Raising Money from Friends & Family: Legal Steps for Real Estate Syndication
Raising money from friends and
family sounds easy until you
realize that you could
accidentally violate securities
laws and turn your closest
relationships into your biggest
liabilities. Let's break down
how to raise capital legally,
safely and smartly without
wrecking your future. Hi, I'm
Tilden Moschetti, founder of
Moschetti, syndication law, I
help syndicators fund managers
and entrepreneurs raise capital
the right way, especially when
it involves the people closest
to you. Today, we're talking
about how to unlock the huge
opportunity of friends and
family fundraising without
stepping into legal quicksand.
You raising capital
from friends and family is how
1000s of businesses and funds
get started. It's where a lot of
first time entrepreneurs and
syndicators begin. But just
because it feels informal
doesn't mean the rules go away.
In fact, friends and family
raises can be some of the most
legally dangerous ones if you
don't handle them properly. The
moment you take someone else's
money for an investment, even
your parents, your college
roommate, your dentist, you're
selling a security. That means
securities laws apply at the
federal and state level, just
like you are raising from
complete strangers, ignoring
that because it's just family is
a mistake that has cost people
their businesses, their
reputations and their personal
relationships. Now the good news
is that Regulation D and
specifically Rule 506 B gives
you a clear legal path to raise
money from your network. 506 B
allows you to raise privately
from people you have pre
existing relationships with,
including non accredited
investors, as long as they're
sophisticated enough to
understand what risks there are.
That flexibility is huge for new
funds and small businesses,
because many friends and family
investors won't meet formal
accreditation standards. But
here's a catch, you must be
extremely careful not to
advertise it publicly. No
Facebook posts, no Instagram
blast, no email blast to mailing
list, no casual mentions at
public events. Everything must
happen one on one, privately
within your established network,
the SEC looks closely at whether
you truly knew the investor
before you offered them the
deal, and whether you gave them
a full fair disclosure of the
risks involved. Full disclosure
matters just as much with
friends and family as it does
with institutional investors. In
fact, it may matter more,
because when things go wrong,
and sometimes they do, even with
the best deals, emotions run
high, the last thing you want is
a close friend or relative
claiming that you didn't explain
the risks, or worse, accusing
them you of misleading them. And
that's why a professional
private placement memorandum or
ppm is critical, even for small
raises, it protects you by
laying out the risks, conflicts
and terms clearly and formally.
Documentation is another piece
of first time fundraisers miss.
Every investor should fill out a
subscription agreement
confirming that they understand
the investment, accept the risks
and have made an independent
decision, even if you're raising
from your best friend since
childhood, don't skip the
paperwork. It's not about
distrust. It's about protecting
both of you. Handling friends
and family raises the right way
actually builds trust. It shows
you take their investment, their
monies and their all of their
trust seriously, it sets the
tone for how you're going to
handle bigger raises later. It
gives you peace of mind knowing
that no matter what happens, you
did everything right up front.
Friends and family can be your
greatest asset when raising your
first rounds of capital, they
believe in you personally, but
belief sometimes isn't enough.
You have to respect the law,
respect the process, and respect
the responsibility that you're
taking on with their money. When
you do that, you don't just
raise capital. You strengthen
relationships that will support
you across your entire career.
Raising money from friends and
family is an incredible
opportunity, but only if you
treat it with the
professionalism and seriousness
it deserves. Protect yourself,
protect your investors and build
the foundation for a lifetime of
successful capital raising. If
you. Help setting up your
friends and family round the
right way, reach out. I'm Tilden
Moschetti, thanks for watching,
and let's build something that
lasts you.