What to Do When Your Partnership Sours
When there’s no more middle ground, a strong partnership agreement can save you the hassles of an expensive legal battle.
URL: http://www.entrepreneur.com/management/legalcenter/article205492.html
By: Toddi Gutner
Even in the best of circumstances, business partnerships can be fraught with conflict. To handle the twists and turns, smart co-owners put a well-drafted partnership agreement in place to act as a road map. Without one, lack of guidance in the event of a dispute can result in a free-for-all for partners, says Jonathan Levitt, a principal with Outside GC LLC, a team of former senior in-house lawyers who act as “on-demand” in-house counsel for clients.
For partners who don’t have an agreement, or even those who do, there are a few things they should consider in order to best protect themselves when conflict arises.
First, business partners need to evaluate whether they can mend fences and settle their differences. Difficult issues surface in all partnerships, and they can create stress in the relationship, “but if you work through these issues, you usually have a stronger partnership,” says Steven Thayer, an attorney with Handler Thayer LLP in Chicago.
It’s important to figure out what’s at the root of the friction. Ask, “What is occurring within the partnership that is causing you to make a decision to [want to] sell or liquidate?” says Terry Mackin, managing director at Generational Equity, merger and acquisition advisor for small businesses. It can come down to rifts, family dynamics or other issues. “How are those things affecting the business?” says Mackin.
Business issues such as not making enough money, having too much debt or realizing your business model doesn’t work are situations that may require you to adapt and change your business plan to make it work, says Thayer. Of course, fundamental issues that are hard to move past–lying, cheating, stealing or other illegal activity, for example–can be deal breakers and a legitimate basis to terminate the relationship.
Whether conflicts are resolved to make the partnership work is a business decision based in part on each partner’s risk/reward tolerance level. “Each partner should regularly assess the risks and rewards associated with their business […] to make sure they are in check,” says Thayer.
To that end, ongoing communication and a periodic review of your partnership (especially the agreement, if you have one) is essential. Just as in any relationship, partnerships grow old and co-owners need to reassess how decisions are made, who makes what decisions, etc., says Kurt D. Olender, a corporate attorney in Manhattan.
What do you do if you’re unable to resolve your conflicts? At this point, business partners need to determine whether or not one partner buys out the other or both sell out to a third party. In the case of a partner buyout, the two important questions to ask are “Who has the most passion for the business, and who has an immediate cash need that requires them to cash out of the business?” says Steve Nielsen, CEO of PartnerUp, an online small-business networking community. As one would expect, both partners need to agree on the next course of action. In some cases, reaching an agreement may require a good business attorney to act as a sort of “corporate therapist.”
Whatever the decision, make sure you hire a good business attorney to help with the dissolution of the partnership. There is too much at stake to use your friend’s uncle or some other attorney who is not an expert in business law. Finally, “It is extremely critical that both parties either have their own independent valuations or that they agree on an independent business-valuation expert to determine the value of the business, ” says Nielsen.
Most issues, serious or not, can be resolved at the onset through good communication and effective negotiation skills. “Before you resort to the worst case, try working things out by talking,” says Nielsen.
March 15th, 2010 in
Entrepreneurship,
General,
Small or Home-Based Business | tags:
business,
economy,
finance,
home business,
home-based business,
houses,
investing,
market trends,
networking,
opportunity,
partner,
partnership,
real estate,
Real Estate Investing,
small business,
stocks,
wall street |
No Comments
It looks like someone finally decided to write about some of the hidden agenda’s within the real estate market. Some great information in this article. I hope you take something valuable from it.
Great Time to Buy (Famous Last Words)
By DAMON DARLIN
“IT’S a great time to buy a home.”
Real estate agents were saying that in 2001, as home prices were rising. They also said it when home prices peaked in 2005 — in fact, David Lereah, former chief economist of the National Association of Realtors, published a book that year titled “Are You Missing the Real Estate Boom?”
And many real estate agents said it was time to buy as prices began to drop — and continued to say it over the past several years as prices fell by an average of 33 percent in America’s 20 largest cities.
Mr. Lereah would acknowledge that he had gotten it wrong. But from the perspective of many real estate agents, it is always a good time to buy.
“What they are really saying is that it is a good time to be involved in a transaction that generates a commission,” says Barry Ritholtz, C.E.O. and director of equity research at FusionIQ, a quantitative research firm. He’s also author of “The Big Picture,” an irreverent blog on markets.
If agents are always motivated to make a deal, buyers are often asking an impossible question: “Will the price of this house go up?”
Although the National Association of Realtors said for many years that home prices historically don’t fall, actually they do, and sometimes quite sharply. The housing market is complicated, and the future unknowable. Still, for clues to the overall direction of prices, Mr. Ritholtz advises buyers to look at three metrics: the ratio of median income to median home prices, which suggests whether people can afford a house; the cost of ownership versus renting; and the value of the national housing stock as a percentage of gross domestic product.
All those measures were aberrationally inflated during the housing bubble. And they still aren’t back to historical norms. We can get back to the norm in either of two ways, Mr. Ritholtz says: home prices can either drop an additional 15 percent or go sideways for seven years or so, while G.D.P. and income presumably grow.
To complicate matters, even if home prices rise or fall nationally, they may not follow that pattern in Las Vegas or South Florida or Maine, to say nothing of the neighborhood where you want to buy.
There may be a better way, however, for potential buyers to approach the problem. “Predicting interest rates is a whole lot easier than predicting home prices,” says Glenn Kelman, chief executive of Redfin, a multistate discount online real estate brokerage company based in Seattle. “Before you buy the house, you buy the money,” he says.
