A business owner approaches you to invest in his business. He comes up with an idea to “sell” a portion of his equity in the business. You listen to the business owner’s pitch and likes the idea. You decides to invest in exchange for “ownership.” The problem? Nothing is in writing, you have invested the money, and there is nothing that documents whether you are entitled to ownership, whether it was a loan, or perhaps even a gift.

I cannot tell you how many times I’ve seen something like that happen. I have seen people invest hundreds of thousands of dollars without a written agreement signed by the parties. It seems incredulous to me that someone could part with that without assurances in writing but I have seen it happen between friends and complete strangers alike. Why does this occur?

I think it boils down to trust. Most people are just too trusting. They believe things will work out and many do not want to confront or offend the other person. Maybe, they want to be the kind of person that does business by a handshake. Or, they’re just plain stupid (but I prefer the trust angle). So by all means have a healthy respect for your business partner, but make sure to get it in writing BEFORE you invest money in a business.

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Rush Nigut is a shareholder with the Brick Gentry Law Firm in West Des Moines, Iowa. His practice includes both transactional and litigation matters including franchising and business law. Rush started his legal blog, Rush on Business, in 2006. He has been quoted…

Rush Nigut is a shareholder with the Brick Gentry Law Firm in West Des Moines, Iowa. His practice includes both transactional and litigation matters including franchising and business law. Rush started his legal blog, Rush on Business, in 2006. He has been quoted or referenced by hundreds of other blogs, websites, and publications. He also is the editor of the Brick Gentry Trial Team blog and can help you identify the most qualified lawyer at Brick Gentry to handle your case. Our lawyers have a breadth of trial experience in personal injury, employment discrimination, business litigation, IP law, and class action cases.