A joint venture in real estate is often an excellent idea. If two or more
investors pool resources and finances, it’s amazing how much can be accomplished
and how quickly it can all come together. But just because a joint venture comes
your way isn’t a sign that you should take advantage of it. In fact, there are
some important rules that you should keep in mind before you enter any joint
venture.
The most important is that you know your partners. It’s not necessary that
you’ve had dinner together, teed off at the local golf course, or worked
together on other projects. But when someone is asking you to enter into a joint
venture, it pays to do a little research. You can bet that person has looked you
over before inviting you to participate.
If the joint venture will put you with some other companies, ask for
financial records. You don’t want to step into a real estate deal – even one
that looks extremely profitable – with a group of companies that are on the
verge of bankruptcy. And you certainly don’t want to enter into a joint venture
without being aware of your partners’ situations. The financial situation may
not be the only red flag that something is amiss. Mergers, acquisitions or major
changes in the company could be signals that the company is in turmoil.
Does that mean that you’d never enter into a joint venture with companies
facing issues? Of course not. The deal might be an incredibly sound investment.
But knowing ahead of time that there are financial problems is a good heads up
to potential problems. For example, a company that is facing bankruptcy unless
this last deal is successful may be willing to sign off on some short cuts that
will damage the investment, or even to take a joint venture loan with poor terms
and high rates simply to be sure the deal goes forward. Knowledge is power and
knowing these things ahead of time will put you in a position to keep an eye on
the project.
If your joint venture partners are individuals, financial statements may not
be feasible, but you can protect yourself to a great degree with a joint venture
agreement. A lawyer is not optional here – it’s a must. Find someone with
experience in joint venture agreements, and make sure you have your own
attorney. A lawyer who simply represents the joint venture group won’t have your
best interests as his or her only interest. In fact, an unscrupulous lawyer may
be working for another partner in the joint venture with the goal of taking
advantage of your participation.
Finally, listen to your grandmother’s advice – “If it sounds too good to be
true, it probably is.” If the deal is presented to you as a “surefire profitable
joint venture,” take a second (and third, and fourth) look at the details, and
the partners.
A joint venture can be very exciting, especially if you’ve only worked on
smaller real estate deals up to this point. But don’t let your common sense and
your business sense be overruled by that excitement. After all, if you’re now in
the market for joint ventures, you’ll be surprised how many opportunities are
likely to come your way.