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Due Diligence Check List for Commercial Real Estate
Posted by: | CommentsDue Diligence Process
Level 1
Financial
• Current rent rolls
• Operating and capital budget
• Operating statements YTD or 12 months running (certified)
• Discrepancies between rent roll and actual occupancy
• Unit mix or certified square footage
o Respective rents
• Existing financing or liens on property
• Check of value
o Cap rate
o Cost/Unit
o Cost/Sq Foot
o Gross Rent Multiplier
o Replacement Cost
• Understand staffing costs
o All current employees
• Name
• Job title and description
• Pay rate
o Benefits
General
• Physical confirmation of property conditions through site walkthrough
• View all vacant spaces to determine what capital would be required to induce a
new tenant
• View all common areas and base building areas
• Interview management team, leasing personnel, handyman (scope of work,
employee or contract labor, rate)
• Machinery/Equipment
o Office Equipment
o Maintenance Equipment
o Tools
o Vehicles
o Other
• Supplies
Physical
• Physical confirmation of property conditions through site walk through
• Property zoning classification
• View all base building areas, all floors, central plant, roof, exterior wall
• View all areas of building exterior and interior common areas
• Walk property line, photographs
• Night Inspection
o Security and lighting
• Review all architectural and engineering documents related to property
• Street size, congestion, condition, accessibility into property
• Biggest recurring maintenance problem
• Vacant sites on property (potential to expand existing property)
Level 2
Financial
• Add: Rent rolls, Operating Statements (certified), Capital Expenditures past 3
years
o Operating Income statements for past 3 years
o Balance sheet statements for past 3 years
o Tax returns for past 3 years
o Chart of accounts
o Accounts Receivable:
• Rents (Rate, due dates, history)
• Misc. Income sources
• Home sales, leases, rent/lease option, notes, contracts
• Bank accounts, deposits, other financial assets
o Accounts payable:
• Purchase orders
• Open/credit accounts
• Petty cash
• Notes payable
o Approved vendors
o Contracts
• Copies of every lease on rent roll
o Include names, addresses, current amount, deposits, rent history, estoppel
certificates, late fees, NSF, collection)
• Schedule for rent increases
• Estoppels from no less than 75% of tenants in commercial building, including
ALL tenants expiring or renewing in next 3 years and ALL tenants leasing over
10% of the building area
• Determine if any change in property taxes (Do taxes break out cost of land?)
• Pull original land purchase price on project
• Understand all transaction costs
o Real estate commission, if any
o Legal fees pursuant to transaction
o Accounting fees relative to financial statement review and pro forma
preparation
o Possible acquisition fee if an advisor’s services are utilized
o Title-related costs (insurance)
o Mortgage costs (points and closing fees)
o Appraisal
o Inspection
o Engineering reports/survey
o Environmental study
• Recalculate:
o Cap rate
o Cost/unit
o Cost/sq ft
o 1st year cash-on-cash
o 1st year total ROI
• Investigate financing possibilities
General
• Thorough understanding of the workings of the property under current setup
o Policies/procedures Manual
o Move in & move out procedures
o Existent files for residents, vendors, etc
o Emergency notebook
o Leases (written or verbal)
o Deposits/administrative fees
o Software used including maintenance and support
o Office supplies
o Forms/letterheads
• Interview all tenants on estoppel list to confirm information provided by seller
o Ask about problem areas—Management, physical property/structure, etc
• Delinquent units
• Confirm all information received against information developed through
investigation
• Develop a trust quotient with Seller
• Name and contact info for existing Insurance agent and coverage
o Copy of existing policy
o Workmen’s comp, liability, bond, hazard
• Local commercial agent
o What do apts sell for
o What are current rents
o What would comparable structure sell for
o Sales info for other groups in same area
o Average per capita of storage square footage
• Local residential agent
• Look into local advertising
o Current yellow pages cost
o Yellow book
• What percentage of competitors are in Yellow book
o Other avenues
• Local transactional real estate attorney
• Local Industry contacts i.e. Applicable associations
• Location of local:
o Post office
o Bank
o Schools
o Stores
o Employers
o Public Transportation
• Local rent survey, average rates for standard units
o Last 2 completed by Seller
o Over last 5-10 years if possible
o Check local newspapers for ads, etc.
