How do you get paid on creative deals?
I'm working with a client with assets without debt that is looking to acquire new assets, based on his equity.  Typical financing isn't likelly and a sale seems the best way to do this.  The client really just wants money to buy more as he'd prefer to realize his gains on what are now low cap properties and move to higher caps (with the intention of stabilizing them).

He is a pretty smart guy and has indicated he doesn't particularly give a shit if he sells them or not.  He'd be fine with taking in jp, selling debt against it, and a wide combination of things.  

He is pretty up front that he wants to make sure I get paid, and all funds are basically going to purchased which I will commission, but has been pretty clear if he gets offers he may counter back offering debt, asking them to sell debt, or some combo of jv with debt.   

I feel like I am getting into a dangerous area of securities and mortgage dealing if I commission that.  At the same time if I bring a buyer who say would buy it all for 1 at .1 and my guy counters why don't you originate a mortgage at .4 at x for 5 years instead that gets complicated.

I'm running him through my network of lenders, both hard and typical and am fine with that just being a helpful thing to get funds for acquisitions .  If I bring an actual buyer that gets conveted to a debt holder that gets much more complicated though. 

What does your contractual language look like to deal with that?   Any one had that happen?
[{"id": "czbfxb7", "text": "I wanted to wait to get into the office before I shot this your way.  For a JV, you could use the following (please check with your attorney before you write this up):\n\n\"If a joint venture is effected in lieu of a sale, a full sales commission shall be paid on the basis of the value of the property as determined for purposes of the joint venture agreement and the percentage interest thereof which is being conveyed to the joint venture or the joint venturers.\"\n\nIf the new party is just providing debt, with no JV or interest in the property... then it is more of a mortgage deal.  At that point, I would grab a mortgage guy and bring him in (to make sure you are covered on the paperwork side).\n\nFor reference, I am in California... I would check to make sure any of my comments would fly in your state. ", "replies": [{"id": "czf93gh", "text": "This is a good way to do it. Also I'd discuss with him the options of 1031 exchanges (if he sells outright) to defer taxes while realizing the gains on this current assets. Also seller financing may be an attractive option to both buyer and seller. He again gets to lock in his gains while deferring some of the tax hit with some guaranteed income over a period of years with interest. And if the buyer defaults he gets his own building back.", "replies": [], "depth": 2}], "depth": 1}, {"id": "czbv9vd", "text": "You should be charging 3 points on equity and 1 on debt. When you underwrite the transaction your final tab should be a Sources and Uses breakdown which shows where capital is coming from and what it is being spent on. Your fee should be included in the breakdown. ", "replies": [], "depth": 1}]