CHAPTER 2
Seven Smart Strategies for Adding Value When Buying

This chapter is all about making smart decisions when buying a commercial investment property. First we look at the importance of having your down payment and financing together. Then we examine the benefits of leveraging done responsibly. Defining your property search objectives is covered next, followed by how to do a quick determination of value and how to choose a property that can be recession-proofed. Lastly, we discuss choosing the professional team members who will advise you, and some great tips on making and negotiating offers.

1. HAVE YOUR DOWN PAYMENT, PROFESSIONAL TEAM, AND FINANCING TOGETHER BEFORE YOU GO SHOPPING

Often beginners shop for financing with no experience and before they have a down payment or a team. Worse yet, they make offers first and then shop for their team and financing, after a seller is interested. Both of these methods are totally backwards and may waste your time along with everyone else's. If you do find the right property, do you really want to sabotage your chances for landing it with the listing agent and lender by conveying that you don't have the wherewithal to pull it off? Yes, first impressions really do matter. Here are some great steps to follow before you make your first offer:

  1. Get prequalified for financing at the beginning by an experienced commercial mortgage broker who is affiliated with many lenders. If you want to just use your bank, make sure that whoever is going to approve the loan reviews the submission package at the beginning. Get deeply involved with the lending process and find out what the qualifications are for the property and the borrower. (Prequalifying yourself for the loan programs you are interested in is gone over in detail in Chapter 11.) You need to know the maximum you can borrow for the property type, based on the property location, your experience, your down payment, and the property financials. You also need to know the closing costs and post-closing liquidity requirement ahead of time. Yes, lenders will not allow you to be broke right after closing—and this way you will know in advance if you need investors to raise additional equity. Lenders hate it when you tell them, “Oh, I know I don't have enough down, but I will raise the money.” You will also be finding out what the rate and terms look like, which you will need for filling out the purchase agreement.
  2. Get your team together at the beginning: this includes your investors, your lender or mortgage broker, your buyer's real estate broker, your property manager, and your real estate attorney. You want to inform your lender and the listing real estate broker about these people. If you do not have the down payment and closing costs needed, lenders will not waste their time with you. Read Chapter 3 on raising investors: it discusses bringing in a high-net-worth investor who could just act as a proxy. Offer to give them a very small percentage of ownership in the property (like 2%) for taking on this role. You can use their personal financial statement to prequalify for loans, and if needed switch them out for another high-net-worth investor down the road. The listing realtor will also likely want to see a strong personal financial statement plus verification of liquidity before signing a purchase contract with you.
  3. Get a letter of preapproval from a lender or commercial mortgage broker that you can attach to your letter of intent to purchase. This will give the listing broker and seller confidence that you will be able to close. Be prepared to also share with them a copy of your bank and/or security accounts to show proof of your down payment. You can have them sign a confidentiality agreement that prohibits them from sharing this information with anyone. If you do not have a strong enough personal financial statement or proof of down payment, read Chapter 4 for some great tips on how to get around this step and how to fake it until you make it.

2. USE LEVERAGE RESPONSIBLY

Who wouldn't want to get rich using other people's money? This is the best definition of leveraging. There is simply no better method of growing your net worth over time than buying commercial real estate and financing the majority of the purchase price. I work for many wealthy people. About a quarter of them did it the easy way—they inherited money. The rest used leverage to buy commercial property and get rich. But before we get started on the amazing benefits of leveraging, I'm going to put a damper on the discussion.

There are many get-rich gurus out there who will tell you that they can teach you to buy commercial real estate with 10% down—or better yet, no money down. Most of the programs these people run make money by selling books or coaching programs. At least twice a week our firm gets an inquiry call from someone who does not have any money and thinks that this is okay.

Here's the reality: the best of these mentoring programs work with investors who have a realistic amount of money to put down on a property and are moving from residential to commercial property investment. My friend and colleague Peter Harris is the author of Commercial Real Estate Investing For Dummies. He is also a principal at Commercial Real Estate Advisors, a mentoring/coaching firm. He will tell you that trying to buy with little or no money down is a waste of everybody's time. Nevertheless, if you have at least half of the down payment and are tenacious you can pull off getting into commercial real estate investing. He states that putting 20% down and getting the seller to carry the mortgage is the best way to get started if you do not have the experience to qualify for a conventional loan.

The majority of my highly leveraged clients did not make it through the Great Recession, and many in this group are struggling today to hang on to their properties during the coronavirus recession. They were doing what they thought was smart—putting every dime they could muster into buying another property. They would brag, “I have all my money making money for me. I'm not dumb enough to just let it sit there in the bank.” Many lost everything. But just about all of my borrowers who hung on to some cash for a rainy day and put 25% or more down made it through. In fact, many were able to pick up bargain properties that investors in the overleveraged group lost.