o Local telephone directory and Yellow book for ads
o List of local competing retailers
o Evaluation Seller’s currently used ads, signage, brochures, etc.
o Chamber of Commerce packet
o Verify occupancy, rates fees charged, security systems
o Phone call and physical visit to each competing property (See
supplemental “Market Study” form)
• Pictures if permissible
• Interview managers
• Name of off-site management company
• Need copies of permits:
o All city and county permits
o Storm water management permit
o Consumption use permit
o Water supply permits
o Pool, Jacuzzi, etc.
• Learn about local laws
o Leases
o Evictions
o Regulation
o Licenses
Regulatory Agencies
• Board of health
o Copy of license
o Property records
o Pool and Jacuzzi reports
o Violation notices, if any
• Building department
o Talk with inspector
o Planning for other similar projects
o Ease of permitting
o Name of good roofer
o Name of good inspection company
o Building costs
o Name of good appraiser
o Certificates of occupancy
o Permits in force
o Local codes
o Known violations and records thereof
• Engineering Department
o Drainage information
o Local soil maps
o Proposed area improvements and related assessments
o Impact fees
o Utilities concerns
• Sewer, water, electrical and gas
• DER-EPA (Dept of Environmental regulation and environmental protection
agency)
o Wastewater treatment plant discharge permit
o Effluent testing results
o Flow records
o Treatment plant violations
o Domestic water supply permit
o Domestic water test results,
o Domestic water violations
o Domestic water flow records.
• City Planning—talk to senior planner
o Current new building permits for projects under development
o Path of development
o Floodplain maps
o Impact fees?
o Barriers to entry
o Ease of permitting
o Zoning in 4 mile radius
o Zoning in our area
o Special zoning?
• Map
o Thoughts of over-building of ________(student housing, self storage, etc)
• Tax assessors
o How much will property taxes be after sale
o How often do they reassess
o Name of good appraiser
• Better business bureau
• Chamber of commerce
o Growth statistics
o Boom bust economy
o Typical job types
o Projected growth areas
o Path of development
• Register of Deeds (or possibly a title company)
o Property ownership
o Eases and Encumbrances
o Legal description and acreage
Utilities
• Copies of meter record for both treatment plant and water supply wells
o Sewage treatment plant and water supply records
• Approvals for water sanitary collection system
• Approvals for domestic water distribution system
• Utilities Department
o Sewer and water rates
o Tap-in fees
o Impact fees
o Sewer and water capacity requirements
• Utilities commission
o Rules, regulation and status of utility
• Drainage district
• Name and contact info for gas and electric utility company
o Types of approved units
o Who owns and maintains
• Name and Contact info for telephone company
• Trash collection
• Name and contact info Cable television
o Who owns system
o Who maintains system
o Who invoices users
o Existence of a formal agreement between property and cable company
• Can it be renegotiated
Physical
• Professional contractor inspection
• Maintenance
o Evaluation
o Deferred maintenance items
o Obsolescence (how/why)
• Night Inspection
o Security and lighting
• Street plans with utilities identified
• Roof condition
• Boundary survey including all easements and encumberances
• Retrieve air quality samples
• Drainage type and adequacy
• Sewerage handling and adequacy
• Irrigation system
• Floodplain presence
• Vegetation and maintenance
• Environmental issues
• Inspect all maintenance records and interview supervisors in charge of critical
areas
• Receive copies of all documents related to mandatory inspections ADA/TDLR
compliance, ACM inspections, etc.
