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Tag: massachusetts commercial real estate

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How Much Should You Set for Reserves?

If you are planning an acquisition or budgeting for your existing portfolio, you have asked yourself the question, "how much should I set for reserves?"

Recently, my friend John and I were chatting about how smart money follows a basic premise when making an acquisition decision.  John is a building engineer and his job is to analyze the segmented components of office buildings so that investment firms can understand what the useful life of each piece of the building may be.

John explained that on one building, his company learned that the window systems installed on the high-rise had 5 years remaining and that the report they produced noted the system's end-of -life and provided the client with an analysis of costs to replace the windows.  The client used this key report to set their reserves target over the 5 year period and plan adequately for the window system replacement.

One mistake we see many investors make is not adequately understanding the useful life of the building systems owned or being acquired.  When adequate reserves have not been set to meet the replacement and repair of the property, the owner scrambles to draw on credit lines, refinance the property, spend tenant security deposits, raise money through a capital call, or even resort to not repairing the problem.  Such behaviors can also raise the bank's attention to maintenance of the property and pose some problems for the owner when he is asked about necessary repairs.

If you are budgeting your reserves and are wondering how much to include, consider hiring a building engineer to analyze your property.  You might be delighted to know that planning for reserves is much easier when you have an idea of what to expect versus wondering what might go wrong in a few years or putting some money aside because that is what your colleague or banker told you to be the correct amount.

And if you are buying a building and have already planned for your engineering study, here is a tip:

Remember that reserves are savings.  They are not expenses because they are not recurring annual costs to operate the property.  What do you think the IRS would say if when you filed your return, you deducted reserves as an expense?

Reserves are designed to be spent as capital expenditures over a 5, 10, 15, or 20 year period.   That means when you calculate your net operating income, reserves should be placed below the line, not above it.  Most appraisers and banks will disagree because they like to account for reserves above the net operating income line partially because it ensures that sufficient cash flow is in place for replacements, but also because the added reserve line item reduces the net operating income and subsequently decreases the loan amount offered to the borrower.

When it comes time to sell the property, you either liquidate the reserves as part of your reversion, or leave the fund in place for the next owner.

About the Author: Jeremy Cyrier, CCIM is the President of MANSARD, a market research driven commercial real estate brokerage and advisory firm, and member of the CCIM Institute faculty.  You may reach Jeremy at Jeremy@Mansardcre.com. Get a free copy of The Essential 7 Step Guide to Filling Commercial Vacancies. Contact MANSARD's Brokerage Services here.
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Why Sell Your Commercial Real Estate and Pay Taxes?

If you're like most long-term commercial real estate investors, you're holding  your properties to avoid paying the capital gains tax.  I don't blame you. Who likes paying taxes, anyway?

No one.

But if you're like most long-term commercial real estate investors, you're also faced with a dilemma.  You're thinking of selling, but don't want to 1031 exchange into another property and you don't want to pay those taxes.

Should you pay your taxes or take your chances?

There are a few tricks you can use: estate planning, charitable remainder trusts, 1031 exchanges, installment sales, etc.  But what if none of these tactics suit your goals of selling your property, liquidating your equity, and moving on from commercial real estate ownership?

Bad news.  You may have to pay your taxes.

The Bush Tax Cuts provided us with a 15% Federal capital gains rate, which is one of the lowest rates since 1987.  This rate is was extended under the Obama administration through the end of 2012 and after that, all bets are off.

With the spending out of control in Washington D.C., repaying the debt must come from us, and a larger slice of your profits and depreciation will be one of the places the government targets.

The 2012 deadline means that you and I have no idea what the new capital gains rates will be.

Simply, let's say the capital gains rate increases by 10% to 25%, returning to 1996 levels.  A commercial property investor with $3,000,000 in profits would owe an additional $300,000 in capital gains taxes.  This amount may be survivable, but here's the sticky part.

The investor who buys your investment property plans for a 25% capital gains rate when he sells.  If he's planning to improve the commercial real estate by adding value, he's selling the building for a profit in the future. And when he calculates his profits, he allocates a portion of his proceeds to Uncle Sam, which means he'll offer you less for your property.

Now your $3,000,000 in profits equates to $2,500,000 as your buyer reformulates your market value.  You're down $500,000, plus your additional $250,000 in new capital gains taxes, which amounts to a $750,000 difference in your checking account.

Many owners I speak with tell me that they don't want to sell their commercial real estate because of the tax liability.   Who wants to sell a property and send 22.5% to the federal government?

I don't.

I believe, however, that by the end of 2012, 22.5% might seem like a bargain.

It's up to you.

Is it better to get out now and pay your taxes, or wait to see what happens in Washington, D.C? Please comment below.