I met Laurence in 2000 when he applied for a loan to buy his first motel in Bakersfield, California. An elderly couple had turned it over to their kids, who ran it into the ground. It was a mom-and-pop business located on Interstate 5. Laurence had a good business plan to turn it into a flagged hotel using the Travelodge brand. I was able to get him an 80% SBA (Small Business Administration) loan and the sellers carried 10% in second position. It was a roaring success. A little over a year later he repeated this recipe and bought a second motel in Sacramento. By February of 2009 he no cash left, but he did have five motels all purchased with 10–15% down that were hanging on by the skin of their teeth. By 2011, he was working as a car salesman. To keep this from happening to you, keep your down payment to 20–25% or above and keep a minimum of 15% of your net worth in cash.

Now, let's get back to the amazing benefits of leveraging responsibly. Some might think that paying all cash for a smaller property and not having a mortgage is the way to go. But there is really no way this approach can compete with putting 20% down, taking out an 80% mortgage, and buying a larger property that will produce more income from operations and appreciation combined, plus more savings on taxes from higher depreciation. To illustrate this we will compare two income property investors, each of whom has $200,000 to invest in real estate. One buys residential—a duplex for $200,000 cash—and is proud to not have a mortgage payment. The other buys a 12-unit apartment building for $1,000,000 and puts 20% down (also $200,000). The vacancy rate and the expense ratio are the same for both investors. Both properties have net income that goes up 8% per year and appreciation that averages 6% per year.

It seems impressive that in five years the duplex buyer will have earned $174,057 in net cash flow and appreciation on their $200,000 investment, which is an annual internal rate of return of 17.4%. But it is much more remarkable that the apartment buyer earned $515,202 in net cash flow (after loan payments) and appreciation. That comes to a 51.5% annual internal rate of return and is $341,145 more than the duplex buyer earned in five years. The duplex owner's equity has grown by $72,097, which is a 36% increase. The apartment owner's equity has grown by $425,370, which is a whopping 213% increase. To top this off, the apartment building produces an annual tax shelter in depreciation of $29,090, compared with $5,818 for the duplex (see Table 2.1).

TABLE 2.1 Buying a Duplex with Cash Versus an Apartment Building with Leverage.

Note: Both have a $200,000 down payment.
Duplex
$1,200 per unit
12-unit apartment building
$850 per unit
Annual rent $28,000   $122,400
Less 5% vacancy   −1,400      −6,120
Adjusted rent     26,600    116,280
Less 32% expenses   −8,512   −37,209
Net operating income     18,088       79,071
Less annual debt service        −0     −51,535
Annual net cash flow     18,088      27,536
Property value in 5 years   272,097   1,360,489
Original price −200,000 −1,000,000
Capital gain     72,097      360,000
5-year net cash flow   101,960      155,221
Amount earned in 5 years   174,057      515,221
Equity in 5 years   272,097     625,370*
Annual Depreciation     5,818       29,090

Assumptions: Net operating income for both properties has been compounded at 8% per year for five years. Appreciation for both properties has been compounded at 6% per year for five years. The 80% mortgage on the apartment property is $800,000 at 5% interest with a 30-year amortization.

* Includes $65,370 in principal reductions on the mortgage after five years.

3. DEFINE YOUR PROPERTY SEARCH OBJECTIVES

Can you imagine how great it would feel to look for a property to buy knowing exactly what you want, what you qualify for, and what the parameters are? Being a proactive investor means you know from the beginning what you are looking for and have experienced team members to help you sort through a large stack of deals to find it. We're talking about not only knowing from the start what the property type will be, but also where you want to buy. What you want to achieve financially from the investment and what size and type of loan you need to get you there. What price range you can afford and your minimum acceptable cap rate. How to estimate the value and what your value-add objectives are. Who your team members will be and what strategies you will employ as a team to win the best deals.

The following sections describe eight objectives you should define at the beginning of your property search.

Property Type

If you are a beginning investor, consider choosing a property type based on the risk level shown in Chapter 1's section The Lowest-Risk Property Types to Choose. Many investors choose multifamily properties because of their lower risk if they have already owned one or more rental homes. This is a natural and good progression. Student housing properties take specialized management. Most other property types do best with experience. Flex-industrial properties are low risk and a good type for the newbie. Self-storage properties have a moderately low risk if you find one that has 85% or higher occupancy and they are one of the easiest commercial property types to manage (see Encyclopedia Topic A, Buying).

