IMPORTANT!!! Before you ask a question, please go through the thread's Table of Contents via the link below. Your question may have already been answered!
http://www.deangraziosi.com/real-estate-forums/everything-else/86517/30-...
Topics of regular discussion:
*Finding the Perfect Real Estate Agent
*Building a Buyer's List
*Ghost Ads and Bandit Signs
*Assignments VS Double Closings
*Contracts and Purchase Agreements
*Earnest Money
This will be updated as progress is made
~Michelle Casey
"Now all glory to God, who is able, through his mighty power at work within us, to accomplish infinitely more than we might ask or think."~Ephesians 3:20
Aniko
Please don't mistake any of my following comments to be any form of legal advice--it's not.
The short answer: consult with an attorney.
A more detailed answer is that the LLC offers more asset protection than a LP. If you were to get sued as the result of an assignment transaction gone bad, and you were to lose that lawsuit, then the plaintiff could go after your LP's and your personal assets. Yet, the plaintiff could only go after the assets of your LLC if you conducted all of your business through that LLC--unless s/he took some additional steps (ask your attorney to explain what a charging order is).
For the most part, wholesalers don't have too much to worry about here, but it's better to be safe than sorry. Besides, you could factor that entity cost in as part of your costs for doing business: meaning you could pass that on to your end-buyer. In other words, you don't have to create the entity first before tying up a property. You could tie up the property, collect your non-refundable deposit, set up the entity, and close in the name of that entity later.
[quote=dp2The short answer: consult with an attorney.
A more detailed answer is that the LLC offers more asset protection than a LP. If you were to get sued as the result of an assignment transaction gone bad, and you were to lose that lawsuit, then the plaintiff could go after your LP's and your personal assets. Yet, the plaintiff could only go after the assets of your LLC if you conducted all of your business through that LLC--unless s/he took some additional steps (ask your attorney to explain what a charging order is).
For the most part, wholesalers don't have too much to worry about here, but it's better to be safe than sorry. Besides, you could factor that entity cost in as part of your costs for doing business: meaning you could pass that on to your end-buyer. In other words, you don't have to create the entity first before tying up a property. You could tie up the property, collect your non-refundable deposit, set up the entity, and close in the name of that entity later.
I'm in CA, where we have to "work around" assignments, with double closings or adding buyers to our original contracts. But I'm curious as to how an assignment can go bad... knowing the pitfalls can help us avoid them. I would think that the worst case scenario would be that we would have to refund the assignment fee.
I agree that it is better to be safe than sorry, but my question was brought on by Karemahs' dilima. If an agent will work with a partnership, maybe that is an option we can use to get started. But you bring up something I had not considered previously - should we be doing assignments on a personal level at all? Or should we always do them inside of an LLC?
Thanks for getting the gears in my head moving!
Aniko
(gunna go google "charging order")