Property partnerships rarely die over the deal. They die over the questions nobody wanted to ask
Scott Mackey
· 3 min read
Joint ventures collapse over who does what and what happens if, not over the deal. Agree the awkward things in writing while everyone is still friends.
Picture two people at a kitchen table. One has the money, the other has the time and the trade contacts, and between them there is a deal neither could do alone. The tea goes cold. Somebody says “we will sort the details out as we go”, and everyone agrees, because it is late and the details are dull and the deal is exciting.
That is the moment. Not the purchase, not the refurbishment, not the tenancy. That one.
Some of the best property opportunities come through partnership. So do some of the most painful disputes I have seen. Joint ventures fail on structure, not strategy. The good feeling at the start is not the asset people take it for. The written agreement is.
Why good deals produce bad partnerships
At the beginning everyone is optimistic and aligned. The awkward questions feel unnecessary, and slightly rude, so they get skipped. The arrangement then runs on assumption rather than agreement.
Then reality turns up. Costs overrun. One party feels they are carrying more than their share. Someone wants their money out. All the unasked questions demand answers at once, at the worst possible moment, with money on the table.
So settle them first, in writing. Who contributes what, and how each contribution is valued. How profit splits and when it is paid. Who decides, and how disagreements get resolved. What happens if somebody wants out, or dies, or defaults.
None of that is distrust. It is the opposite.
The exit, and the one nobody mentions
Exit provisions are the most neglected and the most needed. Partnerships do not last forever, and one with no agreed way for somebody to leave has a crisis built into it from day one. Agreeing in advance how a share is valued and bought out turns a rupture into a process.
For co-owned property there is a further what if. If a co-owner dies, and there is no agreement in place and no means to fund a buyout, the surviving owners can find themselves running a property business in partnership with the deceased’s heirs, who never chose to be landlords, may want the money out immediately, and are under no obligation to be reasonable about it. Arrangements exist to handle that cleanly. They have to be in place beforehand.
Structure is not the enemy of a good relationship. It is what is left holding the thing together when the relationship is having a bad month. The deal might be excellent. If the structure is a handshake and a hope, that does not help you very much.
This article is general information, not personal legal or financial advice. Joint venture and co-ownership arrangements carry significant legal and tax implications. Take specialist advice before entering one.
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Written by
Scott Mackey
Founder of Legacy Capital Management, a St. James’s Place Partner Practice in Stoke Poges. Advises families, business owners and professionals across Buckinghamshire, Berkshire and Oxfordshire.
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