Property Age, Class, and Condition

Are you willing to pay more for a Class A or B property that is under 20 years old, is in excellent condition, and commands the highest rents? These properties weather the best during recessions. You certainly will not be getting calls on weekends that the heating or air conditioning system is broken. Or is a Class C property that is over 25 years old and needs a little work okay? Or are you looking for a fixer-upper?

Responsibility Level and Lifestyle

How will this property fit into your lifestyle? How much time will you have to put into overseeing it? If you want to do absolutely nothing except collect the rent, and you can afford it, you should choose a credit tenant triple net lease property. Apartment buildings, although low risk, require the most management. With poor management they can have a very high risk. Even if you have a decent property manager, you have to keep your eye on them constantly. Residential tenants just seem to demand a lot of attention and need oversight. Light industrial buildings with net leases on them have very few headaches. They have business tenants that take pride in keeping the premises in great condition. It is very unusual for one of these types of tenants to misbehave.

Market/Location

Where will you buy: in your neck of the woods or in another state? Before you can get an estimate on the financing you will qualify for, you will need to know where you will be buying. Most low-priced national lenders such as life companies are very fussy about the size of the market they will lend in; they prefer larger markets. Local community banks prefer lending in areas where they have branches and are usually not fond of out-of-area borrowers they cannot have a deposit relationship with. Are you going to buy in a primary market (population of 1,000,000 or more), a secondary market (population of 500,000–1,000,000), tertiary market (250,000–500,000), or a small market (under 250,000)? Larger markets have more industry and many more jobs and therefore involve a much lower risk than smaller markets. In addition, what kind of neighborhood are you interested in: urban, suburban, middle class, upper class, or blue collar? Are you willing to pay more for a more effluent or high-traffic location?

Lease and Tenant Objectives

If you are interested in buying an office, retail, or industrial property, what quality of leases are you looking for: gross leases—where the landlord pays all of the expenses—or single, double, or triple net leases—where the tenant pays some or all of the taxes, insurance, and maintenance? Also, what is your minimum acceptable average lease term left on the property? Better consult with your lender on this one. Many lenders take commercial tenants off the rent roll if there is less than a year remaining on their leases, and they get heartburn if there are too many month-to-month renters occupying a strip mall or apartment building.

What type of tenants do you want? For retail, office, and industrial properties, national tenants or those that have a well-established business with good credit ratings are best. Even better is if they have more than one location. For a multifamily property, do you have the stomach for mothering your renters and/or property manager? If not, don't choose student housing or a C-minus property in a low economic neighborhood.

Financial Objectives

Is the property going to be a long- or a short-term hold? Are you going to keep this property for retirement? What price range makes sense for your resources? Based on a discussion with a commercial mortgage broker, what type of mortgage can you qualify for and what size loan can you secure? What is your minimum acceptable cash on cash return and internal rate of return (Encyclopedia Topic A, Buying) on the money you invest? The first looks at how much annual income your cash injection (including renovation costs) will earn annually. The second looks at total earnings over time, including appreciation. Determining your minimum acceptable cap rate and tempering this with the reality of what similar properties are selling for can be sobering.

Financing Objectives

Based on the amount of cash you can raise for a down payment, how much can you borrow? What interest rate and terms do you need to make your financial objectives work? Are you looking for a long-term fixed rate or a short-term mortgage? Do you need to close on a distressed property fast? If so, you will likely need to find a bridge lender. You'll also need to estimate closing costs and allow for a certain amount of post-closing cash. Lenders usually like to see a minimum of either 10% of the loan or 12 months of mortgage payments in the bank after closing. If you do not have great credit or income and are willing to pay top dollar for a property, an owner-carry mortgage may be the way to go. These usually have high interest rates with short terms of two to five years. In that amount of time, you can improve your credit and finances, so you can refinance with a lower-rate conventional loan.

Value-Add Objectives

This is the fun one! What value-add opportunities will you be looking for? You may find yourself getting obsessed with creative thoughts about this when you first meet a property. Should you do some remodeling and raise rents through turning over tenants or just increase occupancy over time? Optimize lease potential by attracting better, higher-paying tenants or by adding more rentable square footage? Or is your goal to change zoning and/or density regulations or to repurpose the property for another use entirely? Chapter 7 has some great insights on this subject.

