Dan Loves HousesCompass · Chicago

Chicago · 2 to 4 unit buildings

Do I Need an LLC to Buy a 2-Flat in Chicago?

No. You can buy your first building in your own name, and most first time buyers do.

An LLC is a company you set up to own things. Landlords use one to keep a building legally separate from the rest of what they own. It sounds like a must have. For a first building you live in, it usually is not. Waiting on one is the most common way this question costs people a good building.

The loan is the reason

The low down payment loans that make a 2-flat work are for people, not companies. If you plan to live in one unit and put 5% down, the lender writes that loan to you by name. An LLC cannot get it. Set up the LLC first and you lock yourself out of the loan that makes the building affordable. Buying in your own name keeps that door open.

How owners handle the risk part

The worry behind the LLC question is simple. What if someone gets hurt and sues? Most owners of a first building answer that with insurance instead. Your building policy comes with liability coverage. Many owners add an umbrella policy, which is extra coverage that sits on top of it, and it adds a lot of protection for a small yearly cost.

You can add an LLC later

Here is the part nobody explains. Since 2016, the rules behind many home loans let you move your building into an LLC you control after you close, without the bank calling the loan due. One catch: if you promised to live in the building for the first year, keep that promise first. So the order that works is simple. Buy in your own name. Live there. If an LLC makes sense down the road, set it up then. In Illinois it costs $150 to start one, plus a small state fee each year.

What we tell our buyers

Start with the building, not the paperwork. The right building in the right neighborhood does more for you than any legal setup ever will. A lawyer or accountant can tell you when an LLC starts earning its keep for your situation. For most people, that day comes after the first building, not before it.

If a 2-flat is on your mind and the LLC question is what has you stuck, reach out. You do not need an LLC, and you do not need to know exactly what you want yet. Most people who reach out don't.

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