Legal Question in Real Estate Law in Georgia
Georgia Syndicator Fee Law
I am a real estate investor in the Atlanta area. I have purchased all the properties my lender will let me have mortgages on for now, so I want to turn my attention to putting deals together for other investors.
I know that some states allow real estate "dealmakers" to charge a "syndication fee" just for putting the deal together; other states do not allow this. Is this practice permissible in Georgia? What other laws do I need to be aware of in this endeavor? (I am not a licensed Realtor.)
1 Answer from Attorneys
Fees for Deals -- In Texas
I'm very familiar with the law in Texas on this issue which is quite compplex. I know zero on Georgia law, but I expect certain principles apply.You do not have to be a realtor to be a dealmaker, or to get a fee for putting together an investment group or, as is perhaps more typical, to get a "carried interest" in the partnership or other entity which is the real estate investment vehicle. Two areas of law are quite important in this type of endeavor in addition to real estate law. One is the law of partnership, which in most states imposes on the partners -- particularly the managing partner, a fiduciary duty, i.e. a duty of utmost good faith. Full disclosure and fairness are required. Another area is securities law, as, the sale of interests in the partnership or investment vehicle is likely the sale of a security, subjecting the seller to federal and state requirements which include full disclosure and perhaps some qualifying of your investors as to whether the investment is suitable for them given their financial position. You need an attorney competent in this area to advise you, and such lawyers, while available in a metropolitan area such as Atlanta, are not cheap. Putting together investment packages wihtout such advice can be financially suicidal.