledgeable guy so we teamed up for 50/50 partnership. We bought a property together and then decided to tear it down and buid a 4 plex (four-bedroom each unit) for student rental. In terms of 50/50 partnership, we didn't have written shareholder agreement on who does what, rather just verbal agreement: whoever can do more in certain area then he should do more. First lesson!

He didn't have money or didn't want to use his own money so I used my fund to secure the property and for the first draw of constructionon, on a 8% term - balloon payment at end.

We contracted out to a builder and finished the construction. During the construction honestly speaking he and his wife contributed more than me in terms of design consultation, construction site visit, change request, interior design and procurement. Especially his wife did all the interior design and procurement for furnishing all the apartments. Mainly from Ikea and the home Depot. Not easy due to covid-19.

At the end of a construction to my surprise my partner threw some large amount invoices at me to cover his and his wife's effort. Ever trip to Ikea or home Depot during the constructionis was billed with hourly rate 50 dollars.

After some back and forth discussions they got what they wanted but the discussions were not very pleasant on both sides.

His wife managed to find all the tenants and then charged surprisingly high rent for the rooms.

My position in terms of going forward property management is that we should shop around and compare the rates with my partner's own companies' rate. If roughly the same, they will get the contract. My partner came up a proposal: one month rent for finding the tenants which is one time charge within 12 months and 7% ongoing monthly fee. I managed to find two reputable companies with lower rate: half the rent for tenant allocation and the 5% monthly fee. My partner refused to accept by saying their past experience with third party management was not good so they didn't want 3rd party management company to do it. They said if I don't like their's then they can manage half (2 units) and I manage two units. So basically it's their way or Highway...I felt that's not an option because the JV owns all the units. How is it possible to do so considering the taxation, the operational cost... After some negotiation they came back with new terms: half month rent for tenant allocation whenever that happens and then still 7% monthly fee, plus company pays all the ads cost...

Last night I got a new invoice from my partner's company: $9275 tenant finding fee, $2516 monthly fee and $2033 ad. cost, for a gross income $35950 his wife collected so far. So the JV now will need to pay his company 13824 total, which is 38.4% of gross income collected. Already 8% on annual project gross income. Not even mention we already knew a few guys will leave around spring time...

What should I do? ?

Should I sucked it up and accept this? Pros: I don't need to do anything. Cons: high cost going forward. I won't be surprised more invoices coming my way.

Or, should I just break the JV? The JV owns the whole building. land transfer tax, re-remortgage... Very costly. But it is one time thing, I don't need to deal with them anymore.

What should I do? Appreciate some suggestions.

Thanks.