4. FOUR 15-MINUTE METHODS OF DETERMINING PROPERTY VALUE

Now that you know what type of commercial property you are most interested in and your objectives for the property, it's time to go shopping. When sorting through properties that fit your profile, how will you know which ones are a good buy? Many, or even most, will be overpriced. Most sellers know that they need to start out high so that they can come down a bit and end up at the price they really want. You'll need to determine what the property is actually worth. During the beginning of a recession this can be tricky, as comparable sales will likely be overpriced. You can use my Apartment Quick Analysis Spreadsheet or Commercial Property Quick Analysis Spreadsheet for each property you are seriously interested in to estimate a property's value based on cap rate and GRM (see Appendix A). You can find a downloadable Excel version of these spreadsheets on my website: https://apartmentloanstore.com.

For the four 15-minute methods of determining value, we are going to use a 16-unit apartment complex that catches your eye. It is priced at $2,200,000. Before you start, you need to find three similar properties that are currently for sale or have sold in the past year. If you are buying during a recession, use properties for sale through LoopNet or your real estate broker that are the same type and a size and quality similar to the targeted property. If you are not buying during a recession you will need to find three properties that have sold in the past year. You need to know the purchase price, cap rate, number of units or square feet, gross rents, and NOI for each property. Here are the four quick methods to determine value:

  1. Price per door or square foot quick valuation method. This method is really fast. Use the price per door for multifamily properties and price per square foot for all other commercial property types. Calculate the average price per unit or price per square foot for the three comparable properties and the subject property.

    Let's say that the average price per door is $144,400:

    equation

    Your property is priced on the low side at $2,200,000.

  2. Gross rent multiplier (GRM) quick valuation method. GRM is the purchase price divided by gross annual rent if the property is 100% occupied. The lower the GRM, the more rent you will be getting for the purchase price.

    Start out by calculating the GRM for the property you are interested in:

    equation

    Next calculate the GRM for each of the three comparable properties and the average GRM for all four properties. Let's say the average GRM is 8.95%:

    equation

    This confirms again that the subject property is priced on the low side.

  3. Cap rate quick valuation method. Capitalization rate, or cap rate, is annual net operating income (NOI) divided by the purchase price.

    Here is the cap rate for the subject property:

    equation

    Now calculate an average cap rate for the four properties.

    Subject Property NOI: $166,960/$2,200,000 purchase price = 7.6% cap rate

    Comparable Property 1: NOI $152,800/2,175,000 purchase price = 7.0% cap rate.

    Comparable Property 2: NOI $176,950/2,425,000 purchase price = 7.3% cap rate

    Comparable Property 3: NOI $140,600/1,995,000 purchase price = 7.0% cap rate

    To do this calculation even faster, you just average all the cap rates.

    Average of all four properties = 7.20% cap rate which would put the value of the subject property at $2,318,000. $166,960/$2,318,000 = 7.2%. Again, the subject property at $2,200,000 at a 7.6% cap rate is priced below market.

  4. Valuation average method. This only takes a few minutes. To get the most accurate indication of value for the subject property using a method that you can compute yourself, average the property value yielded from each of three approaches above:
    equation

5. CHOOSE A PROPERTY THAT CAN BE RECESSION-PROOFED

Sorry to start with a disclaimer, but with the exception of buying a commercial property occupied by a credit tenant like Walmart or the federal government that has an insanely high credit rating and 20 years or more remaining on the lease, nothing is truly recession-proof. The Gap, which had a fair credit rating of BB+ in March of 2019, was downgraded toward junk territory with a BB– a year later as a result of stiff competition from online sales and the start of the coronavirus recession. Then they stopped paying rent in April of 2020 after furloughing 80,000 employees and their credit rating tumbled further. The same month, Staples, Mattress Firm, and Subway stopped paying rent. These were all considered good tenants.

Does this mean that commercial property is just too risky to invest in? No. What it means is that just like in all recessions, the coronavirus recession—which was the worst economic tsunami to hit global financial markets since the Great Depression—nearly wiped out hospitality and wounded office and retail properties. Apartments, flex-industrial, self-storage, and mobile home parks seem to always make it through with much less pain.

Many of my clients are just sitting on the edge of their seats waiting for the next recession to hit. They have cash ready to grab good properties at great prices. For their existing properties, they put cash aside to protect them for the next recession, along with other recession-proofing strategies. They did this in the same way someone buying property in a storm surge area in Florida prepares for the inevitability of a hurricane. In a moment I share with you the 10 best recession-proofing strategies.

