Litigation is a tricky and complex subject but it’s vital that you know the rules and laws surrounding your deals. This week super attorney Dugan Kelley drops by to tell us how.
When you’re a real estate syndicator and investor there’s lots of potential potholes and problems you could face and that’s why I’ve invited this week’s guest on the show – Dugan Kelley. Dugan is a super experienced syndication attorney, transaction lawyer and has millions of dollars of experience on the litigation side. He drops by this week to give us some amazing advice on how we can identify these risks and either avoid or overcome them.
Dugan Kelley received his Juris Doctor from Regent University in Virginia Beach, Virginia. He has extensive experience representing clients in trade secret, catastrophic injury, class action, product liability, intellectual property, defamation, and other complex litigation matters. Dugan’s practice also includes representing companies and family businesses in providing advice and counsel in the capacity as outside general counsel.
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1. Plan, prepare and have a positive outlook on your deal.
2. One of the biggest pitfalls is not knowing or believing that it takes a team to be successful.
3. It is important to have an attorney that you have a great relationship with because most of the time it will be a long-term one. Line up your team before you start the deal.
4. Ask what type of person you are and what kind of communication you want from your attorney.
5. Trust your gut and go with an attorney that you feel is the right fit. Remember, you’re there to CLOSE and help your passive investors.
6. Never do a deal with a handshake, it ALWAYS has to be in writing.
7. The rules and laws are not different for your family and friends. Make sure you treat them as a client.
8. If you don’t have the private placement memorandum then you’re at risk of being sued by either the government or clients.
9. Do the right thing all the time and avoid burning bridges… because the investing circle is small and it could come back to haunt you in future deals.
10. As a sponsor or operator it’s very wise, and worth the money, to get insurance. This is something that lots of people don’t do but it will help and protect you massively should anyone want to come after you in or after a deal.
11. Even though we’re in uncertain times… it’s certain that real estate is still the best way to invest. It’s a good time right now to hold property and wait for the improvements to come.
The Passive Investing Playbook – https://investormindset.com/passive
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