Equity Sharing Arrangements

If you are low on cash or have cash and are low on time, a partnership or equity–sharing arrangement may be for you. Using partners to finance real estate transaction is the classic form of using “OPM” (other people’s money). Experienced investors are always willing to put up money to be a partner in a profitable real estate transaction. As with many businesses, talent is more important than cash; if you can find a good real estate deal, the money will find its way to you!

Partnership arrangements work in a variety of circumstances. The most common scenario involves one party living in the property while the other does not. Another scenario may involve all of the parties live in the property. These arrangements are common among family members. Parents often lend their children money for a down payment on a house, with a promise of repayment at a later date. If the repayment of the debt is with interest and/or relates to the future appreciation of the property, we have a basic equity–sharing arrangement.

Another common financing arrangement between multiple parties is a partnership wherein none of the parties live in the property. This article will discuss the basic partnership investment. Larger investments through limited partnerships and other corporate entities in a “pool” of money are known as “syndications.” These investments are generally classified as securities, so compliance with state and federal regulations is complex. Thus, syndications are generally not recommended for financing smaller projects, since the legal fees for compliance with securities law will far exceed the benefit of raising capital through multiple investors.

BASIC EQUITY SHARING ARRANGEMENT

The common equity sharing arrangement involves one party living in the property and the other putting up cash and/or financing. Both the occupant and the non–occupant enjoy tax benefits and share the profit, as described later in this chapter. First time homebuyers make the best resident partners while family members, sellers and real estate investors fill the non–resident partner role.

1: Buyer with credit, no cash

A lot of potential homebuyers have the income to qualify for a mortgage loan, but only with a substantial down payment. With a small down payment, the monthly loan payments may be too high. A potential homebuyer could borrow the money for the down payment, but nobody but a fool (or a parent) would lend $25,000 or more unsecured. Furthermore, loan regulations generally do not permit the use of borrowed money as a down payment.

An equity–sharing partner could put up the money in exchange for an interest in the property. The resident partner would obtain the loan, live in the property, make the monthly loan payments, and maintain the property. The non–resident partner that puts up the down–payment money is free from management headaches and negative cash flow. After a number of years (typically five to seven), the property is sold, the mortgage loan balance is paid in full, and the profits are split between the parties. Obviously, the strategy works best in a rising real estate market.

2: Buyer with cash, no credit

The second equity–sharing scenario would be a buyer with cash, but an inability to qualify for institutional financing. The resident partner would put up the down payment, the non–resident partner would obtain the loan. After a number of years, the property is sold, the mortgage loan balance is paid in full, and the profits are split between the parties.

If you are low on cash or have cash and are low on time, a partnership or equity–sharing arrangement may be for you. Using partners to finance real estate transaction is the classic form of using “OPM” (other people’s money). Experienced investors are always willing to put up money to be a partner in a profitable real estate transaction. As with many businesses, talent is more important than cash; if you can find a good real estate deal, the money will find its way to you!

PITFALLS

A joint ownership arrangement can be problematic if the resident does not maintain the property or make the mortgage, insurance or property taxes payments. Furthermore, the property may not go up in value, so the non–resident party who put up his credit or cash may not realize any profits. Like any real estate investment, the shared equity arrangement should be approached with profit, not just financing in mind. In other words, make sure you buy the property at a good price and/or in the right neighborhood at the right time.

ALTERNATIVES

For the non–resident investor, there are several alternatives to the equity sharing arrangement. The first is the lease/option, an arrangement by which the non–resident owner is on title and the resident owner is a tenant. This arrangement does not allow the tenant to reap the tax deduction, but does allow him to share in future appreciation by having a fixed option price. The second is a contract for deed, which does allow the resident to claim the interest payments, but does not allow the non–resident to share in future appreciation.

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Written exclusively for Legalwiz.com by Attorney William Bronchick, Certified Registered Nationally-known attorney, Author, Entrepreneur and Speaker.