In most markets, a recession causes commercial real estate values to go down. This is because there is lower demand, and financing becomes more stringent, resulting in fewer buyers being able to qualify. Even though interest rates are usually low during recessions, lenders lend less by lowering their LTVs, raising vacancy, and raising their underwriting interest rate (Encyclopedia Topic H, Financing). Appraisers get pressured by lenders to lower valuations by having appraisals reflect lower occupancy, higher credit loss, and rent concessions.

According to Wikipedia, during the 60-year period between 1960 and 2020 there were 10 recessions in the United States, or an average of one every 6 years. If you are buying a commercial property and are planning on a long-term hold it would be smart to pick a strategy that will recession-proof you and your property. What you really want to know is this: If your occupancy takes a dive, how low can it go and still allow you to pay all expenses and your mortgage payment? Can you hang in there until things get better? What resources will you have to enable you to survive?

Which commercial property investors do the best during a recession? During the Great Recession that started in December 2007, my clients who had bought commercial properties with a long-term hold strategy weathered the storm better than those who planned on a short-term hold. The latter group intended to make a bundle in the future and pulled cash out to buy more properties. Although property values went down and occupancies dropped for properties held by many of the long-term hold borrowers, most made it through until occupancy and property values went up again. How did they pull this off? Most had chosen a more recession-friendly property and had enough cash or other sources of income to ride it out. In contrast, some short-term investors who had bought properties to rehab and flip got hurt because once they had completed the renovations the lease-up period was too long because the recession had already started. They just did not have enough capital left to make the mortgage payments, and many in this group lost their properties.

The 10 Best Recession-Proofing Strategies

  1. Have working capital and other sources of income. Yes, cash is king! There is absolutely nothing that can make you and your commercial property more recession-proof than a nice chunk of cash. Having additional sources of income is a lifesaver too. Working capital is a rainy day fund used to pay unplanned-for repairs, or in the event of a recession to help with expenses and even mortgage payments. Do a quick pro forma on your property to determine what the expenses and mortgage payment will average each month. Then for a multitenant property bring occupancy down to 65% and calculate the monthly shortage you have after paying all expenses and the mortgage. Your working capital fund should be 12 to 18 months of this shortage.
  2. Find a property with a break-even ratio that is 75% or lower. The break-even ratio tells you the minimum occupancy you need to pay all of your expenses and the mortgage on the property. Keeping this at 75% or lower is the next best recession safety strategy after having a stash of cash.
  3. Don't overleverage. Plan to reduce your personal debts and make sure that all your investment properties are purchased with at least 25% down. It's a lack of positive cash flow that ruins commercial property investors during a recession. One of my clients owned a beautiful historic eight-unit apartment building in San Francisco that was thriving through the Great Recession. But it was the four distressed apartment buildings in Sacramento purchased with 15% down seller financing that took him down. He lost the San Francisco property because he drained it of cash to cover the shortages on the Sacramento properties, which he ended up losing, too.
  4. Refinance with lower payments. Having lower payments on all the properties you own, including your home, will give you extra positive cash flow during a recession that can be used on investment properties that are not able to make it on their own.
  5. Buy a property at below its value. There is nothing better that you can do than to buy a property for an even lower price than what it is worth. Let's say that you brilliantly take $125,000 off a $1.5 million purchase price. Well, first of all, think about how long it would take for you to raise rents and lower expenses to earn an additional $125,000 from the property. Most importantly, this windfall will enable you to take out a smaller loan, thus lowering your monthly payments.
  6. Keep your rents below market. I know, this sounds like leaving a lot of money on the table. But think about it. During a recession, rents get lowered and some tenants move to less expensive properties. If you already have lower-than-market rents, your tenants won't be leaving and you will be attracting renters from more expensive properties. My client who owns a shopping center in Louisville, Kentucky, keeps his rents about 15% under market. I have scolded him for this. But his intention is to keep his property full during both good and bad times and he has. I have a client in Eugene, Oregon, who owns two apartment complexes, a 36 and a 61 unit. He made it through the Great Recession unharmed and is collecting 96% of his rents during the coronavirus recession. He says this is because his rents are lower than his competitors' in his submarket. He always stays full for the same reason. And during bad economic times his tenants don't want to risk losing their homes.
  7. Choose a recession-friendly property type. Multifamily, medical office, self-storage, and flex industrial properties, as well as mobile home parks and senior housing, have a much better chance of making it through a recession unscathed. In 2008, multifamily occupancy grew as more people lost their homes and moved into apartments. Many of the same people rented self-storage units to hold the stuff that did not fit in the apartment. Mobile home park occupancy stayed strong during the Great Recession. Flex industrial complexes weathered the recession too, with small spaces having reasonable rents occupied by a large variety of businesses.
  8. Don't buy at the top of the market. This is hard to do if you are buying during a seller's market. As mentioned in Chapter 1, little adds value to a property like not overpaying for it. In an up market you will have to work harder to find decent deals. If there are no good deals, just wait until the market comes down.
  9. Choose a multitenant property with many smaller units. If you buy a four-unit office or retail building and two tenants fail during a recession, you could be left with 50% occupancy and be underwater.