About the Author: Jeremy Cyrier, CCIM is the President of MANSARD, a market research driven commercial real estate brokerage and advisory firm, and member of the CCIM Institute faculty.  You may reach Jeremy at Jeremy@Mansardcre.com.

Get a free copy of The Essential 7 Step Guide to Filling Commercial Vacancies.

Contact MANSARD's Brokerage Services here.

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Which Sales Approach Gets You the Highest Value - Pricing Low or High?

Could every landlord and seller have it wrong when it comes to making people buy at the highest possible price?  In my experience, commercial real estate investors believe that starting with a high asking price is the best way to achieve maximum value.  It makes sense and here's why.
  • It's expected that people make you offers for less than you're asking because it's the American Way.
  • When the initial price is set high, potential buyers are likely to think it's worth more.
  • You hope that someone will pay you more than you're willing to accept because you asked.
Here's where common sense and science disagree. Science has proven that lower asking prices can lead to a higher final sale price. Gillian Ku, a behavior scientist, and her colleagues studied this question (Read More in "Yes!" by Cialdini, Goldstein, and Martin) and concluded that there are 3 reasons why the lower asking price results in a higher final sale price than the other way around.
  1. Higher asking prices act as a barrier to entry. It's true that the larger your buyer pool, the more likely you'll receive the final sale price you desire.  Lower prices encourage participation by as many people as possible.
  2. The increase in buyer activity afforded by the lower asking price buyers acts as social proof to other prospective buyers that the opportunity is valuable. Remember, everyone wants what everyone wants.
  3. Buyers who spent time with an opportunity early on are likely spend more time and effort trying to buy. They're playing not to lose.  If they've  spent time and energy investigating the opportunity, they're more likely to stay with it and pay more.
There is one caveat, however.  Gillian Ku and her colleagues found that buyers must know that other buyers are interested, otherwise you constrain your traffic and your lower asking price is less effective.  For example, if your retail opportunity is listed under office buildings for sale, you have a problem. Here's how you apply this scientifically proven method to commercial real estate.
  • Start with a lower asking price.  Yes, it may feel awkward, but it works.
  • Don't participate in a "no asking price" offering. You'll alienate buyers who need guidance in the opportunity and don't have transparency into how much demand exists for the property. Plus, it will upset them and they'll refuse to compete for the opportunity, perceiving it to be a waste of time.
  • Make sure your commercial real estate broker provides your buyers and tenants with social proof for the opportunity by sharing metrics about lead flow, tours, proposals, etc.  Again, everyone wants what everyone wants.
  • Never limit your offering to a narrow pool of buyers.  Ask your broker if your opportunity is being offer to his "list of buyers" or the entire market.  Many buyers and brokers like the limited pool of buyer approach because the broker doubles his commission and does less work.  The buyers have less competition among each other. Ultimately, you pay more.  Insist that your opportunity be made available to the entire market immediately to generate the highest interest level possible.
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The 2 Most Important Words in Commercial Real Estate Investing

What are the two most important words in commercial real estate?  Some of you may have answered any of the following:
  • Cash Flow
  • Cap Rate
  • Income Property
  • Value Add
  • Debt & Equity
  • Sales Price
  • Purchase Price, etc.
If you answered the question with any of these two word commercial real estate investing combinations, I'd agree with you.  These are important words, but the most important words are yes and no. You do not have the opportunity to move forward with your opportunity without the words yes and no. Here's why:
  • Binary (yes/no) answers provide transparency into your deal.  You discover what's possible and what's not, allowing you to move your process forward.
  • It’s simple, limited in scope, and easy to understand. An owner wants to sell or he doesn't.  You want to buy or you don't.
  • “Maybe’s” and “I’ll think about it” are worthless.  The deal’s available or it isn’t. Most property owners are card players.  Their favorite expressions are designed to delay decision making for as long as possible while they gather more information from you and decide whether they want to do business.  These expressions are polite ways for them to say "no".  Give them permission to say "no" when you first meet, telling them there are no hard feelings if the opportunity is not a fit.  Not only will you diffuse the situation, but you'll uncover reasons why the deal may work for both of you.
  • With yes and no answers, you attain superior market intelligence because you see “what’s really out there.” When you obtain a yes/no outcome for  deals you evaluate, you gauge return expectations in the market, price flexibility, term possibilities, and an understanding of the problems owners face as well as whether you can solve them.
  • You accelerate your investment decision making and avoid wasting time on dead-end opportunities.
  • It’s guaranteed to produce investment opportunities unique to you.   If you're evaluating and opportunity that has been reviewed by many of your competitors and the answers they obtained were "maybe", "I'll think about it", "Why don't you come back to me with something", then no commitments exist for moving the conversation forward.  When you obtain a yes/no outcome with the opportunity, you choose to spend more time with the deal or move on, thereby increasing the number of opportunities you evaluate and likelihood for success.
  • When you have more information than anyone else, you minimize your risk and maximize your return.
  • Because no is a difficult word to say and when you or your adversary may be uncomfortable, therein lies your opportunity to unlock value.
1

Buy Low, Sell High

Buying low and selling high is a great idea, unless everyone else is thinking the same thing.
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Costly Mistake To Avoid When Investing in Commercial Real Estate

Many of you would like to close more commercial real estate deals but see your commercial real estate opportunities crushed when the first agreement is circulated.

