Equity Share Agreement

State:
Multi-State
Control #:
US-00036DR
Format:
Word; 
Rich Text
Instant download

Description

In equity sharing both parties benefit from the relationship. Equity sharing, also known as housing equity partnership (HEP), gives a person the opportunity to purchase a home even if he cannot afford a mortgage on the whole of the current value. Often the remaining share is held by the house builder, property owner or a housing association. Both parties receive tax benefits. Another advantage is the return on investment for the investor, while for the occupier a home becomes readily available even when funds are insufficient.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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Key Concepts & Definitions

An equity share agreement, also known as an equity sharing agreement, is a legal contract where two or more parties agree to purchase or share the ownership of real estate. This arrangement typically involves an 'Investor' and an 'Occupier', where the investor provides the funding while the occupier provides the primary care and maintenance of the property. Equity share agreements are commonly used to facilitate homeownership for those who might not otherwise afford it, or to split investment benefits.

Step-by-Step Guide

  1. Assess Eligibility: Determine if the participants meet the financial and legal requirements for entering an equity share agreement.
  2. Choose a Property: Select a suitable property that meets the needs of all parties involved in the agreement.
  3. Legal Consultation: Consult with a real estate attorney to draft or review the equity share agreement, ensuring all local laws are adhered to.
  4. Finalize Terms: Agree on the percentages of shared ownership, responsibilities, and how future profits or losses will be divided.
  5. Signing of Agreement: All parties sign the agreement in the presence of a legal advisor.
  6. Records and Registration: Register the agreement as required by local laws to make it legally binding.

Risk Analysis

  • Financial Risk: Changes in the property market can affect the value of the property, impacting the returns on investment.
  • Legal Risks: Potential disputes over property rights and responsibilities can arise, emphasizing the need for clear legal terms in the agreement.
  • Relationship Dynamics: Personal conflicts between the parties can complicate agreement terms and property management.

Key Takeaways

Equity share agreements can provide an alternative pathway to homeownership and investment in real estate, but they require careful planning, clear agreements, and ongoing management. Consultation with real estate professionals and legal advisors is essential.

How to fill out Equity Share Agreement?

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FAQ

A shared equity agreement enables a home buyer or homeowner to share home equity in exchange for a one-time cash payment from an investor. Such agreements allow you to liquidate part of your equity for cash or a down payment. The homeowner doesn't pay off the investor with monthly payments or interest.

A shared equity mortgage is an arrangement under which a lender and a borrower share ownership of a property. The borrower must occupy the property. When the property sells, the allocation of equity goes to each party according to their equity contribution. Each party also shares losses on the sold property.

Equity sharing sounds like a simple form of shared ownership. Investor and occupier each contribute to the down payment, occupier lives in the home, keeps it up, and makes the monthly payments, and the parties share the home appreciation.

Help to Buy is a government backed scheme, and the Help to Buy equity loan enables purchasers to buy a new build home with the help of an equity loan, also known as shared equity.

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Equity Share Agreement