Financing in New York>Question Details

Peter German, Home Buyer in New York, NY

What are the advantages of buying a property with an LLC?

Asked by Peter German, New York, NY Thu Jul 23, 2009

I understand in some cases the mortgage would not show up on your personal credit report. Would using an LLC preclude you from using FHA financing or 1st time home buyer? Also I am considering buying the property with another person. The goal would be to get a larger apartment than I could afford on my own and split it up into two smaller bedrooms and one main room. I would use one of the smaller rooms and rent the biggest one for 1250 - 1500. When more than one person buys is an LLC good to use?

I have an LLC with my brother in delaware which owns a rental property. Could this be used to buy a property in NYC? Would that automatically make my brother part owner? Would there need to be another LLC formed in NYC?

Thank you for your feedback.

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BEST ANSWER
-THE FOLLOWING IS NOT LEGAL ADVICE; IT IS JUST OPINION-

Well, for starters you'd need a good paydex score and your fico score would be irrelevant unless there was a personal guarantee.

If the title was only held in the LLC, if someone triped and broke their neck on your property then they could not sue you and your assets, just the Limited Liability Company and THEIR assets.

An LLC taxed like a corporation but has some of the benefits that a sole proprietorship has and some it doesn't. You can also register in ANY state you wish regardless of where you're located. Some people who live in New York might register in Nevada because of the legal advantages or others might register in Oregon because of the low price to file ($50, ha ha!).

But if I were you, I'd do your own hard work to research it, hire an attorney and pay them well. And if you don't have money to pay an attorney then itemize the cost of an attorney in your business plan and submit the business plan to a lender so that you can get a loan to pay for the attorney and just pay of the loan with the profits from your business operation.

AGAIN, THIS WAS NOT LEGAL ADVICE.

Best of luck to you Peter!

Hey,... Didn't I just answer one of your questions about finding a "co investor"??? ha ha!
0 votes Comment Flag Thu Jul 23, 2009
Peter,
This just posted on realdeal - may be interesting to read.

http://therealdeal.com/newyork/articles/llcs-not-just-a-purc…
0 votes Comment Flag Tue Jul 28, 2009
Its basically a corporate purchase. It is not unusual to find corporate ownership in NYC buildings....
You can for ex. open up an LLC that is designated strictly for the ownership of one particular property. You can then go ahead and rent out the property and that renter can be you personally , someone else or even another LLC or business as long as the building allows commercial use.
In NYC you want to make sure the building allows corporate ownership. As a rule condos will have no problem with that. I think you can most likely use your existing LLC to buy, but it may be better to keep your new ownership separate. There are advantages and disadvantages to the LLc ownership:
These are definitely questions for real estate attorney and an accountant to get it down to science and get the answers to questions on tax implications, resale conditions, financing details etc.
0 votes Comment Flag Tue Jul 28, 2009
If you get a residential loan, the loan would have to in your name. I don't believe you can get a loan solely in the name of the LLC.
0 votes Comment Flag Thu Jul 23, 2009
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