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#181666 - 11/15/07 01:10 PM Fundraising Investment Question
Sunny&Soo Offline
Junior Member

Registered: 11/15/07
Posts: 1
Loc: GA
Hi and thank you to all for reading and posting in advance!

My questions is this, if I as a real estate agent help a developer find investors for a project, of the fee that the developer is willing to pay me, does that have to go to my broker and then I get my split or can the developer just pay me directly because there wasn't a real estate transaction?

Is the question clear? If not please let me know and I will try to clarify.

And also, whatever the answer is, if part of the compensation is through giving partial ownership of the project for procuring the investor, would I have to give my "split" portion to my broker?

Again thanks for your input.

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#181707 - 11/15/07 03:56 PM Re: Fundraising Investment Question [Re: Sunny&Soo]
Mr. Foreclosure Offline
Major Contributor

Registered: 09/01/06
Posts: 2834
Loc: upstate New York
If I understand your question correctly you are not talking about finding investors to purchase real estate on a speculative basis but rather finding investors to capitalize (fund) a developement project. If that is the case the investors you are finding would be stock holders in a corporation or partners in a partnership depending on the business organizational structure. As such it is doubtful that any compensation provided would fall under real estate law. There is a lot of room in how that might unfold that could cloud the issue so I would highly recommend talking with an attorney familiar with both real estate and general business law for Georgia.

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#181711 - 11/15/07 04:15 PM Re: Fundraising Investment Question [Re: Mr. Foreclosure]
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Mr. Foreclosure is right on in that this would not require a real estate license so you are under no obligation to pass these funds through the brokerage.
_________________________
Paul Oaks
Oaks Real Estate Group

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#181756 - 11/15/07 08:38 PM Re: Fundraising Investment Question [Re: Paul Oaks]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8473
Loc: georgia
If a developer can't raise capital on there own and need an agent for that I would question the validity of the whole project.

Have they assembled the land yet and is it under option contracts?Have they ran a feasability study?Have they checked land use for the area and taken to prodding the zoning department and the city,county to see if they would embrace a project such as the one the developer is proposing?

People use the word developer loosely and many people call themselves one.Before I would put ANY time into this I would ask lots of questions and before showing any investors the project or introducing to the developer I would have compensation agreements signed written up by YOUR r.e. attorney.

Where the funding comes from will depend on the size and scope of the project.There are reit's,tic's,equity partners etc. that will fund the deal BUT ONLY once it hits a certain stage in the process like the anchor committs 100 percent and the project passes city and county approval etc.

If you want you can e-mail me the specifics of what you are trying to do and I will be glad to help.

The first question before you work on anything is is the project in a great location and is what the developer trying to do based on the numbers feasible?

I usually work on projects where the end value is in the hundreds of millions so maybe I can answer your questions.

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#181839 - 11/16/07 08:28 AM Re: Fundraising Investment Question [Re: Mr. Foreclosure]
Bigtoe Offline
Veteran Member

Registered: 10/14/07
Posts: 1291
Loc: Outer Banks
 Originally Posted By: Mr. Foreclosure
If I understand your question correctly you are not talking about finding investors to purchase real estate on a speculative basis but rather finding investors to capitalize (fund) a developement project. If that is the case the investors you are finding would be stock holders in a corporation or partners in a partnership depending on the business organizational structure. As such it is doubtful that any compensation provided would fall under real estate law. There is a lot of room in how that might unfold that could cloud the issue so I would highly recommend talking with an attorney familiar with both real estate and general business law for Georgia.


And if the investors end up buying stock you might need a separate license from the Securities Exchange Commission to receive compensation.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

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#182029 - 11/17/07 03:59 AM Re: Fundraising Investment Question [Re: Bigtoe]
Broker Paul Offline
Member

Registered: 11/11/07
Posts: 89
Loc: Ca, Orange/ Los Angeles
Looks SEC to me. If you don't think you need to pay your broker, you clearly don't think it is a Real Estate Transaction.

With Brokers Permission you could be Arranger of Credit and do Hard money loan.

Way better than buying stock.

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