The problem is that too many commercial real estate investors make the mistake of mishandling the transition of the meeting of the minds to the written word.

They short circuit their deal by circulating a written agreement that introduces new terms, pricing, and conditions that have not been discussed or agreed upon.

Here are 3 steps to ensure that your deal survives the transition of the meeting of the minds to the written word.

1.  Break down your agreement into business terms and legal terms. Negotiate your business terms in great detail.  Thoroughly. Create a term sheet to document the agreement.   Have all parties sign off on the term sheet.

2.  Prepare each party's expectations for legal term negotiations. Set expectations that the legal terms of the agreement will be revised so that your deal will have a greater likelihood of a successful outcome.

3.  If business terms reemerge, stop negotiating your legal terms and obtain consent from all parties to revisit your initial discussions. Be open and notify all involved that the conversation has changed.   You will build trust and emotional capital in your transaction that you can use to navigate challenges that will arise later in your deal.

Once agreed, circulate a final copy of the written agreement for signatures and keep your deal moving.

About the Author: Jeremy Cyrier, CCIM is the President of MANSARD, a market research driven commercial real estate brokerage and advisory firm, and member of the CCIM Institute faculty.  You may reach Jeremy at Jeremy@Mansardcre.com.

Get a free copy of The Essential 7 Step Guide to Filling Commercial Vacancies.

Contact MANSARD's Brokerage Services here.
7

How to Price a Risky Tenant When Investing in Commercial Real Estate

When successful commercial real estate investors lease their commercial real estate to a tenant of varying creditworthiness, they adjust for risk by altering rental rates, security deposits, guarantees, and improvement allowances, not the fees they pay commercial real estate brokers. Often, commercial real estate investors confuse the tenant's risk associated with the commercial real estate broker’s fee.  Andy Zezas, SIOR, a well-respected tenant rep broker, explains that if the landlord perceives the tenant's to be high risk, he tries to withhold or reduce payout, and if he perceives the tenant to be low to moderate risk, he may pay a market rate. Andy describes this practice as asking the broker to guarantee the tenant's creditworthiness below:
As for brokers acting as guarantor of the tenant’s creditworthiness and performance of lease obligations, that’s about as absurd as brokers guaranteeing landlord credit and performance. Brokers are fee-for-service professionals, not credit analysts, nor guarantors.
Andy's right and here's why. Imagine that you are a bank. Let's call your bank LBCCIM Washington Bank.  You lend money to generate fees for profit, which keeps your investors happy and continually making deposits with you. Your secret is that you are a savvy commercial real estate banker and lend intelligently to 3 types of borrowers:

1. AAA credit company.  You like the certainty of knowing that this borrower pays the loan on time and satisfies the covenants agreed to in the mortgage and promissory note. Because of the certainty of getting paid, you offer this borrower a low interest rate.

2. BBB credit company. They pay their bills. Sometimes they're late and they've renegotiated loans in the past.  You're aware that you carry some risk with this borrower and you offer them a higher interest rate.

3. CCC credit company. They are high risk, yet fit your lending profile and you're eager to get some money on the street.  You make the deal.  What interest rate will they pay?

It’s simple. The higher the risk the borrower poses, the higher the interest rate offered.  Higher risk = higher reward. Here’s one consideration for you. Nothing above has changed, except that borrowers AAA, BBB, and CCC have been introduced to you by an intermediary (let's call him your mortgage broker).  He is aware of the risks associated with each borrower, yet he knows that they all meet your lending criteria. You and your mortgage broker have agreed to a fee, equal to a percentage of whatever loan amount you lend. Who, then, should you be spending your time negotiating with when you are reviewing the AAA, BBB, and CCC borrowers, your borrower or your broker? Commercial real estate landlords face the same dilemma with tenants for their vacant space and the brokers who represent them. The next time you're concerned about your tenant's risk profile, ask your real estate advisor to analyze their financial statements and guide you to accurately price the tenant's risk into your commercial real estate investment plan.
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Top 10 Reasons Not to Hire a Commercial Real Estate Broker

Working with a commercial real estate broker is not for everyone. Commercial real estate investors and tenants choose not to hire a commercial real estate broker for several reasons. Here's a free checklist for you to use the next time you're wondering whether hiring a commercial real estate broker is really for you.

