As a silent partner in a flip, am I personally liable for a lawsuit filed against the partnership for the property?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

As a silent partner in a flip, am I personally liable for a lawsuit filed against the partnership for the property?

I was part of a silent investor in a group that funded project for an existing LLC with no written

agreement for the silent partners role in funding the project. The project completed with a

positive return, and the silent partners were paid out. Over a year after project completion, suit was filed over an alleged plumbing / permit issue, and the case was settled. The LLC is now coming back to the investor group to cover legal fees and settlement cost. Am I legally

required to pay the LLC what they are requesting?

Asked on March 25, 2018 under Business Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the partnership was a general partnership, whether you were a "silent" partner or not, you would be liable: all partners in a general partnership are liable if the partnership is liable. If you were a limited partner in a limited partnership, you would not be personally liable. If you partnership had no documents establishing or defining it, it would be a general partnership: a limited partnership must be specifically set up as one.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption