Real Estate Operating Agreement Template

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Sample

Real Estate Operating Agreement Template

Printable | Editable Form




Real Estate Operating Agreement Template (1)
Between:
[Name of the Managing Member]
[Managing Member’s ID]
[Managing Member’s Address]
[Managing Member’s Phone]
[Managing Member’s Email]
And:
[Name of the Operating Member]
[Operating Member’s ID]
[Operating Member’s Address]
Introduction:
This Real Estate Operating Agreement is entered into as of [Contract Start Date], laying out the terms and conditions governing the operation and management of the property located at [Property Address].
Clause 1: Purpose
The purpose of this agreement is to outline the roles, responsibilities, and profit-sharing arrangements of the members pertaining to the management of the property.
Clause 2: Management Responsibilities
The Managing Member shall oversee all operational aspects of the property, including but not limited to maintenance, leasing, and repairs. The Operating Member shall assist in the execution of these duties as needed.
Clause 3: Capital Contributions
Each member shall contribute capital as follows: [Specify contributions from each member], with additional contributions required for unforeseen expenses to be decided through mutual agreement.
Clause 4: Profit Distribution
Profits and losses will be distributed according to the following ratio: [Specify profit-sharing percentages]. Distributions will be made quarterly, subject to cash flow availability.
Clause 5: Termination and Dissolution
This agreement may be terminated under the following conditions: [Specify conditions]. In the event of termination, the property shall be sold and proceeds distributed to members in accordance with their ownership percentages.
Clause 6: Indemnification
Both members agree to indemnify and hold harmless each other from any claims arising from the management of the property, except where caused by gross negligence or willful misconduct.
Clause 7: Governing Law
This agreement shall be governed by the laws of [Jurisdiction], and any disputes arising hereunder shall be resolved in the courts of [Jurisdiction].
Signed in [City], [Date].
Sincerely,
[Signature of the Managing Member]
[Name of the Managing Member]
[Signature of the Operating Member]
[Name of the Operating Member]
Real Estate Operating Agreement Template (2)
Between:
[Name of the Managing Member]
[Managing Member’s ID]
[Managing Member’s Address]
[Managing Member’s Phone]
[Managing Member’s Email]
And:
[Name of the Co-Member]
[Co-Member’s ID]
[Co-Member’s Address]
Introduction:
This Real Estate Operating Agreement governs the operations of the entity managing the real estate located at [Property Address], effective as of [Contract Start Date].
Clause 1: Definitions
Terms used in this agreement are defined as follows: [Define terms such as “Property”, “Members”, “Capital Contributions”, etc.].
Clause 2: Roles of Members
The Members shall have the following roles: [Specify roles and responsibilities of each member]. Each Member shall actively participate in decision-making related to property management.
Clause 3: Additional Contributions
Members agree to make additional capital contributions as reasonably necessary to cover losses or unexpected expenses, subject to mutual consent.
Clause 4: Distributions of Cash Flow
Cash flow received from operations shall be distributed to the Members periodically as follows: [Specify details on distribution].
Clause 5: Books and Records
Proper books and records of the business shall be maintained at all times. Each Member will be entitled to review the records upon reasonable notice.
Clause 6: Transfer of Membership Interest
Transfer of any Member’s interest in the agreement requires the written consent of all Members, unless otherwise outlined in this agreement.
Clause 7: Amendments and Modifications
This agreement may be amended only by written agreement signed by all Members. The amendments shall be documented in a manner that reflects the intent of the parties.
Signed in [City], [Date].
Sincerely,
[Signature of the Managing Member]
[Name of the Managing Member]
[Signature of the Co-Member]
[Name of the Co-Member]

Form

Please complete the form below to create the Real Estate Operating Agreement Template. All fields must be filled out to ensure a clear and comprehensive agreement. We provide examples to guide you through each step.

Real Estate Operating Agreement Template

1. Entity Information


2. Member Information


3. Purpose of the Entity

4. Capital Contributions

5. Profit and Loss Distribution

6. Management Responsibilities

7. Meetings and Voting

8. Transfer of Membership Interests

9. Indemnification

10. Dissolution Procedures

11. Signatures and Acceptance

12. Declaration and Signatures




PDF


WORD

Printable

Real Estate Operating Agreement Template

Printable | Editable Form




Real Estate Operating Agreement Template