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LLC Question 135


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Question: I formed a Delaware LLC for the purpose of owning a share of Tenancy-in-Common real estate in New Mexico. The share and real property has been sold. The LLC is now a shell. Can I use the same LLC to buy another TIC elsewhere? If yes, what are the risks involved in perpetuating the LLC? If no, when should I dissolve the LLC and how?

Response: I assume you formed the LLC for liability protection in the ownership of the asset described above. If the only asset owned by the LLC has been sold and there are no contingencies in the sales contract (or ones with very minor risks), I do not see a problem with using the existing LLC as a vehicle for the purchase new real estate. But without a thorough investigation of the facts underlying a transaction, an attorney cannot really say what course of action best suites an individual's needs.

Submitted: 09/21/2007; W. Liu, California
Response: 09/21/2007; JJR


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