Risks and disclosures
You accept this page with the Terms of Use when you set up your account. It applies to every offering and every figure in the Portal.
1. Figures in the Portal
- Actual project returns may differ significantly from projected returns.
- Figures labelled target or projected are EagleCap's estimates as of the date shown. They rest on assumptions that may prove wrong. They are not results.
- Past results do not predict future results.
- You can lose some or all of your investment.
2. About the offerings
- No offer or sale is made except through each offering's documents: the private placement memorandum, the subscription agreement and the operating agreement. Where the Portal and those documents differ, the documents control.
- These securities are not registered under the Securities Act of 1933 or any state law. They cannot be resold unless they are registered or an exemption applies, and each operating agreement also limits transfers.
- Neither the SEC nor any state securities regulator has reviewed or approved these offerings or confirmed that these materials are accurate or complete.
- Investments offered here are not bank deposits, are not insured by the FDIC or any government agency, and may lose value.
- A reservation holds your place; it is not an investment. You invest only when EagleCap accepts your signed subscription documents and your funds arrive.
3. Risks of investing in real estate
The value of a property and the corresponding equity of its owners ("Owners") will fluctuate based on the value of the property and the income the property generates. Though the potential risk of investing in multifamily housing is moderate, Owners can lose some or all of their investment by investing in a property. The property's value and rental income can be affected by many factors, and you should consider the specific risks presented below before investing.
General risks prior to closing on real property
These may include returns that are subject to change due to new discovery, changes in loan terms, occupancy, additional capital investment, owner decisions, and various factors involved in property management, and therefore EagleCap Legacy Wealth Partners ("Key Principals") and its affiliates do not guarantee these returns. These potential changes may also affect the feasibility of acquiring the property. Prior to acquisitions, several costs are incurred to pay for due diligence on real property. The prospective Owners agree to utilize their deposits to pay for these costs, though there is no guarantee from the Key Principals and affiliates that the property may close, or the date it will close. Potential Owners with 1031 exchanges should take appropriate precautions with their Exchange Accommodator to have appropriate backup alternatives.
General risks of owning real property
All Owners will be subject to the risks inherent in owning real property, including: income distributions are made as approved by the Key Principals and may not occur for a few months after closing to allow the property's cash flow to be verified and stabilized. As with any investment, distributions are not guaranteed. Each Owner's property values or rental and occupancy rates could go down due to general economic conditions, a weak market for real estate generally, changing supply and demand for certain types of properties, and natural disasters or man-made events. A property may be unable to attract and retain tenants, which means that rental income would decline. Each Owner could lose revenue if tenants don't pay rent, or if the Owners are forced to terminate a lease for nonpayment. Any disputes with tenants could also involve costly litigation. A property's profitability could go down if operating costs, such as property taxes, utilities, maintenance and insurance costs, go up in relation to gross rental income, or the property needs unanticipated repairs and renovations. A negative cash flow may require additional investment from the Owners should there be insufficient reserves.
General risks of property management
While the Key Principals manage the property, they do consult the Owners on property management activities and performance. Each Owner's property values, rental income, and operating expenses could vary up or down depending on the performance and diligence of both on-site and off-site management of the property manager and the accuracy of their financial accounting.
General risks of selling real estate
Among the risks of selling real estate investments are: the eventual sale price of the property might differ from its estimated or appraised value, leading to losses or reduced profits to each Owner. Because of the nature of real estate, the Owners might not be able to sell a property at a particular time for its full value, particularly in a poor market. This might make it difficult to raise cash quickly and also could lead to Owner losses.
Risks of borrowing
Among the risks of borrowing money and investing in a property subject to a mortgage are: the Owners may not be able to make the loan payments, which could result in a default on the loan. The lender then could foreclose on the underlying property and the Owners would lose the value of their investment in the foreclosed property. If the Owners obtain a mortgage loan that involves a balloon payment, there is a risk that the Owners may not be able to make the lump sum principal payment due under the loan at the end of the loan term, or otherwise obtain adequate refinancing. The Owners then may be forced to sell the property or other properties under unfavorable market conditions or default on the mortgage. If the Owners take out variable-rate loans, the Owners' returns may be volatile when interest rates are volatile.
