Tackling the Challenge: Dealing with Difficult Investors in Your Reg D Rule 506b or 506c Offering
difficult investors. Oh my gosh,
there is nothing worse for a
syndicator, a fund manager, a
business that's raised capital
through syndication than a
difficult investor. dealing with
difficult investors is really
challenging. It's emotionally
challenging, and strategically
challenging, trying to figure
out the best mechanism in order
to do to deal with them. This
video is a blast in the past. So
about a few years ago, I had a
group of people that were top of
their game in the real estate
field, the best developers, the
best real estate professionals
that there were, they came to me
and wanted to get specific
training on how to make the
transition from being at that
high level of in real estate
over into being a real estate
syndicator. This is a video I
put together for them to help
them understand this difficult
topic of dealing with difficult
investors, I know you're gonna
find it.
And in this particular video,
we're talking about dealing with
difficult investors. So I hope
you find this video useful. When
we decided to add this video, it
really came out of a need to
make sure that we have a tool
and a mechanism. And to deal
with some types of investors who
are a little bit more
challenging than others. There's
always this balancing act that
we have the need in order to
fill up our investments, and the
need to work with people that we
just like a lot. So we need to
find that balance. And there are
going to be times that you have
investors that are a little bit
more difficult to work with than
others. I think it's important
to start off this discussion
with one basic tool, or one
basic thought. And that thought
is comes from Stephen Covey's
book Seven Habits of Highly
Effective People. And it's the
idea of seek first to understand
and then to be understood. So
when we come at things with that
point, with that idea, we're can
come to it from a point of being
able to really have an
empathetic kind of ear and
understand where our where the
investor is coming from, help
find that difficulty rather than
us just having trouble with them
and not having such a good
relationship. So a lot of this
material comes from a great book
by Brinkman and Kershner. It's
called dealing with people you
can't stand. And that is kind of
a, you know, we don't want to
admit that we can't stand a few
of our investors. The reality is
there are some investors you are
gonna have that are just that
way where people, what can we
do? So bring Ben and Kirschner
identified 10 different types of
people. And I present this to
you, because it gives you kind
of a framework of once you can
identify for yourself, what kind
of person this fits into, it
might give you a little bit
better tools for as you start
working with them to try and
understand where they're coming
from, and the best way to deal
with them. The first and
probably I think one of the most
frequent are called, I call
Bulldogs, they call them tanks.
I like to prefer Bulldogs
because they're loud. They bark
a lot. They're very aggressive.
Ultimately, they don't hurt you,
but they're very, very loud and
they they bark a lot. And
they're constantly charging,
charging, charging. The second
one and probably maybe one of
the most frustrating are who
they call snipers. These are the
types of people who are always
just giving you a sarcastic
remark or they're they're giving
you some sort of rude comment.
They just come in at that moment
and just give it give you some
nasty nastiness just to make
your day not as pleasant. Third,
in this industry it's pretty
common to meet the know at all.
And these can be people who
actually do know quite a bit and
know their stuff but they like
to show it around that they do
know it all. And you know this
is certainly very common amongst
your lawyers or your mountains
are or engineers. A lot of times
will have these traits. Now I'm
certainly not saying that
everybody who's a lawyer or an
accountant or an engineer is one
of these people, but a lot of
times they find themselves in
that kind of profession. The
fourth category are the
grenades. These are people who
many times the best Situ the
best resolution is to just sort
of nod your head say okay, and
no, it's not going anywhere. And
now it's not going anywhere. I
wouldn't just automatically know
that somebody is in a Grunt is a
grenade. But when you've seen it
over and over again, you
recognize that that's what they
are. Now grenades what they do
is they come into a situation
they go on a rant and then they
don't there's nothing meaningful
out of that rant. There's
nothing even about what you're
taught what they're talking
about as part of that RAM.
They're just upset then there
are the think they know it all.