    Also, stay away from retail and office properties where one tenant occupies 20% or more of the total space. The exception to this rule is anchored retail.

  10. Find a property that has many value-add opportunities. Buy a property where you can do two or more of these lower-cost value adds: make cosmetic changes and raise rents, increase occupancy, lower general expenses, lower taxes and insurance, optimize lease potential, and attract higher paying tenants. Put together a buyer's pro forma that shows the financial gains from your value adds and that you will obtain a lower break-even ratio in the near future. Boy, does this make your property recession-proof!

6. CHOOSE THE BEST TEAM MEMBERS

Experienced successful commercial property investors have a team of professionals that they usually work with over and over. Consider yourself the president and these people your cabinet. They will advise you and help resolve problems, but the final decision is yours.

Buyer's Real Estate Broker

One of the first members on your team should be your own real estate broker, who will represent you as the buyer. Today, buyers often contact the listing broker when they find a property and just fall into working solely with that broker. Of course the listing broker is thrilled with this—after all, what could be better than not splitting the commission with a buyer's broker? Although uncommon, sometimes the listing broker refuses to split the commission with the buyer's broker. If this happens, buyers have to compensate their own broker. Using the listing broker to represent you is like using the defendant's attorney to represent you if you are the plaintiff in a lawsuit.

My client Jerry was buying a strip mall in Tucson. Four days before the due diligence period was going to run out and his earnest money was going to go hard (nonrefundable), he got the property inspection report in. All the roofs needed major repair or replacement. He got very stressed out working only with the listing agent. He did not have a buyer's broker representing him and it was futile to get the seller's broker to negotiate a lower sales price on his behalf. Talk about a conflict of interest! But he really wanted the property, so he paid the sales contract price and used his own money to do the repairs. Ouch!

Commercial Real Estate Attorney

When purchasing commercial real estate, I cannot stress enough how important it is to get an experienced commercial real estate attorney to represent you. Sure, your family attorney may be able to limp through the process, but this can add a lot of additional time and headache to the closing process. A commercial real estate attorney will have the expertise to review on your behalf the purchase agreement, preliminary title report, easements, encroachments, water rights, zoning ordinances, surveys, loan documents, closing statements, leases, and management contracts. If there are any complications you can refer them to your attorney, who will be a godsend in handling these complicated legalities.

Nancy, one of my best clients, decided to go with a non-recourse Freddie Mac loan to purchase a 74-unit apartment building. She insisted on using her family attorney. I knew this was going to be problematic when her lawyer allowed ambiguous language to remain in the due diligence clause in the purchase contract. We requested that her attorney write an attorney opinion letter stating that the limited liability company (LLC) that was going to own the property was set up correctly. This is standard procedure, but he did not know how to do it. The last straw was when her attorney, after reviewing the loan documents, told her to cancel the loan because I had lied to her about it being non-recourse (no personal guarantee required). He had reviewed what is called the bad-boy carve-outs (Encyclopedia Topic H, Financing), which converts the loan into a recourse loan if the borrower commits fraud with respect to the property. This is standard language in any non-recourse loan (Encyclopedia Topic H, Financing). The lawyer clearly did not understand non-recourse legalese. Because of additional legal mishaps caused by Nancy's attorney, it took an additional three weeks for the loan to close.

Lender or Commercial Mortgage Broker

A banker that knows and believes in you can certainly be a great asset. Keep in mind that a bank only has one lending program with one set of underwriting guidelines. Bank officers are often overworked and may not have the time to evaluate a property that you do not have an accepted offer on.

An experienced commercial mortgage broker will have more than a dozen programs and because they only get paid if they close loans, I assure you they will have the time to review many properties you are interested in for financing. Most will do this with a smile on their face and maybe do a few cartwheels for you. They are amazingly talented at steering you away from properties that are not what they appear to be. They will also be able to accurately prequalify you for the best loan programs. This is the best way to determine ahead of time the maximum amount you are qualified to borrow. They will also be pleased to write a generic letter of preapproval that can be attached to multiple letters of intent. Once you hit pay dirt on a property you can have them write a preapproval letter that applies specifically to that property.

