
An attorney can assist you to make the right decisions regarding an investment in a real estate venture and protect your investments. Here are a few things to think about:
1. Sort your assets
Segregating your Investment in Real Estate assets from other assets can limit the personal responsibility for business and personal debts. This means that you should have separate banks for your real estate as well as personal money. If you are not careful or do not take action, a creditor like an individual or a company might be able to access your assets, such as your home and car in certain states. By segregating your assets, you can reduce the risk.
2- Consider an LLC
The LLC (Limited Liability Company) is designed to limit the risk. The sole proprietorship of an individual investor is considered to be a sole owner, and therefore you operate as a sole proprietorship. Without the protection provided by a business entity, such as an LLC or LLC, your assets could be at risk in the event of a lawsuit. The creation of an LLC to safeguard assets is a standard method to minimize the personal risk. There are expenses associated in establishing an LLC and keeping it up to date and also it is important to note that the LLC will be a part of the public records. There are other options, including partnerships and corporations.
3- Obtain Proper Liability Insurance
Real estate professionals who have experience will inform you that having comprehensive liability insurance and an umbrella insurance policy is crucial for any real estate venture. Check your coverage limits with an experienced insurance broker. You could be in danger of being sued if an employee or a tenant is injured in one of your buildings or in the event of fire. Even if you are not responsible, the outcome of a lawsuit could make an investor bankrupt if not adequately protected by insurance.
4 — Review Joint Accounts
There are many instances where you have joint accounts with relatives or business partners, such as friends and family members. The money in a joint account with a child, parent who is a senior citizen or else may be in danger in a court case. If there’s an IRS tax lien, divorce or a legal judgment in favor of the co-owner, the funds in the account may be at risk.
5. Make a point of thinking twice about partnerships
It is possible to run a business through partnerships, but take your time before you sign a contract that could expose your assets to risk. Partnerships are not able to provide the protection afforded by an LLC. Furthermore, if the partner you are working with is responsible in the event of an accident or negligence the assets of your partnership could be in danger. The tax and liability implications of Partnerships are different from those of an LLC. Partnerships differ from those of an LLC.
Tips for Limiting Liability
Each real estate investment scenario differs, which is why it’s a good idea to talk to the services of a professional real estate lawyer to develop the best strategy for you to reduce your risk. Affording adequate liability insurance or forming an LLC, separating your assets, and setting up a line of credit for your property are all common methods that real estate investors employ.
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