Wednesday, November 28, 2012

Should Commercial Tenants Consider Foreclosed Properties? Part 2

A Snap Shot Of The Foreclosure Process

Before Foreclosure
  1. Owner can’t make payments on loan because property is not producing enough income to make the monthly loan payments.
  2. Owner and Lender may discuss alternatives for the Owner to stay in control of the property. It is a lifeline that might assist in giving time to the Owner to increase income through lease-up or increased rental rates. Sometimes it works and sometimes it just extends the inevitable.
  3. Lender may not extend any resolutions to Owner and Lender will start the foreclosure process immediately. Each lender and property will handle foreclosure differently.
  4. Knowing the property is having income problems the Lender might decide to sell the loan or note to an investor at a discount. The investor is usually not interested in being a Lender and will quickly want to take ownership of the property through foreclosure.
During Foreclosure
  1. The foreclosure process will be different for each state.
  2. The Owner can sometimes put up a long legal battle in which no money will be spent on the property during that time.
  3. Attracting new tenants or keeping existing tenants is hard given the unknown future of the property.
    Leasing decisions and property decisions are generally controlled by Lender and will typically take longer to answer.
  4. The relationship between Lender and Owner can become tumultuous and nothing will be agreed upon.
  5. In some cases the Owner might hand over the keys quickly and the Lender will take control immediately.
After Foreclosure
  1. Lender’s will typically take one of two approaches once they receive title of the property: Quick Sale or Lease-Up
  2. Quick sale will most likely result in selling property at a discount.
  3. Lease-Up will require a longer hold period in order to increase the value of the property through increased revenue by leasing vacant space. Lenders will most likely have to spend money to attract tenants but this option allows. Lenders to recover most or a greater portion of their investment.
  4. Investor which purchased the note prior to foreclosure will flip or hold the property. This will be determined by the Investors investment criteria.
Note: Each state will have different foreclosure laws compared to other states. It is advisable to ask a real estate attorney any questions you might have about your state foreclosure laws and how they affect tenants. The above article used general terms which could apply to your state or not.

Take A Test Run On Market Data
Fell free to go to www.leasewithease.net and test our site for selecting office, medical office and retail space.  All you need to do is select “Test” submarket when entering your search criteria.  For more information please go to www.leasewithease.net.

The Move
Need help with preparing for “The Move” then feel free to contact LWE with any questions or if you need a referral for getting your office moved and set up smoothly.

Tenant Vendor List
LeaseWithEase can provide a vendor list to tenants seeking contacts for installing a security system or a contact for a coffee vendor. Also, if your company offers services to office, medical office or retail tenants we would like to include your company in our vendor list for our clients.  Feel free to forward information about your company and what you provide tenants.
Follow us at:
LeaseWithEase Technology, LLC (www.leasewithease.net)
“Bringing The Local Real Estate Market To Your Desk”

Alan Gore
Partner
Texas Broker License #0449773

Should Commercial Tenants Consider Foreclosed Properties? Part 1

Below are some of the advantages and disadvantages Tenants should consider before leasing a foreclosed or troubled property. This applies to existing tenants and potential tenants seeking to lease commercial space.

Tenant Advantages of a Foreclosure Property
    Lower rental rates
    Free Rent
    Better lease terms
    Upgrade into a higher class of property
    Signage Rights
    Renegotiate favorable terms to an existing lease.

Tenant Disadvantages of a Foreclosure Property
    Longer decision process
    Unknown direction of the property
    Unknown future ownership of the property
     Owner/Lender stop maintaining the property
     Building’s management people could change several times.
     Lenders are not looking for long term relationships with tenants

First, foreclosure is not good for the Owner, the Lender or the Tenants involved. Until an Owner with experience and capital buys the troubled property the building might not have stable ownership for several years . Negotiating a lease in a foreclosed building can be beneficial to a tenant and painful as well. Below is a snap shot of the foreclosure process. A tenant should learn more about the foreclosure process before negotiating a lease in a troubled property.

Take A Test Run On Market Data
Fell free to go to www.leasewithease.net and test our site for selecting office, medical office and retail space.  All you need to do is select “Test” submarket when entering your search criteria.  For more information please go to www.leasewithease.net.

The Move
Need help with preparing for “The Move” then feel free to contact LWE with any questions or if you need a referral for getting your office moved and set up smoothly.

Tenant Vendor List
LeaseWithEase can provide a vendor list to tenants seeking contacts for installing a security system or a contact for a coffee vendor. Also, if your company offers services to office, medical office or retail tenants we would like to include your company in our vendor list for our clients.  Feel free to forward information about your company and what you provide tenants.
Follow us at:
LeaseWithEase Technology, LLC (www.leasewithease.net)
“Bringing The Local Real Estate Market To Your Desk”

Alan Gore
Partner
Texas Broker License #0449773

The Tenant Handbook: How To Find & Negotiate A Commercial Lease

The most important part of finding commercial space is to have a plan or strategy get the best results.  I like the 20:6:3:1 rule (http://blogs.wsj.com/wealth-manager/2010/03/25/go-ahead-hate-me-ill-still-help-you-make-money/) used by a wealth manager that writes for the Wall Street Journal.  The strategy takes you from a full market search to selecting the best option for the tenant.  The numbers in the name of the strategy are only a guide line and will differ from market to market and deal to deal.  The basic principle is that it will take 20 buildings to find 1 space for your company.  The bigger or smaller the market will determine the amount buildings needed to get the best results.