Then there's the think they know
it all people. Now these are the
people who are overly cocky
think they know everything about
real estate, but really know
nothing at all. I've certainly
I've had my experiences with
these people as investors, and
we'll go to what ultimately I
fate vying to be the best
resolution for it in a little
bit. So another is the yes,
people. These people are
difficult in terms of they
making you a bad day. They're
the ones who always say yes to
you. But then, at the end of the
day, nothing really happens.
They just seem to want to please
you, like you have the law on
the you have them on the phone,
and you're explaining the
investment. And they say, Yeah,
that's great. I can't wait to
sign up, and then you can never
get them to sign up. It's not
that these people are trying to
lie to you. It's that they're
Yes, people, they're trying to
please you they don't like the
conflict and they're running
away from it. Then there are the
maybe people I'm sure we've all
had our fair share of these
people. And this isn't even that
they necessarily say maybe, but
it's the people who
procrastinate, who always put
that making that decision off
time and time again, until you
know, maybe it will resolve
itself is sort of what they're
thinking. And ultimately, it
waits until it gets festered
into a bad situation, before you
can get these people to act. The
eighth category or the blank
wall? I have no idea how to deal
with these people. I mean, if
they want to engage in a
conversation, I have no idea. So
they're the people you're
talking to and they just kind of
blankly stare at you. And I
don't know what to say what
those people. So if you have any
ideas, please let me know. Nine
is the art no people these are
your doom and gloom. The world
is coming to an end people. And
then 10 Are your whiners. These
people just want to complain.
Now we give you these categories
of people out of out of their
book, mostly as a framework so
that you can see whether there's
these kinds of people because I
help I think it helps to
categorize people and kind of
understand where they're coming
from before. Before you kind of
try and solve the problem.
Again, Covey's words seek first
to understand and then to be
understood, if you can
understand that where they're
coming from and how that emotion
is coming at you. It's better
it's easier to get to the
rationality of what's actually
taking place. So what are the
tools to actually do that? Well,
there's really nine steps to
dealing with. With this. With
with the difficult investors.
First, it's listen and ask
yourself
Are they more concerned about
Fact or a person type problem.
What I mean by this is a lot of
times people will feel like
they've been slighted and become
more emotional because they
haven't been included, for
example, that happens
frequently. So if you've got a
situation where you need to make
a decision for your investment
in for your investors, and your
investors don't feel included in
that, even if you've got the
voting rights, where you don't,
that's not an issue. Your
investors still want to feel
like they're included sometimes.
And so ask yourself, Is this
because of some personality
thing? Where I have the ability
to make a decision, I made a
decision, it was a reasonable
decision? Or is it that they
feel like feel have a problem on
some more emotional or personal
level? Then respond back and
validate their concerns? I mean,
you can certainly say, Well, if
I, you know, I could certainly
see why you would feel that way.
And, you know, if I were in your
position, I'd feel that way,
too. I mean, that's a pretty
safe statement. There, people
tend to be fairly, you know, not
completely irrational. And so
you should be able to reiterate
that back and validate that
concern, at least let them feel
like they're validated, don't
lie to them. But let them feel
like, you know, you really do
understand, listen, and then
validate, and then probe for
reasons why they feel that way.
So again, if this was the issue
of not having their voice heard
in a situation where you had to
make a decision, you know, I
would probe for reasons say,
Well, you understand that under
this under the operating
agreement, that normally this is
a decision that the asset
manager gets to make. And that's
why we made that, does that make
sense? So why? So under in this
particular circumstance, you
know, why is this especially
important that you that you had
that? Did you just want an
opportunity to be heard on it?
Okay, and you know, and so that
way, you're engaging in a real
conversation. For summarize it
back to them. And I think it's
been somewhat underlying what
I've been saying is, assume the
positive I believe, to my bone
that nearly everybody is a good
person, that 99.99999% of people
are good people. And people want
to do the right thing. And I
also believe that 100% of people
believe that they're doing a
good thing. Now, there are true,
you're truly evil people out
there, but I think the evil
people out there are people who
just believe that they're doing
a good thing, and for some
messed up reason. So go into
that and assume the positive.
Assume that what they're saying
is for the benefit of everybody.
So the next step is stay calm.
