Legal Question in Real Estate Law in California

General Partner in Limited Partnership of a condo development project

I have a land in California which I formed an LP with a developer to develop a few condos. Developer's S-corp is the general partner. LP has signed a fixed price and fixed time building construction contract with a general contractor the developer recommended. The project is at the foundation stage. I have information indicating that the General Partner may not be acting on my interest. I have given the GP a memo reminding him of his fiduciary responsibility to me. Should I also ask an attorney to write a letter to protect my rights? If so, how much will this letter cost me? Also, will this letter break the relationship between me and the GP and make things even harder for me? I appreciate a pertinent advice.


Asked on 7/29/04, 5:54 pm

4 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: General Partner in Limited Partnership of a condo development project

You should consider acting sooner rather than later. If your partner is ignoring his or her fiduciary duty now, its only likely to get worse and possibly lead to disasterous financial consequences. An attorney can review your situation in more detail and if appropriate, write and letter or take other actions on your behalf. Many attorneys will give you an initial consultation at no charge.

Good luck.

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Answered on 7/29/04, 6:06 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: General Partner in Limited Partnership of a condo development project

Yes, if you suspect bad faith you should have an attorney review your relationship and communicate for you. It should not affect your business relationship if they are legitimate. I specialize in real estate, HOA, and business law and you may contact me.

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Answered on 7/29/04, 8:41 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: General Partner in Limited Partnership of a condo development project

Without knowing why you believe the letter is necessary or knowing exactly what you stated in your letter I can't opine if an attorney letter will change anything. That being said, you should consult an attorney. Nothing you do or say will affect the fiduciary duties of the general partner. But, his use of an S-Corp as the general partner may well limit your effective remedies.

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Answered on 7/30/04, 9:32 am
Larry Rothman Larry Rothman & Associates

Re: General Partner in Limited Partnership of a condo development project

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone. I cannot tell you if a letter would do you any good. Our letters depend on the time. Our hourly rate is generally $200.00 per hour, but is negotiable.

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Answered on 7/31/04, 2:02 pm


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