Reply from Anderson Business AdvisorsApr 26, 2021
After reviewing your file, I see where our service fell short of your expectations and the experience we strive to provide for our clients. I apologize for this and would like to continue the relationship and would appreciate the ability to rebuild the trust you initially placed with us when you engaged our services.
I think it is a mischaracterization to compare the work we have completed on your behalf as "very little value" in exchange for the 10k fee. The attorney who told you entity creation can be done "in 15 minutes or pay me $800" is absurd. There is more to setting up an asset protection structure than just filing the articles of organization with the state. When we work with a client we:
advise them on the proper type of entity for their business;
guide them on whether the entity should be manager or member-managed;
create the entities in a specific order to maintain business privacy;
prepare the articles of organization to keep their personal information off the state filing (anonymity);
obtain a registered agent and address in the state of organization;
determine the proper tax election for the business and make the EIN election with the IRS;
draft an appropriate operating agreement that is consistent with those mentioned above;
prepare all necessary resolutions and management agreements;
complete a unit or stock ledger for the business.
This work may seem inconsequential, but I can tell you that I have invested over 30k to create an LLC operating agreement from personal experience. I do not think it is unreasonable for you to have invested 10k to create the 21 LLCs and trusts we set up for you to protect your rental real estate.
Our service is far more than just the setting up of entities; it is also planning and advising. As you stated, we did not charge you an hourly fee for this service. We engage with new clients every day who attempted to set up structures, transfer real estate into entities, only to discover they made the wrong tax election, clouded title to their real estate, or triggered a transfer tax because they did not know the nuances of setting up these structures.
We are aware of the 6 months of seasoning to do a cash-out refi. We inform all our clients not to transfer property into a trust or LLC if they plan to refi within six months. In the cover letter we sent to you with your entities and deeds, we warned against recording the deed until you refinanced the property.
I do not understand your frustration with the EIDL and PPP program we offer. You engaged us to help you qualify for these funds. We guaranteed if we could not get you funding, we would refund your fee. As you stated, when you requested a refund, we returned your money. How did we fall short? Not everyone qualified for the level of funding they expected. We worked with over 1000 business owners like you to obtain funding. We had success with the overwhelming majority of these clients, but some were not eligible. Like you, we refunded their investment because we could not get the funding. I get how you might be upset if we did nothing and refused to refund your $2500, but that was not the case.
When selling your residence, you can exclude up to $250k per person if you have lived in the property for 2 out of the previous 5 years. If you have only lived in the home for one year, you are typically not entitled to this exclusion unless you meet one of the 3 enumerated exceptions, which provides a partial exemption. I do not know how you phrased the question to your strategist because I could not find an email in your file regarding this issue. Without additional information about why you might meet an exemption, the advice you were given is correct.
Ultimately, we want to work with you and repair the relationship. We value you as a client and appreciate your taking the time to leave us a review - even if it is not 5 stars. These reviews help us improve our service and spot issues some clients may be experiencing, and take corrective action. I hope you reconsider, and as one of the founding partners of Anderson, I would be happy to work with you directly to turn around your impression of our company.
-Clint Coons, Founding Partner Anderson Business Advisors