Quote from @Paul Moore:
Hi @John P.! You got some great advice above. This is a very informative thread and I am glad for the conversation.
@Shafi Noss, your comments above were extremely informative. I've been a part of several discussion like this over the years but I love the way you explained it above. Thanks!
@John P. the issue is not whether you can do a TIC structure or not. It is legal. But I don't really believe it's preferable for the vast majority of syndicators. In fact, in all the years I have been in this business I think I've only seen one or two syndicators who allowed this and it was usually for a very large equity investment or because the investor brought the deal to the table and wanted to stay in. If you find syndicators who are willing to work with you on this, then I would love to hear more about that. Not because I want to invest, but because I have been under the impression for a long time that it is very rare.
If anyone out there, including you @Dave Foster, know a way around the TIC structure for 1031 investors to enter a syndication or fund, I would absolutely love to hear it!
Paul- The 1031'ing to a TIC in a syndication is actually pretty common these days. I have heard of minimums between $500k to $3m so it's not for everybody.
I have no affiliation to this group but they even have a video about the process.
https://grocapitus.com/1031-ex...
Also, I believe Brandon Turner's company, Open Door Capital, does the 1031'ing to a TIC. I have invested with them but not by 1031 so can't speak to that process with them. However, they seem to be pretty knowledgeable on things from my conversations with them.
There are many others. It's not always highly advertised but I have spoken to several syndicators that do it so just ask the syndicators you like and it might surprise you.
There is a question of who pays the attorney fees to create the tic/single member LLC/other documents. One syndicator I spoke to required $5k up front to do the legal work and another syndicator paid for it out of the investment money.
Lastly, a big issue to look into is what liability you are taking on when you enter into a 1031/tic transaction. Generally, it is my understanding, you are signing on to the loan. Though the loans are often non-recourse loans there are exceptions (the bad boy carve outs) and my understanding is some banks require each TIC investor to be jointly and severally liable. Thus I think there is a fairly high level of sophistication needed before entering into a TIC/1031. I am still in the midst of doing my own due diligence with this process.