7 Legal Pitfalls in Joint Venture Real Estate Deals
In a JV, you can blow the deal if you skip the LLC and keep title in your own names. That can turn you into a general partnership with unlimited liability. You also risk an insurance denial when the named insured doesn’t match the deed. You’ll fight over cash if you don’t lock down contributions, valuations, and the waterfall. You’ll stall construction without clear authority, voting rules, and deadlock cures. You’ll face claims without indemnities. You also need confidentiality and IP terms, plus buy‑sell exits—stay for the fixes. JV Mistake: Not Forming an LLC Although a handshake JV and a signed term sheet can feel “good enough,” if you don’t form an LLC you’ve likely created a general partnership by default. That’s where deals quietly go sideways. In that setup, one partner’s mistake can expose your home, savings, and other projects to unlimited liability. Even with an LLC, you still need a Joint Venture Agreement to spell out who can buy, sell, and manage the project. The Home Eq...