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by: Tony Seruga, Yolanda Seruga and
Yolanda Bishop
Commercial
real estate operates very differently than residential property when
it comes to assessing its value. There are more variables to
examine, and often more legal conditions. This is where due
diligence comes in you have to make certain not to overlook any
details. Verify everything about your property. This includes doing
research on local markets as well as local absorption rates. Get and
verify information on the sales prices of comparable properties to
make sure that you're getting a good deal.
In addition, it's vital to speak to local officials about the legal
requirements of the area. If the zoning laws will not permit the use
you have planned for the piece of commercial real estate, you could
be up a creek without a paddle. Likewise, find out how long it will
take to get the right clearances and paperwork through for that use.
There are a number of different problems that might crop up over the
course of time. These include environmental issues, failure to
obtain all necessary permits, and lack of approvals for the intended
use. Avoid these by checking and rechecking requirements for the
piece of land.
Make sure that the property is what you're expecting. It might not
be in the kind of condition you'd like, or the seller may have
misrepresented it. Find out how much, if any, repair is needed to
get the property operational. You may find that only some of the
land you are buying is useful for your purpose. Verifying that you
will have enough is very important.
Remember that due diligence begins when you start negotiating. Check
with the seller to make sure that they are willing to agree to your
terms. Many sellers will balk at a proper due diligence list, but
most will eventually return to the bargaining table. A seller may
not be comfortable allowing you to look at personal business related
documents, but this is vital for making certain you have done
everything correctly.
When you negotiate your contract, it's important to provide enough
time to examine all the details and recheck your facts. Thirty days
or more after the delivery of all necessary documents is common. One
good thing to include in an agreement is a statement that you must
specify in writing that due diligence is satisfactory and complete,
or you will not be obligated and will be able to get your deposit
returned. Requiring your written acceptance makes sure that you
control the deal.
In addition to hiring professionals to inspect the building's
physical condition, it's important to make sure you look over every
document that concerns the property and the operation thereof. This
means that you have to look at leases and all modifications of them,
including extensions. Most leases have peculiar specifications
included that the original owners may have forgotten about. This can
include unexpected expenses or sources of income from a tenant,
for example. You must examine mortgages, even if you are not
assuming them.
If a certificate of occupancy, title or insurance policy, license,
or tax receipt is involved, you need to request these from the
seller. Likewise, look at all contracts with maintenance people,
parking lot providers, and other service providers if you're not
careful, you could find yourself bound to a contract you're not
prepared to honor. Read every word of an official document, mark
anything you have questions about, then have someone else do the
same. Do this multiple times if necessary, to be sure that you have
all the information on the property's legal obligations and terms.
Insurance documents can also provide a good deal of information, not
just on the obligations of the property, but on the structures
themselves. Insurance inspectors can provide their estimation of
what may go wrong, and a claims history lets you know what has
happened in the past, including a number of repairs. If the seller
has recently changed insurance companies, consider it an increase in
risk to you.
If your seller doesn't have all this information, you've gained the
chance to bargain. A property that was a good bet has just become
riskier. You can either back away, or, if you're prepared to take a
chance, bring this up as a reason that you require a discount on the
property's price. You may find that the seller is able to find the
lost records suddenly, and if they can't, you get a better price.
Of course, at the end of the due diligence process, you will often
find that you're missing some information. This is unavoidable. The
most important thing is having enough information to present to
investors, partners, and lenders so that an informed choice can be
made. Performing due diligence permits you to mine that data which
is so important to the success of a commercial real estate project.
Without this kind of careful analysis, you could end up paying too
much, or getting a property that's so entangled in legal problems it
becomes useless. Due diligence is an important way to protect
yourself when you make a commercial property deal. No one can ask
all the questions that need answering, and sometimes those facts are
nowhere to be found. However, you can certainly make headway.
Protect yourself and your firm by verifying all pertinent
information, then checking it twice.
About The Author
Tony Seruga, Yolanda Seruga and Yolanda Bishop of
http://www.maverickrei.com specialize
in commercial and investment real estate. As of May, 2006, they and
their partners are managing over $600 million dollars worth of new
projects.
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