Loading...
Answers
MenuHow can I be a silent co-investor on a residential property without being on title, yet still having security and legal claim to my asset share?
I want to help a friend by providing cash up front to cover their full 20% deposit on the property in exchange for 20% ownership. However, the bank won't provide them a mortgage at a competitive residential rate if there is a co-investor entity such as a unit trust. I want to remain silent. Can I be on title still? And if not on title, how can I safeguard my share and have security over the asset to some extent?
Answers
You may want to look at other lenders and options. See if you can find one that will allow you and your friend to set it up the way you described. Another option is to look for private lenders to fund your deals. Hope that helps!
Title is very important in property ownership, without which you will loose out-rightly.
To legally cover your investment portfolio, I would advise that you enter into a separate agreement with the borrower to the effect that the money is for acquisition of property with full details disclosed and that by virtue of such monetary investment, you own substantial stake in the property.
That way, your name will not be in the title, but by the agreement, you have covered your investment, if he agrees to sign it.
For further legal guidance, you can extend a call or email to clarify more on property ownership and acquisition.
This is a very good question. In Canada, Quebec, there is something that we call "Contre-Lettre" I believe that is also common in other countries. In order to safeguard your share and assets, you must request a document (counter-Letter) from the notary which stipulate you have ownership of 20% and you will be responsible to pay revenue generated from of this asset. If dispute may occur between you and your co-investor in the future, the law is clear: the counter letter prevails over the apparent contract.
Related Questions
-
What is the best advice you've received when you were starting out in real estate sales?
I co-founded and owned what became the 13th largest Century 21 franchise in the USA. I did the majority of the training. We hired hundreds of new and experienced agents each year maintaining an average active agent count of around 95 in our single office. Here is some of the advice I gave each prospective or new recruit. 1. Make sure you have a cash reserve to cover your personal and real estate business overhead for 3-6 months. 2. Treat your real estate business like you are in business for yourself even though you are not by yourself. Sound business principles still apply. 3. Networking and relationship nurturing are the keys to the kingdom. Prospect, prospect, prospect. (The agents that were proactively prospecting for clients were three to four times more successful than the ones that merely placed ads and waited for the phone to ring.) 4. Avoid the busy-work-trap. That is, do all the non-income producing work during non-prime time hours. If you can be prospecting, showing property or writing contracts, do it. Don't organize your desk, configure your CRM, write your ads, etc., in lieu of the activities that will earn your income. This happens more frequently than you might think. 5. Ignore the naysayers. My best agents earned between $250,000 and $500,000 regardless of the housing market or economy. Ironically, some of them were "intentional" naysayers. It was part of their strategy to discourage the new people. 6. Become a student of the business. Attend every conference available. Read every book. Listen to the CD's/DVD's on how to master the art of selling real estate (to borrow a title from Tom Hopkins). I've traveled the country training real estate agents & brokers. Give me a call if you have any further questions or would like a coach to accelerate your learning curve and success rate. All the best! Kevin McCarthyKM
-
What are some best practice to make a decision to invest in residential property?
I've been investing in residential and commercial real estate for over 10yrs and have learned from a lot of decisions along the way. Certainly depends on the type of property, type of investment, and structure of the transaction. For example the answer would be very different between a SFR and a 200 unit apartment complex. I always start with the macro - what is driving people to rent property in that part of the city. Will the reasons people are renting there continue to support future rentals and future rental increases (jobs, development rules, pricing, etc.) If I like what I see for that city and that part of the city from a macro perspective, I look at the economics of the property itself (price per unit in relation to deferred maintenance, does the NOI pencil out to what I need it to be, is there upside in rents or utility bill backs or appreciation, am I buying at a discount due to deferred maintenance or lease risks, etc.) Then I look at the structure of the deal itself - if I am leading the investment and have LPs, what is the rate of return for everyone involved. What is the holding period, plan to sell vs. 1031 exchange, etc. Some of the areas where there can be difficulty is on deferred maintenance that a seller is unwilling to compensate you for (negotiation techniques are your friend here). Issues with the leases (some might be easy to overcome and others may not be). Financing (will a bank want to own that type of property in that city).JM
-
Would you recommend facebook ads to show real estate listing to buyer persona?
Of course and have in the past.. With FB's Open graph search you can laser target buyers and weed out tire kickers.. This is a no brainer :)JR
-
What are the best books or resources to learn about real estate development from scratch?
This should help you out: 1. Property Development for Beginners: A Beginners Guide to Property Development by Steve Chandler http://www.amazon.com/gp/product/1482580551/ref=as_li_qf_sp_asin_tl?ie=UTF8&camp=1789&creative=9325&creativeASIN=1482580551&linkCode=as2&tag=pittspropedea-20">Property Development for Beginners: A Beginners Guide to Property Development</a><img src="http://ir-na.amazon-adsystem.com/e/ir?t=pittspropedea-20&l=as2&o=1&a=1482580551 2. Real Estate Development: Principles and Process by Mike E. Miles http://www.amazon.com/gp/product/0874209714/ref=as_li_qf_sp_asin_tl?ie=UTF8&camp=1789&creative=9325&creativeASIN=0874209714&linkCode=as2&tag=pittspropedea-20">Real Estate Development: Principles and Process</a><img src="http://ir-na.amazon-adsystem.com/e/ir?t=pittspropedea-20&l=as2&o=1&a=0874209714 3. http://www.masterycoachingterence.com/TY
-
How should I structure my real estate partnership?
I've been a commercial real estate broker for 5 years now and have ventured into a handful of business partnerships - some have worked and some have nearly ruined me. What I find, on a surface level, is that you must absolutely share the same VALUES and MISSION as your potential partner. Having even stake in the game also helps, as it avoids one partner eventually grabbing "the upper hand". If you are not bringing cash or equity to the table, be prepared to demonstrate how your hard work can be translated into $ value. If you have more detailed scenarios or questions, feel free to bounce them off me at anytime. Cheers! -S.SD
the startups.com platform
Copyright © 2025 Startups.com. All rights reserved.