Property Manager

Many of my clients only buy commercial properties where they already have good off-site property managers. Why? Because they can trust them to be the boots on the ground that handle all operations, especially keeping the tenants happy. Your lender will want to review the brochure or website for your property management company. Choosing a solid company will help you get a loan. Chapter 12 has in-depth advice on choosing the right property management company.

Here's another plus: when you find a property, you will want to compile a buyer's pro forma. You'll want to make this projection of income and expenses as accurate as possible. A local property manager can give you comparable rents in the market and an estimate of what expenses will run. This doesn't mean you have to commit to using this manager. Potential property managers will be looking to make a connection with you so that they can make a sale. They will be pleased to advise you. You will get some great value-add ideas from them about raising rents and lowering expenses

7. WINNING THE NUMBERS GAME——MAKING AND NEGOTIATING OFFERS

You really want this property. If you can just get the price down a bit it could pencil out. What's the most you can afford to pay for it based on your value adds, the break-even ratio, and your minimum acceptable cash on cash return and internal rate of return (Encyclopedia Topic A, Buying)? Putting together a buyer's pro forma will help you determine this.

Buyer's Pro Forma

This is the fun part. It should be enjoyable for you to put together a buyer's pro forma, which is a projection of income and expenses after your value-add strategies have been implemented for the next two to seven years. You will be raising rents and lowering expenses over time. So, for example, you may start out with a break-even ratio of 80%, but your pro forma shows that the ratio will come down to 72% in two years. Now you'll have confidence that your investment is recession-proof and that the property was a good buy. But you also need this pro forma to make sure you are making your minimum cash on cash return and internal rate of return. Go to Appendix A to see a sample of a seven-year budget pro forma. You can find a downloadable Excel version on my website: https://apartmentloanstore.com/.

Determining Your Highest Offer During a Seller's Market

During most of 2019, although most real estate investors were not aware of it, the United States was in the hyper-supply phase of the real estate market cycle. This meant that there was more supply than demand. Remarkably, prices remained high. They reached the point that many commercial properties were overpriced and not profitable for buyers, but—could you believe it—they were snatched up anyway because it was feared that prices would go even higher.

If you are making an offer in a competitive seller's market, how do you know the maximum amount you can safely pay for the property? Here are four methods. I recommend you use all of them on the same deal:

  1. Focus on your rate of return. Focus on buying at prices that give you the rate of return you want on your cash invested. You will have to look at a lot of overpriced properties to find these.
  2. Focus on your break-even ratio. As discussed previously, the break-even ratio determines, based on the seller's income and expenses, the occupancy you need to pay all of the property's expenses and the mortgage. If a property's break-even ratio is 80% or lower, it is likely safe to buy it at the seller's asking price. If it is higher than 80%, you'll need to either negotiate a lower price or walk away.
  3. Focus on your down payment and the amount that can be financed. The purchase price will determine how much needs to be put down and the size loan the property will qualify for. This is often the best handbrake for paying too much for a property.
  4. Don't buy during the hyper-supply phase. Go back to Chapter 1 and read the Four Phases of the Commercial Real Estate Market Cycle section and try to determine which phase you are in. If there are too many units of the property type you are interested in already on the market, and rental rates are flat or declining, this is a sign you are in the hyper-supply phase and you should wait to buy.

Determining Your Highest Offer During a Buyer's Market

Who would guess? The beginning of the recovery phase following a recession usually becomes such a solid buyer's market that often it is more competitive than during a seller's market. This is because there are so many more players—more buyers who are motivated to join the game because of so many great deals, and so many more sellers who have hit a brick wall and have to sell. Now the buyers are holding the cards. They don't seem to care if they practically steal a property and make a bundle on the seller's misfortune. So as a buyer in a down market, how do you know if you are getting the best price for a property? Here are three methods; I recommend you use all of them.

  1. Offer 15% less than the purchase price during a recession or recovery phase. At the beginning of a recession, sellers and their listing agents have a hard time accepting declining values, and prices on properties that have declining rent collections will likely be inflated by an average of 15%. Comparable values will be from a period when properties were stable and worth more. Determine what real estate cycle phase you are in. Take a look at the Four Phases of the Commercial Real Estate Market and the Best Time to Buy sections in Chapter 1. About seven months into the recession phase, many properties are in foreclosure and appraisers have lowered values. Determine what the property would appraise for based on its current NOI and market cap rate. This is one of the best times to snatch properties for great prices based on what distressed sellers owe the bank. Commercial property will still be priced at more than it will likely appraise for, so you should offer at least 10–15% less than the asking price. At the beginning of the next phase, the recovery phase, prices will be at the bottom. This is the best time to send out many lowball offers.
  2. Determine your offering price based on economic occupancy. Before making an offer on a property, ask what the physical and economic occupancy is (based on rent collected). If physical occupancy is at 90% and economic occupancy is at 70%, 20% of the tenants are not paying rent or paying on time. Based on current cap rates, base your offer on economic occupancy.
  3. Base your offer on the cost of money. Determine what you can afford to pay for the property based on the best financing you and the property qualify for. Then base your offer on what you can safely put down and the estimated return on your cash invested after loan payments.