20:6:3:1 Rule
1. Contact 20 buildings in the market you wish to lease space.
2. About 6 of the buildings will have space that fit your space requirements.
3. About 3 of the 6 six buildings will fit your other criteria such as space layout, rental rate, location, etc.
4. One will be the winner.

How To Apply The 20:6:3:1 Rule In Leasing Commercial Space

20
The first step is the most important and the most time consuming because it involves gathering the most data to make a qualified decision.  Search your market of say 20 buildings and gather the contact names and e-mail addresses of each building.  You can gather the information by driving by each building, subscribing to a third party (most charge $) or using www.leasewithease.net (free to tenants).  Contact those 20 buildings to find out if they have space available that fits your square footage requirements.  Rental rate and other criteria will be used to ultimately select your space but at this time you want a market survey driven by your required square footage.  The square footage should be a range of how much square footage you need.  One space might be more or less efficient than the next space. For example, if you are looking for 8,500 square feet make your space requirement 7,000 to 10,000 square feet.

www.leasewithease.net  allows tenants to contact landlords  for office & retail space in the Dallas market.  Coming soon LeaseWithEase will offer landlord contacts for office tenants in the Austin & Oklahoma City markets.  The website is free to all tenants and tenants may remain anonymous during their initial search.

6
Of the 20 buildings you will find 6 buildings with available space that fits your square footage requirements.  At this point you will want a verbal or written offer for each of the six buildings.  Request a letter of intent or proposal from each of the buildings.  This will be the basic economics and legal terms of the deal.  You now have a real-time market survey specific to your needs.  The real-time data gives you a better idea of the market rental rates, TI allowances, etc.  You should use this real-time data to negotiate between the 6 buildings.  Also, start creating leverage with building landlords by letting them know you are requesting the same information from several other buildings in the market.

www.leasewithease.net website allows landlords to make initial offers to tenants based on rental rate and operating expenses via our website.  All landlord responses are gathered in one central Response Room only visible to the tenant. 

3
Of the 6 buildings only 3 buildings will fit a majority of your criteria such as layout of space, rental rate, location, length of term, etc.  You would like to keep your options open to as many buildings as possible but a tenant will need to narrow down their choice as much as possible.  There are two options that a tenant can use for negotiating with the 3 buildings.  First option is to go back to the buildings and let the buildings know that you are requesting a final and best offer from the top buildings.  Second option which landlords usually prefer is to go back with a counter offer for each of the 3 buildings.  The buildings will most likely make a counter offer to your counter offer so make it aggressive enough to have some meat taken off but not over the top that the landlord won’t respond.  Use your real-time data to determine which deal points are negotiable.

www.leasewithease.net provides a financial analysis tool that let’s you compare the economics of two leases side by side at www.leasewithease.net or compare up to 20 leases through an excel file built only for LeaseWithEase users.  And yes the financial analysis is still free to users.

1
Only 1 building of the three buildings will become the winner of your business.  This is sometimes an easy choice and sometimes it is a difficult choice.  Use our financial analysis tool to see the financial impact of each lease proposal.  Once you commit to a building then it is advised to hire an attorney to assist you with the lease agreement.

www.leasewithease.net provides free consulting to our users and we only consult the tenant in negotiating a lease.  We offer free advise to tenants whether they use our site or not.  We offer free advise during lease negotiations or just leasing questions in general.

Tenants that are looking to lease commercial space can do so on their own or by hiring a broker.  For those that choose to find and negotiate their own lease the website www.leasewithease.net is built for you.
Real-time data is better than a market survey based “Asking Rents”.  “Asking Rents” are meant to be negotiated down to actual rents.  Get the real data to negotiate the right deal for your company.



Take A Test Run On Market Data
Fell free to go to www.leasewithease.net and test our site for selecting office, medical office and retail space.  All you need to do is select “Test” submarket when entering your search criteria.  For more information please go to www.leasewithease.net.

The Move
Need help with preparing for “The Move” then feel free to contact LWE with any questions or if you need a referral for getting your office moved and set up smoothly.

Tenant Vendor List
LeaseWithEase can provide a vendor list to tenants seeking contacts for installing a security system or a contact for a coffee vendor. Also, if your company offers services to office, medical office or retail tenants we would like to include your company in our vendor list for our clients.  Feel free to forward information about your company and what you provide tenants.
Follow us at:
LeaseWithEase Technology, LLC (www.leasewithease.net)
“Bringing The Local Real Estate Market To Your Desk”

Alan Gore
Partner
Texas Broker License #0449773