[WSBARP] Tie Breaker

[Roger Moss]

The partnership (and every) agreement should have a mediation clause, perhaps identifying a real estate expert as the primary go-to source. In mediation, that person might provide a mediator’s decision or convert process into med-arb if consensus is not reached.

Roger A. Moss, Esq. 
Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com

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> On Jan 17, 2020, at 11:45 AM, Robert Pampell <rpampell at swcp.com> wrote:
> 
> Maybe appoint a third party, i.e. outside, manager (in addition to the member-manager(s)).  That outside manager would have very limited duties, one of which is to break such ties.  The outside manager could only be removed by a supermajority vote of the members.
>  
> If these folks are overly concerned about potential deadlocks, maybe it’s time to examine whether there are underlying trust issues that need to be addressed.
>  
> Bob Pampell
>  
> From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of nestor at pplsweb.com <mailto:nestor at pplsweb.com>
> Sent: Friday, January 17, 2020 6:22 AM
> To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP] Tie Breaker
>  
> I have a client that is an LLC with 4 members that will be investing in real estate. The big issue is the “tie breaker” in the event of a deadlock. They have requested that I cast that vote (which I respectfully declined). I thought that they can agree to appoint another trusted third party, but even then the vote can be deadlocked. Any suggestions? 
>  
> Thanks.
>  
>  
> Nestor Gorfinkel, Attorney at Law
> Licensed in Washington & Florida
> Florida Civil-Law (International) Notary
>  
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