Best Strategy for Making Offers

Expect a competitive market, whether it's up or down. Most buyers use letters of intent to make offers. These are not legally binding and are not meant to replace a purchase agreement, but quickly give the seller all the terms of your offer. If you can have dozens of these letters out on properties that you are interested in at the same time, you can really make some headway with this numbers game.

Negotiating the Sale Contract

Find out as much inside information about the seller as you can. Look at public records to see if there are back taxes owed on the property or if there has been any litigation. This is an indicator that the seller is going through financial stress and likely needs to sell. Maybe the seller is doing a 1031 exchange, has already found a replacement property, and needs to sell quickly. Maybe the owners are divorcing and need to sell. The seller will have done market research and is likely convinced that the property is worth the asking price or even more. If the property is overpriced, put yourself in their shoes and think about how you can motivate them to accept a more reasonable price. Try to set up a meeting with the seller directly and show them with facts and numbers why their price just will not work. Study Chapter 6 on how sellers and their listing brokers determine a property's maximum sales price. This will give you great insight into how sellers manipulate the price up, knowing that buyers are going to offer less and just where to negotiate a lower price.

Your buyer's broker can use a standard 20-page form to fill out the purchase and sale contract. For best results, the first draft of the purchase and sale contract should be written by your commercial real estate attorney, and you and your buyer's broker should review it. Your attorney will know best which side has the bigger stick for each clause of the contract. Also, your attorney stating that something must be stipulated in a particular way is much stronger than the same statement coming from a real estate broker. Ninety days is an optimum amount of time for the closing period for commercial deals, and between 45 and 60 days should be allowed for the due diligence period prior to your earnest money going hard. Sixty days is generally needed for financing, but you will need 90 days if the property inspection reveals unexpected needed repairs that must be bid on and negotiated. Be sure that all time periods start after you have in hand the property financials and all other information that you've requested from the seller. This will motivate the seller to gather those items quickly.

Your attorney will make sure that there are no contingency clauses missing in the contract. Contingencies are written to protect buyers from losing their earnest money due to a variety of circumstances. They are actually escape clauses for the buyer in the event of an adverse outcome pertaining to financing, property financials, property physical condition, leases, buyers intended use, environmental concerns, title, survey, water rights, zoning, and more If there is such an adverse outcome, the sale will be canceled and the buyer will receive their earnest money back.

How to Win the Numbers Game

Yes, this is a numbers game, even more so if it's a seller's market. For example, you might look at 40 properties that are for sale to find 4 that initially meet many of your objectives. You send letters of intent for those. One of those letters gets the listing agent's attention. But you are told that someone else is offering more. So you start all over again. But the good news is that at least you do know what you are looking for and have narrowed your search accordingly. Be sure to ask all of the brokers you talk with to look out for properties that meet your profile. Also, keep a database that lists the high-priority deals for which you've sent a letter of intent resulting in some interest from the listing agent. You should follow up on these every week or two. If you were told previously that there was already an offer on the property, it's possible that it has fallen through.

Jack, a client of mine, makes 20 or more lowball offers a week in North Texas and Southern Oklahoma. He attaches a generic preapproval letter to his letters of intent from me stating that he is qualified to buy the property. He doesn't have a chance to adequately evaluate these properties. His game is to fish in a large pond and play the numbers game. He almost never gets counteroffers, but eventually he will get a bite. And then during the due diligence phase he often finds the property wasn't what he thought it was and offers much less. Since the property was already priced low, this usually kills the deal. Then maybe in four to six months he hits a home run and closes at a great price. Even with all the time and effort involved, he feels it is worth it.

Why not try something more time effective? Give your property profile to several real estate brokers who specialize in the type of property you want and have them do most of the legwork for you. They will also have a network of property owners and might be able to secure an off-market deal for you.

Why not create your own leads? For a $600 annual investment you can subscribe to reonomy.com. It offers one of the largest national databases of commercial property owners in the country. It also can find the actual names of the owners of LLCs and provide contact info for them.

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