It’s a little like walking into a dealership to buy a car, and finding the saleswoman immediately jotting down what your monthly payments will be and starting the negotiations there. That’s absolutely the wrong way to buy a car. But for a prospective homeowner, it’s a good place to start the analysis to determine how much house you can buy.
Instead of betting on home prices, you make a bet on whether money will become cheaper or more expensive, allowing you to buy more or less house.
That’s where the regular Joe has a pretty good shot of being right. You won’t know day to day, or week to week, what’s happening to rates, and a jolt like a default in Greece or a change in Chinese monetary policy can throw everything off. But, generally, the Federal Reserve is telegraphing where things are headed over the next six months.
“I can’t prove to you that housing prices have definitely bottomed out,” Mr. Kelman says. “I can say with a fair degree of certainty that the cost of money will go higher.”
OF course, if rates go up, home prices tend to dampen. Borrowing $300,000 at 5 percent costs you $1,610 a month. If rates rise to 6 percent, that’s $188 a month more, or $67,680 over 30 years. Would the price of a $375,000 house fall because of a half-point rate hike? Now you are back to guessing about home prices. Don’t go there. Maintain your focus.
“People are frequently buying for the wrong reasons,” says Frank LLosa, a real estate agent working in northern Virginia. In most cases, he says, they think that they are getting an income tax break or that their home is an investment.
He points out that a buyer of a $300,000 home would have to see the house appreciate $18,000 just to cover the commission and closing costs. Then figure in the predictable costs of maintenance, the opportunity costs of the mortgage down payment and the amount one could have saved by renting a similar place more cheaply.
Then there are property taxes.
In California, taxes alone can be $5,000 a year on that $300,000 house. In New Jersey, where property taxes are the highest in the nation, the extra cost can be even more. (The Star-Ledger of Newark calculated that, on average, residents in the town of Lodi pay 10 percent of their income in property taxes.) But who would have guessed that property taxes in that state would keep climbing, doubling over the course of seven years in some cases, even as home values stopped appreciating?
Mr. LLosa thinks that many people — including him — would be better off renting. People ought to buy a house for what he calls “warm and fuzzy feelings,” but they shouldn’t try to predict home prices. Nor should real estate agents, who aren’t much wiser.
“I don’t think real estate professionals should be in the business of telling people when it is a great time to buy,” he said.
An earlier version of this article misstated the additional amount by which Barry Ritholtz believes homes prices need to drop in the short term in order to return to their historical norms. It is 15 percent, not 50.
March 14th, 2010 in
Entrepreneurship,
General,
Real Estate Investing | tags:
business,
economy,
flipping contracts,
home-based business,
houses,
investing,
opportunity,
real estate,
Real Estate Investing,
small business,
tenants,
wholesaling |
No Comments
| |
The Ultimate Networking Event
Register Here:
http://theultimatenetworkingeventapr-mcgarry.eventbrite.com/
|

|
Live at Chima Brazilian Steakhouse
|
Tuesday April 6th, 2010 6-9pm
|
At The Ultimate Networking Event you’ll meet CEO’s, Business Leaders and Decision makers from a variety of leading companies. You will learn and have opportunities to grow your business from some of the area’s top business networking professional’s.
|
Here’s What’s Included
- Admission to Event
- 1st Drink
- Light Appetizers
- 1 week Membership to the Exclusive Pyramid Club ($99 Value)
- Professional Business Portrait Digital Photo ($159 Value)
- Enjoy a Professional Back Massage ($25 Value)
- One Month Membership to LifeLock ID Theft Protection
- Opportunity to Meet and Mingle with the Top Decision Makers in Philadelphia Business and Create Lasting Friendly Business Relationships (PRICELESS)
- Drawing for Fabulous Gift Certificates and Door Prizes Such as Philly Pops Box Seats, Philadelphia Orchastra Box Seats, and Much More
|
All this for only $25 in Advance or $30 at the door
|
No Problem Parking In The City With Valet Service Right In Front Of Chima
OVER 200 PROFESSIONALS ATTENDED OUR LAST EVENT !
DON’T WAIT BUY NOW AND SECURE YOUR TICKET TO THE HOTTEST NETWORKING EVENT IN Philadelphia!
|
This Event Will Go To Capacity
Special Guests
David Dickson
Director U.S. Small Business Administration
Shows Small Business Owners how to obtain a short term, unsecured $35,000 loan to help build their business. This special program allows the use of this loan with no interest for 6 months and no payments for a period of 18 months.
|
Real world networking is essential for you to build and create relationships. Having the skills to network effectively in today’s challenging business climate, is critical and could make the difference between thriving or losing to your competitors.
|
Our Host Venue
Chima Steakhouse-named after chimarrao, a traditional drink of Rio Grande do Sul, Brazil, that symbolizes hospitality and friendship-certainly lives up to its name. Legend has it, in South Brazil traditional gauchos (cowboys) would consume a diet that consisted almost entirely of beef. The meat was seasoned (rodizio), placed on skewers, and slow cooked over a wood burning flame. Historically, gauchos were known for their generosity and hospitality.
Gauchos roam the dining room continuously offering exquisite churrasco of 16 rotisserie meats. Chima’s sumptuous salad bar blends Brazilian and American favorites from salads, oven-fresh breads and soup. Chima is a place for friends and family to enjoy each other and great food.
|
We Look Forward to Seeing You at
The Ultimate Networking Event!
March 14th, 2010 in
Entrepreneurship,
General,
Personal Development,
Real Estate Investing,
Small or Home-Based Business | tags:
business,
economy,
home business,
home-based business,
investing,
job loss,
jobs,
marketing,
networking,
opportunity,
real estate,
small business,
stocks |
No Comments