Why Friends, Family, and Facebook Could Get You Sued
Ken McElroy Show
Ken McElroy
4.8 • 692 Ratings
🗓️ 17 April 2025
⏱️ 22 minutes
🧾️ Download transcript
Summary
Securities attorney Mauricio Rauld joins Ken McElroy to unpack the 7 most dangerous blind spots real estate investors face when raising capital. From misunderstanding what qualifies as a security to unknowingly committing advertising violations on social media, this conversation is a must-listen for anyone involved in syndication, startups, or capital raising.
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Visit Ken's Bookstore: https://kenmcelroy.com/bookstore
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ABOUT KEN: Ken is the author of the bestselling books The ABC’s of Real Estate Investing, The Advanced Guide to Real Estate Investing, and The ABC’s of Property Management. With over two decades of experience in real estate investing, Ken McElroy is passionate about sharing the good life by helping real estate investors grow and prosper. This podcast is a place for Ken to discuss numerous topics connected to real estate investing, including finance, budgeting, the entrepreneur mindset, and creating passive income. Ken offers a wealth of personal experiences, practical advice, success stories, and even some informative setbacks, all presented here to educate and inspire. Whether you’re a new or seasoned investor, the information and resources on this channel will set you on a path where you and your investments can thrive.
Ken's company: https://mccompanies.com
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Transcript
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| 0:00.0 | So I know there's a gap when people first start their first investment until they buy something |
| 0:07.5 | where they don't have a lot of money and they don't have a team and they don't have an attorney |
| 0:11.8 | and it's all kind of funded later and they build that over time, right? |
| 0:16.0 | And there's some massive risks there. |
| 0:17.9 | Yeah, it's a huge problem. |
| 0:18.9 | I first realized this when I was over at my old firm, Premier Law Group, you know, I was |
| 0:23.0 | getting all these questions from syndicators, like legitimate legal questions about, can I do |
| 0:27.3 | this, can I not do that, or hey, I've got the social media post, can I post it, all these |
| 0:30.6 | questions. |
| 0:31.6 | And I was like, you're not my client. |
| 0:33.6 | Why don't you talk to your securities attorney, right? Like, why don't you talk to your SEC attorney? And I realized that a lot of them didn't have a securities attorney because they weren't quite ready, right? |
| 0:43.3 | Usually the SEC attorney comes in towards the end of the process when you're already in real estate once you're in contract. |
| 0:49.4 | So once you get in a contract to a building, that's when you bring in the SEC attorney. |
| 0:52.3 | But then there's that huge gap, that timeline from when you're starting to when you hire the attorney. And there's a massive |
| 0:58.6 | compliance gap, right? I call it the syndication, syndicator blind spot. Yeah. Because syndicators are |
| 1:05.3 | out there doing things, going to meetups, communicating, posting on social media, going to podcast, |
| 1:10.4 | not realizing |
| 1:11.6 | that there's all of these landmines out there and they're stepping on them, not even knowing. |
| 1:16.6 | Like when people say, you know, I speak at your event, I speak a lot of events, I always say, |
| 1:21.6 | hey, what's the biggest fear that you have? What's the biggest concern you have about raising capital? |
| 1:25.6 | It's always, I'm worried that I |
| 1:27.9 | don't know what I don't know. And it's during that gap that that is the most concerning because you |
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