So these are intake portion, and
here's your resolution port.
Stay calm. I really like what
William Irizarry says and
getting past No, this idea of
going to the balcony. There are
some times when you're having a
conversation with a difficult
investor, where you kind of need
to have a little break. And so
the idea there is sometime take
a real step back, take a break,
everybody separates for a little
while. And one way to do this in
these typically this comes up
and phone calls, is to say you
know if brought up some really
interesting things here. Let me
do some research on a couple of
issues that I have. And then can
I call you back in an hour. That
way you now get to go to the
balcony you get to take a break
and you can really evaluate and
level your emotions as well.
Number seven, now state your
positive intent you are try
thing to do the best thing
possible for your investors. If
you're in this program and
you're watching this video,
you've already committed that
you are a morally good person.
And that you are the kind of
person that wants to make your
investors money. And you know
that the more money you make
your investors, ultimately, the
much, much more money you're
gonna make yourself. So make it
clear that you have that
positive intention. This is an
investor, this is somebody who
trusted you with their money,
and somebody who you want to
make money for. Right? That's
why you're here. That's why you
are syndicator. So state that
intention so that they
understand that you want the
very, very best for them and all
the other investors
number eight, Use I statements.
This is a two parter. So we do I
statements, because it's less
attacking than a you statement
because you was kind of
accusatory I statements as I
feel I, I know, I think those
things like that they give a
barrier and a buffer in order to
not feel accusatory. And if you
can make a decision and give
your basis. And if necessary, in
steps number nine repeat steps
one to five. And you may need to
come back to two, six through
nine again, but most of the
time, it should be able to be
resolved by them. Now I alluded
to these people who are the
think they know it alls. And
what the sometimes the best
solution is and know that this
is in your back pocket. And it
may not be always in your back
pocket, but it's always an
option, you just may have to
figure out how you could make it
happen. And they obviously would
have to agree sometimes, but
I'll write it down because it's
important
the best solution
is to buy them out, you may have
to make a decision that it would
be much easier, your life would
be much easier, the investment
would run smoother, your
business would run smoother, if
you could just buy them out. If
you're at if you're telling them
yourself that I wish this person
would just go away forever, and
I'd never hear from them again,
the solution may be trying to
see if you could find a way to
resolve this with them. To buy
them out. My wish for you is to
never have to deal with a
difficult investor for you to
have hundreds and hundreds and
hundreds of very happy
investors, and all of them easy.
Unfortunately, that's probably
not going to happen. The more
investors you have, the more
likely it is you're going to end
up with a difficult one or two.
And it's just inevitable. It's
gonna happen as you keep going
down this game. Now, does that
mean we freak out and don't do
it? Absolutely not. Because it's
still worth it at the end of the
day, we just need to make sure
that we maintain control to keep
and difficult investors a from
becoming difficult, and then be
if they do become difficult ways
to manage that difficulty that
we're having with them.
Investors at the end of the day
are entitled to get what you
told them you were going to give
them. So they're entitled to
your very best work. And so they
should definitely get that
they're entitled to
communication and you should be
giving that to them as well.
They need to know what's going
on. When I'm talking about
difficult investors. I'm not
talking about people who have
just getting what they're
entitled to properly. They're
the people who take it to the
next step who are people who are
just over asking over annoying
criticizing things like that,
you will end up with one
unfortunately, it is a fact of
life. But hopefully this video
will help give you some guidance
in order to make it a little
less painful. Now my name is
Tilden Moschetti. I am a
syndication attorney with the
Moschetti syndication Law Group.
How do I know so much about
difficult investors because I've
had a few. I do a lot of deals
for myself in addition to
helping my clients put together
their own deals syndications
funds raise capital for their
businesses. Sometimes it happens
when they have a difficult
investor and I counsel them on
the best ways forward with that
too. Now if I can help you put
your syndication together your
fund together, raise money for
your business, under Regulation
D rule 506 B, or rule 506 C,
please give us a call. I'd be
happy to talk with you and
hopefully help keep you away
from having to deal with
difficult investors yourself.