Real Estate Llc Operating Agreement Template for United States

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Real Estate Llc Operating Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Real Estate Llc Operating Agreement

"I need a Real Estate LLC Operating Agreement for a manager-managed LLC with five passive investors, focused on acquiring and managing multi-family residential properties in California, with expected operations to commence March 2025."

Document background
The Real Estate LLC Operating Agreement is a foundational document used when establishing a Limited Liability Company for real estate investment, development, or management purposes in the United States. It is essential for entities engaging in real estate activities who wish to operate under the LLC structure, providing liability protection while maintaining operational flexibility. The agreement addresses crucial aspects such as capital contributions (both monetary and property), management responsibilities, profit distribution from property operations and sales, and decision-making procedures for real estate transactions. It must comply with state-specific LLC laws and consider federal tax implications, particularly regarding real estate operations and investment structures. This document is typically prepared during the LLC's formation but can be amended as the entity's real estate activities evolve.
Suggested Sections

1. Parties: Identifies all initial members and the LLC entity

2. Background: Explains the purpose of forming the LLC and its intended real estate activities

3. Definitions: Defines key terms used throughout the agreement, including real estate-specific terminology

4. Formation and Name: Details of LLC formation, name, registered agent, and principal office location

5. Purpose and Powers: Specific real estate activities the LLC will engage in and its general powers

6. Capital Contributions: Initial and additional capital contribution requirements, including property contributions

7. Membership Interests: Classes of membership, ownership percentages, and voting rights

8. Management Structure: Manager-managed or member-managed structure, roles, and responsibilities

9. Meetings and Voting: Procedures for member meetings and voting requirements for various decisions

10. Real Estate Operations: Procedures for property acquisition, management, leasing, and disposition

11. Distributions: Rules for distributing operating income, property sale proceeds, and refinancing proceeds

12. Tax Matters: Tax classifications, allocations, and distributions, including real estate tax considerations

13. Transfer Restrictions: Limitations on transferring membership interests and right of first refusal provisions

14. Dissolution and Liquidation: Process for winding up the LLC and distributing assets

15. General Provisions: Miscellaneous legal provisions including governing law, amendments, and notices

Optional Sections

1. Development Projects: Include when LLC will engage in real estate development, covering project approval and management

2. Property Management Services: Include when LLC will self-manage properties, detailing management responsibilities and fees

3. Buy-Sell Provisions: Include for closely-held LLCs, detailing trigger events and valuation methods

4. Special Purpose Entity Provisions: Include when required by lenders for single-asset isolation

5. Investment Committee: Include when LLC will have formal investment decision-making processes

6. REIT Compliance: Include if LLC needs to maintain REIT qualification requirements

7. International Investment: Include if LLC will invest in foreign real estate

8. Crowdfunding Provisions: Include if LLC will use crowdfunding for capital raising

Suggested Schedules

1. Schedule A - Member Information: List of members, capital contributions, and membership interests

2. Schedule B - Property Schedule: List of properties owned by the LLC with key details

3. Schedule C - Initial Officers: List of initial officers and their positions if manager-managed

4. Schedule D - Approved Property Management Agreement: Standard form of property management agreement

5. Schedule E - Approved Lease Form: Standard form of lease agreement

6. Appendix 1 - Capital Account Maintenance: Detailed rules for maintaining capital accounts

7. Appendix 2 - Tax Allocations: Detailed provisions for tax allocations and 704(b) compliance

8. Appendix 3 - Investment Guidelines: Detailed investment criteria and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Property Management

Real Estate Investment

Construction

Property Technology

Real Estate Finance

Hospitality

Retail Property

Industrial Property

Relevant Teams

Legal

Real Estate

Finance

Operations

Investment

Asset Management

Tax

Compliance

Development

Property Management

Acquisitions

Relevant Roles

Real Estate Attorney

Property Manager

Real Estate Developer

Investment Manager

Asset Manager

Chief Financial Officer

Real Estate Broker

Legal Counsel

Managing Director

Operations Manager

Real Estate Investment Analyst

Compliance Officer

Tax Manager

Development Director

Acquisitions Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Limited Liability Company Llc Operating Agreement

