Question
Jonathan and Drew have decided to buy a house together to fix-up and hopefully sell for a big profit. Jonathan is a construction contractor, and
Jonathan and Drew have decided to buy a house together to fix-up and hopefully sell for a big profit. Jonathan is a construction contractor, and he plans to take full responsibility for designing and making all of the renovations to the house. Drew is a realtor and marketing expert, and he plans to take full responsibility for marketing, showing and ultimately selling the house. The house costs $100,000. Jonathan is going to pay $30,000 and Drew is going to pay $70,000. In return, they are going to split the profit 30% to Jonathan and 70% to Drew. Jonathan has much less in assets than Drew. In fact, Jonathan is using all of his savings to pay for his share of the house. Drew has flipped multiple houses and still has ample savings after paying for his share of the house. Jonathan and Drew are applying for a $150,000 construction loan from PNC Bank to fund their construction costs. The loan has a provision which provides that, if the house burns down or is otherwise substantially damaged as a result of construction failures, PNC Bank can immediately call on the full amount of the loan. The loan also provides that Jonathan and Drew are jointly and severally liable for the loan amount. Drew comes to you and wants to know what "joint and several liability" means, and whether he should agree to this language? Note: please be sure to explain why he should or should not accept this language.
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