Top 10 Reasons Not to Hire a Commercial Real Estate Broker

10. You can save the commission.

9. You have found tenants for your building in the past.  You can do it again, filling your space for market rents, faster than your neighbors.

8. No one represents you better in a negotiation than you. You're objective and rarely lose your cool.

7. Marketing your opportunity won't be a problem. You know everyone in your commercial real estate investment market.

6. You made your money from off-market deals.   In fact, you've never bought a property listed by a commercial real estate broker.

5. You know the best lenders, commercial real estate attorneys, commercial real estate lenders, architects, engineers, environmental engineers, and construction firms in your commercial real estate investment market.

4. You have your CCIM designation.

3. You have a career's worth of experience in commercial real estate investing.

2. You spend 8-12 hours every weekday speaking with property owners, lenders, tenants, and commercial real estate brokers in order to stay current on the market and ahead of the best commercial investment property opportunities.

1. Your commercial real estate investing has fared well, there's absolutely nothing you would change, improve or could do better.

If you have suggestions for improvements to the "Top 10 Reasons Not to Hire a Commercial Real Estate Broker" list, please feel free to email me.  I'm happy to discuss any additions or alterations to the list you'd like to see.
2

How to Tenant Your Commercial Property at Closing

Ever dream of buying a commercial property for sale that's vacant and then tenant it the day you close? It's the best of both worlds.  You get the forced appreciation that the tenant creates and you buy at a value based on zero income. We've worked with investors who've structured such deals. Here are 4 tips on how they've done it: 1.  Find a broker selling an empty building and ask them about tenants interested in the property. Work the tenant relationships through the broker to purchase and tenant at closing.  Remember, most owners selling vacant buildings don't want to reinvest in the property, so they won't have interest in tenants wanting their space.  They want to sell. 2.  Find a broker with a tenant or two in his pocket in the market for space.  Offer to buy them a building when they find what they want.  When you're in the right place at the right time, you can hit a double, triple, or even a home run. 3.  Prospect tenants directly.  Call on your relationships with companies looking to relocate and offer to assist them as an owner-partner. You'll handle the acquisition and build out of what they need if they'll agree to commit to a long-term leasing relationship.  Retail developers who work with CVS, Walgreens, Walmart, etc. know what they're seeking. They find it, obtain commitment, then build it. 4.  Call local and regional contractors who contacted by companies pricing build-to-suit projects.  Offer to acquire the site and finance the construction. They earn fees. You keep the building and tenant. Our most successful transactions have involved repositioning empty buildings by obtaining letters of intent from tenants and then sourcing investors to purchase the property.  Our seller clients are happy to sell and our investor clients are thrilled at obtaining a building at a discount with immediate upside built into the acquisition because of the new leases we put in place.

Why Commercial Real Estate Is Not a Hammer and Nail Business

You've heard the expression, "When the only tool you have is a hammer, everything looks like a nail."  When you have one formula for capitalizing on commercial property investments, you try to make your deals work one way. A broker called to ask how we sold a commercial property investment he had competed against us to list. We sold the investment for 35% more than he estimated based on his review of the property's numbers.  It didn't add up. He took the owner's gross income, subtracted the vacancy/credit loss and operating expenses to derive the net operating income.  He applied a market cap rate to the deal, derived the commercial property's income value, made his recommendation and hoped to be hired for the listing. They didn't like his price. Here's why his hammer didn't work:
  • The owners were debt-free on this specific commercial property.
  • There were 3 stakeholders hoping to sell the investment for an above market value.
  • Cash flow was important to one because she was retiring during the sale.
  • The debt market was frozen and deals were difficult to finance.
  • One of the owners sought to pay off a primary residence mortgage with the sale proceeds.
After our stakeholder interest analysis, we presented a solution to the owners that allowed them to convert their equity to cash flow with an installment sale.  To achieve above market value, we sold the commercial property with below-market financing terms that gave the new owner ample cash flow to operate the property, pay his annual debt service, and time to secure new financing once the property was stabilized at its highest and best use. The recurring cash flow supported the owner looking for a retirement income.  We bypassed the debt market because the sellers carried the paper.  And we required the new owner to make a 17% down payment, which extinguished the other owner's mortgage obligation and paid for the cost of sale. If you haven't done an investment deal lately or are having trouble finding the "right" opportunity, start by looking at the property investment strategies you've been using.  Is there a pattern in your deals that could be your hammer and nail? To get different results, you have to try different things.  Put your hammer away and ask questions in the deals you're considering. You may find new information and new opportunities that will become new ways of making your investment goals come to fruition.
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