• Develop 5-10 year Capital plan for property, price projects, schedule out
o 2 Bids on cost of major improvements
o Cost for installing security, alarms, video
• Research any problems with elevators, other equipment
Fire/Life safety system status
• Type of building structure, any below grade levels, soil type
• Type of building cooling and heating systems
• Vertical transportation systems
• Type, age, and condition of roof (warranty)
• General assessment of leaks and exterior wall condition
• Elevators up to ASME A17.3 standards (Texas)
Red Flags
• Seller balks at providing records or access as committed in contract
• Stained ceiling tiles around the perimeter of the building (or shrinking
gaskets/joint failure)
• Dirty mechanical and electrical closets
• Poor maintenance and inspection records
• Financial records or estoppels not available
• Significant error in process or accounting
Wrap Mortgage ( A.k.a. Wrap-Around Mortgage): What is It?
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Jefferson Memorial was purchased on a Wrap.....okay okay...that is not true
Greetings from Washington D.C. (actually…not anymore…but when I wrote this…that’s where I was…as if you cared). Still my favorite metropolis (other than Cedar Crest, NM…of course).
Anyway….
With all that is happening with our economy, specifically, lenders not lending. Creative financing (owner financing) is showing up a lot more. Great for us…the investors.
In most cases, many of the “owner financing” deals have an existing mortgage in place. So…for a seller to sell his/her asset with seller financing, the seller may choose to sell via a Wrap Mortgage. What in the world is a Wrap Mortgage, a.k.a, a Wrap-Around Mortgage?
I have seen many definitions for a “Wrap Mortgage.” But for us, the investors, a “wrap” is basically taking the existing asset’s mortgage and wrapping it (hence the word “wrap”) with a brand new mortgage. In other words, a new legal document is created that refers to the existing mortgage (first position) but with the wrap mortgage now making the new owner liable. The beauty here is, the new owner is only liable to the seller. The “Seller” is still liable to the original lender.
****Note….A “true” Wrap is NOT an assumption….at least what I am defining here as a Wrap.
There is a lot more to this but the above is the general idea.
Many investors and sellers get a little jumpy when they find out there is a “Due on Sale” clause in the original mortgage when selling an asset creatively. A “Due On Sale Clause” is simply where the lender can call a loan due if certain points of the mortgage are compromised i.e., a “wrap mortgage.”
Have I ever experienced a lender initiate a “Due On Sale” clause? No. Have I heard of other investors have to deal with a lender exercising the “Due On Sale” clause? Yes…but only in a residential investment he or she bought on a wrap. But….that was the only one. Even in that instance, the lender worked with the investor on refinancing the asset. Go figure!
I have yet to experience or hear of it on a commercial deal specifically due to a “wrap mortgage” transaction. That is not to say that it does not happen. But my question is, will a lender excercise the Due on Sale clause on a performing note? I doubt it….but none-the-less it is a possible downside.
Just a few more thoughts regarding a Wrap:
1) the terms of first-position mortgage may or may not be reflected in the Wrap. Usually, the terms are negotiable with the first-position mortgage being the base line.
2) Legal instruments are used to put the Wrap in place, i.e., REC (Real Estate Contract). Usually, in a commercial transaction, the documents are a little more sophisticated (uhh…hmm…more complicated since attorneys are involved).
3) In some cases, an escrow company or attorney is used for the ongoing management of the transaction. In other words, a third party is usually used to make sure payments are collected from the new owner and payments are made to the first-position lender. This protects both parties.
Of course, there is a lot more detail involved but overall….I love buying assets with owner financing and a Wrap is a great tool.
Until next time…..rob
Questions To Ask Your Financial Planner…..
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The Real Wealth Expert Panel
Greetings from the metropolis of Cedar Crest, NM!
Today’s post comes from a question from a friend of mine. It is a detour from real estate, but like most of us, we have investments in different types of vehicles….stocks and mutual funds for example. So…I thought this may be helpful for some of you…..
Rob, I have a meeting with my financial planner next Tuesday. I primarily invest in mutual funds and stocks. My portfolio has dwindled buy 50%. I would like to know what questions I should ask my financial planner in order to right the ship.
I took the question to my good friends Emily and Steve….you can read both of their replies below….
There is a lot of information here….so feel free to print out…..
Response from Emily:
Hi Rob,
Emily Cressey Real Estate Investor and Coach
I think it’s a great question, and I would be glad to weigh in with some thoughts.
