REI Wealth Monthly Issue 05 | Page 33

12 WARNING SIGNS YOU’RE HEADED FOR A LAWSUIT WITH YOUR PARTNER JEFFREY H. LERMAN field blindfolded and headed for disaster. Solution: hire a competent lawyer and get your agreement in writing…yesterday! #3: Written Agreement Without Clear Definition of Who’s Contributing What OK, so you’re feeling good that you already have a written agreement with your partner. The problem is that if the agreement did not adequately address key points, such as who is contributing what to the joint venture in terms of time, money, property or effort, then that void creates a fertile ground for future disagreement. What are the odds that your agreement is missing such key items? Unfortunately, it happens all the time. Solution: amend your agreement with a competent lawyer (consider using a different one than the one who drafted up your defective agreement in the first place) - ASAP! #4: Written Agreement That Does Not Address Cash Calls All too often, written agreements fail to address this sensitive issue: What happens if, despite your best-laid plans and projections, your venture ends up needing more money than you planned and originally contributed to capitalize your deal? Perhaps the venturers do not want to consider this possibility up front. Regardless, it should be discussed and the agreement documented. If your agreement does not address this, then when storm clouds start to form over your venture, you are headed for a tough discussion with your partner that could result in a lawsuit. It may not be too late. Sit down with your partner right now and have the discussion you should have had when you first got together…and document it! #5: No Tie-Breaker Mechanism If your venture is made up of just two partners and you each have a 50% vote on any issue, there is the potential of deadlock. What happens if you just cannot agree? On a minor issue, you might be able to avoid a serious dispute. The bigger the issue, the more likely it is that you will end up in a lawsuit. Solution: Try to agree that one of you ultimately has control on all decisions. Often,