One agreement everyone signs, or a separate one per deal?
Six of us, and we've been operating on a group chat and goodwill since spring. That has produced eleven closed assignments and two arguments that took a month each to settle, so we're papering it. The disagreement is about shape, not terms.
Option one is a single master agreement. Everyone signs the same document, it defines the referral split, who controls dispo, what happens to the shared buyer list if someone leaves, how earnest money gets funded and reimbursed, and a dispute process. Deals then run under it with a one page deal sheet naming the parties and the split for that transaction. Argument for it is that the leave-and-take-the-list problem and the earnest money problem get solved once instead of eleven times, and new members inherit settled answers.
Option two is a fresh agreement per deal. No standing document at all. Two or three members who want to work a specific contract sign a short JV or referral agreement covering that contract only, and nothing binds anyone otherwise. Argument for it is that our deals are wildly different, a rural land contract and a suburban flip contract don't want the same split, and a master agreement written in October will be wrong by March. Also nobody signs anything they didn't read for a deal they're actually in.
My worry about the master document is that it starts describing something an attorney in our state might look at and call an entity or a securities arrangement rather than a referral group, and whether that line gets crossed depends on the state and on facts I'm not qualified to judge, so we'd need a licensed opinion before signing either version. My worry about per-deal papers is that the two arguments we already had were both about things no per-deal agreement would have covered, specifically list ownership and who eats a dead earnest money deposit.
Which failure would you rather have.
Master agreement or per-deal papers for a six-person wholesaling group?
14 votes