There’s nothing like suffering a down market to make you stop and re-evaluate your investment strategy.
However, a down or volatile market is rarely the best time to sell off mutual funds. These are the days to stick to your strategy and dollar-cost-average your way into the market while prices are low. (As I write this, I don’t think the market is particularly low or undervalued, I’m just speaking in general about when the market is “down.”)
Most mutual fund investors invest for the long term with the assumption that the market will go up approximately 11% a year on average. However, with the current political climate and anticipated changes in increased government spending and government debt, as well as the potential government-takeover of the private medical sector, I think it’s reasonable to question these underlying assumptions, and hedge your bets a bit in case the next 100 years in the stock market don’t perform as well as the prior 80 years have.
One of the biggest things to look at is your asset allocation.
Within the stock market, you may have created some diversity. Personally I invest in the following funds:
- S&P 500 – 35% of portfolio
- Small and Midcap Index Fund – 35% of Portfolio
- Total International Fund: 25%
- REITS: 5%
I don’t have a larger share of REITS because I have real estate investments outside of my stock investments.I am more heavily invested internationally now than I have been in the past due to concerns about the future of the US economy.
I hold no bonds because their primary purpose in a securities portfolio is generally to provide stability – at the cost of lower returns. I am young enough that I don’t seek security in my portfolio at this time. I am chasing the higher returns. This may change as I get nearer to the age at which I plan to start pulling money out of the portfolio or living off its returns.
I do have about 5-10% of my investable assests available as liquid cash reserves that are available to invest in various things including real estate or stock should an excellent opportunity present itself. This also lends some stability to the portfolio should something terrible happen.
In addition, I keep a 6-month emergency reserve for my family, separate savings accounts to save up for things like furniture or a new car, and operating capital for my businesses in case a rental property goes vacant or I need to do a repair on a house, pay my accountant, etc.
I think as far as questions to ask your financial planner go, I would focus on evaluating your overall portfolio strategy at this time to see if it still meets your needs. Do you have the cash reserves, the portfolio-stabilizing bonds and cash, and the life insurance and operating capital you need to meet your needs? Are you comfortable with the overall risk and return of the assets you are holding? Do you need to re-balance anything? And finally are there other asset classes that it makes sense for you to diversify into… real estate you own and operate, businesses, private mortgages, gold, etc. My parents says their best-performing asset last year was a loan they made to me. Personally, my cash-flow real estate is doing well, it’s always nice to get checks in the mail!
There are lots of ways to invest – but they are not all “easy” things for your financial planner to sell. If you are willing to put the time into other types of investments, start with some books at the library (Or this blog, if it’s commercial real estate), and find out what people do who are successful with those investments, and what the risks are, as well as the ramp-up-time.
A lot of people are risk-tolerant on paper, but then when there is a shake-up, they have trouble staying the course. It’s no fun to lose a million bucks just because the stock market has a bad day.
If you’re not comfortable with the losses you’ve taken, don’t just “Sell” to stabilize things, but look toward starting to buy some different asset classes that will create a more stable base for your net worth.
Also, remember to see what you need to do for your different goals – saving for kids college is a much different time line and should have a different strategy than saving for retirement.
I invest for retirement and my son’s college separately. Our goal is 20% of our income going into retirement savings. After we’ve covered that, our extra savings goes into paying down our mortgage. Currently we’re not putting any more money into real estate at the moment, because it already represents a significant chunk of our assets, and we’re trying to diversify a bit to spread out the risk and return. The nice thing about paying down debt is that you get an immediate, guaranteed, tax-free return!
Well, that was long-winded, but it hopefully will give you some good things to think about.
The challenge about financial planning in the abstract is that there is so much that is about YOU, and your situation, and not just “What the book says.” I think you’ll have a great conversation with your financial advisor, and please let us know if you have any further questions!
Response from Steve:
Rob,
Before I give my answer to your friend’s question, I’m going to answer a that wasn’t
asked but that I believe is very relevant …“How can I optimally work with any advisors”?
