How To Protect Yourself When Investing Passively In A Syndicate

Raise Capital Legally

Please join our host, Attorney Mola Bosland, as she interviews Syndication Attorneys’ long-time clients Jake Stenziano and Gino Barbaro about their new educational course, "Passive Investing Pro”. They have created this course to help passive investors learn how to protect themselves and their hard-earned investment dollars when evaluating group real estate investment opportunities. Jake and Gino will share with the audience what their passive investing course entails and how it can help ensure an alignment of interests between passive and active investors in syndicated real estate projects.

Common mistakes made by passive investors (00:02:13)

One of the biggest mistakes discussed is investing solely based on the sponsor's perceived credibility or popularity, such as having a podcast or writing a book, without verifying their actual track record and performance history with previous investors. The importance of truly knowing, liking, and trusting the sponsor is emphasized, but it is also stressed that passive investors need to go beyond that and conduct thorough due diligence.

The three-step framework: Sponsor, Alignment of Interests, and the Deal (00:06:22)

Jake and Gino introduce their three-step framework for evaluating passive investment opportunities: 1) The Sponsor (the jockey), 2) Alignment of Interests (the saddle), and 3) The Deal (the horse). They emphasize the importance of thoroughly vetting the sponsor team's experience, track record, and business plan, as well as ensuring that the interests of passive and active investors are aligned.

Evaluating the Sponsor (00:13:31)

When evaluating the sponsor, Jake and Gino recommend looking beyond just their years of experience and instead focusing on their actual track record and performance history with previous investors. They suggest asking about deals where the sponsor may have lost money and how they handled those situations.

Alignment of Interests (00:19:01)

Jake and Gino stress the importance of ensuring that the interests of passive and active investors are aligned. This includes understanding the fee structure, verifying that the sponsor has their own capital invested in the deal (skin in the game), and ensuring that the distribution of returns and cashflows is structured in a way that incentivizes the sponsor to perform well on behalf of passive investors.

Evaluating the Deal (00:21:10)

When evaluating the deal itself, Jake and Gino recommend focusing on factors like the property's vintage and condition, median income of the area, current rents versus market rents and the sponsor's assumptions for rent growth, the quality of the property management company, and the financing terms (e.g., agency debt versus bridge loans). They also suggest requesting the sponsor's underwriting assumptions, rent rolls, and other documentation to verify the deal's viability.

Current market conditions and opportunities (00:51:05)

Towards the end of the discussion, Gino expresses his belief that the current market conditions present an opportune time for investing in real estate, likening it to the 2010-2011 period following the previous recession. He encourages viewers to tune out the noise and negative sentiment, as he sees opportunities arising over the next 12-24 months for those willing to take a long-term perspective.

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