Regulatory risks
Government regulation, including zoning laws, property taxes, fiscal, environmental, capital gains or 1031 exchange treatments, or other government policies, could operate or change in a way that hurts the Owners' property. For example, regulations could raise the cost of owning and maintaining properties or make it harder to sell, rent, finance or refinance properties due to the increased costs associated with regulatory compliance.
Environmental risks
The Owners may be liable for damage to the environment caused by hazardous substances used or found on their properties. Under various environmental regulations, the Owners may also be liable, as a current or previous property owner or mortgagee, for the cost of removing or cleaning up hazardous substances found on a property, even if they didn't know of and weren't responsible for the hazardous substances. If any hazardous substances are present or the Owners do not properly clean up any hazardous substances, or if the Owners fail to comply with regulations requiring them to actively monitor the business activities on their premises, the Owners may have difficulty selling or renting a property or be liable for monetary penalties. The cost of any required clean-up and the Owners' potential liability for environmental damage to a single real estate investment could exceed the value of the Owners' investment in the property, the property's value, or in an extreme case, a significant portion of the Owners' assets.
Uninsurable losses
Certain catastrophic losses (for example, from earthquakes, wars, terrorist acts, nuclear accidents, floods, or environmental or industrial hazards or accidents) are uninsurable or so expensive to insure against that it doesn't make sense to buy insurance for them. If a disaster that has not been insured against occurs, the Owners could lose both their original investment and any future profits from the property affected. In addition, some leases may permit a tenant to terminate its obligations in certain situations, regardless of whether those events are fully covered by insurance. In that case, the Owners would not receive rental income from the property while that tenant's space is vacant.
Risks of developing real estate or buying recently constructed properties
If developing real estate, there may be delays or unexpected increases in the cost of property development and construction due to strikes, bad weather, material shortages, increases in material and labor costs or other events. Because external factors may have changed from when the project was originally conceived (for example, slower growth in the local economy, higher interest rates, or overbuilding in the area), the property, if purchased when unleased, may not operate at the income and expense levels first projected or may not be developed in the way originally planned. The seller or other party may not be able to carry out any agreement to provide certain minimum levels of income, or that agreement could expire, which could reduce operating income and lower returns.
Appraisal risks
Real estate appraisals are only estimates of property values based on a professional's opinion and may not be accurate predictors of the amount Owners would actually receive if they sold a property. If an appraisal is too high, each Owner's value could go down upon reappraisal or if the property is sold for a lower price than the appraisal. If appraisals are too low, those who redeem prior to an adjustment to the valuation or a property sale will have received less than the true value of the Owners' assets.
General risks of mortgage loans
Owners will be subject to the risks inherent in making mortgage loans, including: deterioration in the financial condition of tenants, or the bankruptcy or insolvency of a major tenant, may adversely affect the income of a property, which could increase the likelihood that the Owners will default under their obligations. Since the mortgage loans used are usually non-recourse, the Owners must rely solely on the value of a property for its security. The larger the mortgage loan compared to the value of the property securing it, the greater the loan's risk. Upon default, Owners may not be able to sell the property for its estimated or appraised value. Also, certain liens on the property, such as mechanics or tax liens, may have priority over the Owners' security investment. The Owners may not be able to make a lump sum principal payment due under a mortgage loan at the end of the loan term, unless they can refinance the mortgage loan with another lender. If interest rates are volatile during the loan period, the Owners' variable rate mortgage loans could have lower yields.
4. Questions
Each offering's documents describe its own risks in full. Please read them, and ask your own advisors whether an investment suits you.
EagleCap Investor Relations
1360 N Louisiana St #A-751
Kennewick, WA 99336-7171
contact@eaglecapinvesting.com · (509) 308-5468 (weekdays, 9 to 5 Mountain)