I strongly believe in and use advisors myself (attorneys, book-keepers,
CPA’s, physical training, financial mentoring, business mentoring and have
in the past used financial planners for years).I believe three of the most significant keys to the effectiveness of your
advisors are:1. Are my advisors really advising me for my best interest?
Are they teaching me HOW to think about things or just saying “do this”?
You of course have to expect and ask for this as often people want to take
the easy way out and just have someone tell them what they need to do. For
example I really like my Iron-Man triathlon coach … except she doesn’t
really want to explain WHY we’re doing certain things.2. Is my advisor actually DOING what’s being advised or are they simply
making money from giving the “advice”?
This is especially true in the area of financial planners, many of whom are
doing poor financially themselves. This is why I’m following my passion of
teaching/coaching others as their “personal CFO” … to teach them HOW to
think financially what’s best for them.3. And lastly and this is an important one … The quality of my advisor
depends on ME and the questions I ask.
While I greatly appreciate the advisors I use, the quality of the questions
I ask makes a big difference. For example notice the difference with the
following two questions about the same topic.“Should I invest in this opportunity”?
“What should I think about before I choose to invest in this opportunity,
and what are the risks I should consider before doing so? How CAN I
optimally make this investment”?For example if I was asked the 2nd question I might reply with the following
helping you think through the following.“It depends” … What upside do you see (is it worth considering assuming
this works out as planned and will you do this type of investment again …
if not why bother looking further? Let’s review the risks associated with
this type of investment. (NOTE this may heavily depend upon YOU … for
example since I invest in cash-flow apartment complexes I view them as safe,
while I’m no longer involved with stocks and thus for me they’re more risky.
WHATEVER type of investment you choose you should at least understand the
basics of them (see attachment). Many people invest in mutual funds which
are very easy but not many know that if you purchase towards the end of the
year you’ll likely be charged taxes as though you’d owned the fund all year.
As you grow as an investor you’ll learn to ask better questions and hence
get better answers. You do NOT need to know all the details but at least
how the basics work. ASK your advisor to explain them to you.Some suggested questions first for YOU (not your advisor):
1. What is the goal of this investment (i.e. have enough money in 10
years for most of my daughters college education)?2. Do I understand the “basics” of how stock and mutual fund
investing works? If not you may want to read “Take on the Street -
What Wall Street and Corporate America Don’t Want You to Know & What
you Can Do to Fight Back” – Arther Levitt, former chairman of SEC. I
am NOT saying you shouldn’t invest in stocks or mutual funds … I did for
years and others are still doing it successfully. I have more of a bias
for real estate as I have advantages there vs. the stock market
where I don’t. I would recommend you learn about options, puts, and
calls which can protect you if you’re investing in the market vs. the
advice “just invest for the long term” … which by the way mutual fund
companies don’t do (i.e. their turnover ratio is often greater than 1 where
they sell every stock in the fund at least once a year).OK, so I’m a little long winded and as you can see I have an opinion on
this, let’s get back to the “original question”Questions for your financial planner?
1. How are you compensated from my investments?
* Is it a flat fee (i.e. % of your $’s invested) or commission / loads on
your investments? For example in the insurance world brokers receive a
larger commission for selling more expensive “whole life” policies vs. term.
It helps to understand any potential biases.
* There are some great financial planners and some really do know about the
stock market, but interestingly enough last I heard about 80% of the index
funds (such as S&P 500 index) outperform the actively managed funds with
much higher fees. If my portfolio over time isn’t doing better than “the
market” … such as S&P 500) maybe I should just invest myself in low cost
index funds, and then as needed pay an advisor (maybe for services rendered
or by the hour) for advice. Again, I DO recommend advisors but in the right
context.2. What changes would you suggest, and why?
KEY follow-up question – “will you guarantee that”? In most cases the
answer will be “no, of course I can’t guarantee that stocks on average
return 12%”. The reason I mention this is to learn to recognize someone’s
opinion vs. fact. You can’t always get facts but often opinions are
presented as fact
Thanks Steve and Emily….
Until next time…..rob