A US-governed legal document that establishes the ownership, management structure, and operational rules for a Limited Liability Company (LLC).

find out more

Bylaws And Operating Agreement

A combined bylaws and operating agreement document establishing governance and operational rules for U.S. business entities.

find out more

Limited Liability Company Contract

A US-governed Operating Agreement that establishes the structure, management, and operational framework of a Limited Liability Company (LLC), defining member rights and company governance.

find out more

Single Member Llc Operating Agreement

A U.S.-governed legal agreement establishing the structure and operations of a single-member LLC, outlining ownership rights and management responsibilities.

find out more

Llc Holding Company Operating Agreement

U.S.-governed operating agreement establishing the structure and governance framework for an LLC holding company, including membership rights and investment protocols.

find out more

Single Member Managed Llc Operating Agreement

A U.S. legal document establishing the governance structure and operating procedures for a single-member limited liability company, compliant with state and federal regulations.

find out more

Custom Operating Agreement

A US-governed agreement establishing the operating framework, member rights, and management structure for a Limited Liability Company (LLC).

find out more

Llp Operating Agreement

A U.S.-governed legal document establishing the operational framework and partner relationships in a Limited Liability Partnership, subject to federal and state partnership laws.

find out more

Limited Liability Operating Agreement

A U.S.-governed legal document establishing the operational framework, management structure, and member rights for a Limited Liability Company (LLC).

find out more

Single Member Operating Agreement

A U.S.-governed legal document establishing the structure, operations, and governance of a single-member Limited Liability Company (LLC).

find out more

Single Owner Llc Operating Agreement

A U.S.-governed legal document establishing the operating framework and governance structure for a single-member Limited Liability Company.

find out more

Limited Liability Company Operating Agreement

A US state law-governed agreement that establishes the internal rules, management structure, and member rights for a Limited Liability Company.

find out more

Limited Partnership Operating Agreement

A U.S.-governed agreement establishing the terms and conditions for operating a limited partnership, defining relationships between general and limited partners.

find out more

Llc Ownership Percentage Agreement

A U.S.-governed agreement that establishes and defines ownership percentages and related rights among LLC members.

find out more

Member Managed Operating Agreement

A U.S.-governed agreement establishing the structure and operations of a member-managed LLC, defining member rights, responsibilities, and company management procedures.

find out more

Online Operating Agreement

U.S.-governed LLC Operating Agreement adapted for digital operations and online business management, incorporating electronic transaction laws and cybersecurity provisions.

find out more

Operating Agreement For Member Managed Limited Liability Company

A U.S. state law-governed agreement establishing the rules, management structure, and member rights for a member-managed LLC.

find out more

Business Operating Agreement

A U.S.-governed legal document establishing the ownership, management structure, and operational procedures for a Limited Liability Company (LLC).

find out more

Limited Liability Company Operating Agreement Single Member

A U.S. legal document establishing the governance and operational framework for a single-member Limited Liability Company, defining ownership rights and management structure.

find out more

Operating Agreement For Single Member Llc

A U.S. legal document establishing the governance structure and operating rules for a single-member limited liability company under state and federal regulations.

find out more

Bylaws Operating Agreement

A foundational U.S. legal document that establishes the governance structure and operational rules for a Limited Liability Company (LLC).

find out more

Sole Proprietorship Operating Agreement

A U.S.-based legal document establishing the operational framework and governance structure for a sole proprietorship business, defining key business procedures and management protocols.

find out more

Multi Member Llc Operating Agreement

A U.S.-governed legal agreement establishing the structure, management, and operational framework for Limited Liability Companies with multiple members.

find out more

Member Managed Llc Operating Agreement

A U.S.-governed agreement establishing the operational framework for a member-managed LLC, defining member rights, responsibilities, and management procedures.

find out more

Real Estate Llc Operating Agreement

A U.S.-governed legal document establishing the structure, management, and operational framework for a real estate-focused Limited Liability Company.

find out more

Manager Managed Llc Operating Agreement

A U.S.-governed agreement establishing the framework and management structure for a manager-managed LLC, defining rights and responsibilities of managers and members.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.