Sample Agreements, Forms and Templates
Simple, customizable agreements designed for people without legal training.
For certain types of co-ownership, a basic template is all you need to create your own agreement. These forms are designed for situations where the issues that need to be addressed in the agreement are easy to understand and generally independent from each other. Please note that these agreement forms are offered by license for personal use only; they are not intended for resale by lawyers or real estate professionals.
Real Estate Investment — Owners on Title/Deed
These agreement templates are for property that the owner/investors will rent out to others. They are not suitable for properties that will be used full or part time as a home or vacation residence by one or more of the owners. These tenancy in common documents can be used in any U.S. state, and will protect the owners from unforeseen events or disagreements, and following death. They are in plain English, easy to understand and customize, 15-20 pages in length with a detailed table of contents. Before buying these forms, you should consider whether title to the investment property will be held by the owners as tenants in common, or by a limited liability company (or “LLC”). For a discussion of the pros and cons of holding title to investment property as a TIC or an LLC, see An Introduction to the Limited Liability Company. If you decide LLC ownership is best, do not buy these forms; use our templates for LLC ownership. These TIC forms will work very well in the increasingly common arrangement where the property will be held in tenancy in common, but one or more of the tenant in common investors will hold/her her TIC share in an LLC. For maximum protection against unforeseen events such as deaths, bankruptcy, be sure to use both a co-ownership agreement and a recorded memorandum of agreement.
Real Estate Investment — Property Owned By Limited Liability Company
These agreement templates are for rental property where the owner(s)/investor(s) will hold title as a limited liability company (or “LLC”). They are not suitable for properties that will be used full or part time as a home or vacation residence by one or more of the owners. For a discussion of the pros and cons of holding title to investment property as a TIC or an LLC, see An Introduction to the Limited Liability Company. Like all our templates, these documents can be used in any U.S. state, and will protect the owners from unforeseen events or disagreements, and following death. They are in plain English, easy to understand and customize, and have a detailed table of contents. We offer an LLC operating agreement designed for a single-member or “SMLLC”, an arrangement that offers liability protection coupled with extremely favorable tax treatment. We also offer LLC operating agreements designed specifically for two owners, and others for larger groups.
The term “equity sharing” is typically used to describe a co-ownership relationship between a homeowner and an investor, and is most often used when a home buyer cannot afford a full down payment. You can read more about this type of equity sharing here. Equity sharing is often compared with shared appreciation mortgages and lease-options, other transaction structures used in similar situations; call us if you would like to discuss or compare these alternatives. These equity sharing agreement templates are for the “classic” for of equity sharing where both occupant and investor are on title, and the investor’s role is limited to down payment assistance and/or help qualifying for a mortgage. We offer a several different variations; which of these is right for you depends on the investor’s tax considerations and the closeness of the relationship between the investor and the occupant. Note that a variety of institutional and crowd-funding equity sharing options are now available online, including several where the transaction structure and/or documentation were designed by SirkinLaw APC.
This co-ownership and cohabitation agreement is designed for couples who will purchase a home and live in it together, but are neither married nor registered domestic partners. Because these couples cannot rely on domestic relations law to protect them in the event of breakup or death, it is very important to have a written agreement. The need for an agreement increases even more when the parties contribute unequally to the purchase price, down payment, or ongoing expenses. Like all our sample templates, this agreement can be used in any U.S. state, and is easy to understand and customize. It is about seven pages long with a detailed table of contents for easy reference.
Vacation Property Rental and Exchanges
Renting your home out as a vacation rental, or participating in a home exchange, works just fine without an agreement; that is, until the one time when it doesn’t. If you do enough vacation rentals or exchanges, sooner or later your will have a bad one, where your home is damaged, or items are stolen, or where the home you intended to use for vacation suddenly turns out to be other than what you were led to expect. Contrary to popular misconception, home exchanges are even more risky that vacation rentals because so few of the details and contingencies are spelled out in advance. These sample vacation rental and home exchange agreements are short, easy to use, and offer protection for the most common things that can go wrong.