Pop Quiz Commercial Real Estate Investing

I read once that if you took all the real estate lawyers in Illinois and laid them end to end along the equator – it would be a good idea to leave them there. That’s what I read. What do you suppose that means?

I have written before about the need to exercise due diligence when purchasing commercial real estate. The need to investigate, before Closing, every significant aspect of the property you are acquiring. The importance of evaluating each commercial real estate transaction with a mindset that once the Closing occurs, there is no going back. The Seller has your money and is gone. If post-Closing problems arise, Seller’s contract representations and warranties will, at best, mean expensive litigation. CAVEAT EMPTOR! “Let the buyer beware!”

Paying extra attention at the beginning of a commercial real estate transaction to “get it right” can save tens of thousands of dollars when the deal goes bad. It’s like the old Fram® oil filter slogan during the 1970’s: “You can pay me now – or pay me later”. In commercial real estate, however, “later” may be too late.

Buying commercial real estate is NOT like buying a home. It is not. It is not. It is NOT.

In Illinois, and many other states, virtually every residential real estate closing requires a lawyer for the buyer and a lawyer for the seller. This is probably smart. It is good consumer protection.

The “problem” this causes, however, is that every lawyer handling residential real estate transactions considers himself or herself a “real estate lawyer”, capable of handling any real estate transaction that may arise.

We learned in law school that there are only two kinds of property: real estate and personal property. Therefore – we intuit – if we are competent to handle a residential real estate closing, we must be competent to handle a commercial real estate closing. They are each “real estate”, right?

ANSWER: Yes, they are each real estate. No, they are not the same.

The legal issues and risks in a commercial real estate transaction are remarkably different from the legal issues and risks in a residential real estate transaction. Most are not even remotely similar. Attorneys concentrating their practice handling residential real estate closings do not face the same issues as attorneys concentrating their practice in commercial real estate.

It is a matter of experience. You either know the issues and risks inherent in commercial real estate transactions – and know how to deal with them – or you don’t.

A key point to remember is that the myriad consumer protection laws that protect residential home buyers have no application to – and provide no protection for – buyers of commercial real estate.

Competent commercial real estate practice requires focused and concentrated investigation of all issues material to the transaction by someone who knows what they are looking for. In short, it requires the exercise of “due diligence”.

I admit – the exercise of due diligence is not cheap, but the failure to exercise due diligence can create a financial disaster for the commercial real estate investor. Don’t be “penny wise and pound foolish”.

If you are buying a home, hire an attorney who regularly represents home buyers. If you are buying commercial real estate, hire an attorney who regularly represents commercial real estate buyers.

Years ago I stopped handling residential real estate transactions. As an active commercial real estate attorney, even I hire residential real estate counsel for my own home purchases. I do that because residential real estate practice is fundamentally different from commercial real estate.

Maybe I do “harp” on the need for competent counsel experienced in commercial real estate transactions. I genuinely believe it. I believe it is essential. I believe if you are going to invest in commercial real estate, you must apply your critical thinking skills and be smart.

POP QUIZ: Here’s is a simple test of YOUR critical thinking skills:

Please read the following Scenarios and answer the questions TRUE or FALSE:

Scenario No. 1: It’s Valentine’s Day. You are in hot pursuit of the love of your life. A few weeks ago, she confided in you that all she ever dreamed of for Valentine’s Day was that her lover would show up at her door, dressed in a white tuxedo with tails and a top hat, and present her with a beautiful bouquet of flowers. You’ve rented the tuxedo, but now you are concerned about how much money you are spending.

TRUE OR FALSE: Since flowers are pretty much all the same, it is OK for you to skip the roses and show up with a bouquet of fresh yellow dandelions.

Scenario No. 2: For several years you eyesight deteriorated to the point where you can barely see your alarm clock. You are now considering corrective eye surgery so you won’t need glasses. Your sister-in-law had corrective eye surgery and has had spectacular results. She recommends her eye surgeon, but mentions the cost is about $5,700 for both eyes and that the surgery is not covered by insurance. A few years ago, you had surgery to correct your hemorrhoids and it cost you only eight hundred bucks.

TRUE OR FALSE: Since surgeons all went to medical school and are all medical doctors, you are being frugal and wise by asking the surgeon who performed your hemorrhoid surgery to perform your corrective eye surgery.

Scenario No. 3: Several years ago, when you first got married, you asked a former classmate who is a lawyer to represent you in the purchase of your townhome. The cost was only $375. A year later, you started a family and decided you needed a Will. The same attorney prepared Wills for you and your wife for a total cost of $700. You started your own business and your attorney friend formed a corporation for you and charged you only $600 plus the cost of the corporate minute book. Years later, when your son was arrested for misdemeanor reckless driving, your attorney friend handled the criminal case and got your son off with supervision for only $1,500.

Your business has been successful and you have built a pretty sizable nest egg, but you are tired of working for every dime and want to try investing in real estate. You have your eye on a strip shopping center. It includes a grocery store, bank, hardware store, dry cleaners (on a month to month tenancy), a couple of fast food restaurants, a gift shop, dental office, bowling alley (with a lease about to expire), and wraps behind a gas station/mini-mart on the corner. The purchase price is $8,000,000, but the net operating income looks pretty good. You figure if you turn the bowling alley into a full service restaurant/banquet facility, and convert the dry cleaners into a 24-hour coin laundry, the net operating income will increase and the shopping center will turn into a spectacular investment. You plan to pull together much of your life savings and put down $2,000,000 to buy this strip shopping center, borrowing the balance of $6,000,000. You remember that your lawyer friend handled the purchase of your home several years ago, so you know he handles real estate.

TRUE OR FALSE: Commercial real estate is the same as residential real estate [Hey, its all dirt, isn’t it (?)], so you are being a shrewd businessman by hiring your lawyer friend who will charge much less than a lawyer who handles shopping center purchases several time a year. [What is this “due diligence” stuff anyway?]

ANSWERS:

If you answered “TRUE” for any of the foregoing Scenarios

STOP!

The Quiz is over.

Please find a quite place to reflect upon your life and consider whether the decisions you make consistently give you the results you desire.

If, on the other hand, you understand that the answer to each of the foregoing questions is FALSE, I am available to help you in Scenario No. 3.

For Scenario No. 2, you should follow your sister-in-law’s suggestion and contact her eye surgeon, or some other eye surgeon with equal skill.

For Scenario No. 1, you are on your own. [But, if you answered TRUE for Scenario No. 1, you may be FOREVER on you own.]

Investing in commercial real estate can be profitable and rewarding – but it requires good critical thinking skills and competent counsel.

You have a have a brain. It is strongly recommended that you use it.

A Guide to Choose the Right Home Furniture

When choosing the right furniture for your home it is always important to have some sort of guide to assist you and give you a better understanding of how to choose the perfect items that will match your home. Furniture is not just about designs and styles, they are a significant part of the home. Think of a house without a furniture, you cannot easily call that a house. Furniture are like the organs of the home, they make your house functional and worthy to be lived in. They fill the emptiness of a house for it to be called a home.

There’s a lot of home furniture that you can choose from and there are certain furniture that are used for every part of your home. If you just had a brand new house or planning to redecorate, it is important to know the tips and tricks of finding the perfect furniture, price, style and usage included. The first part of the home that you may want to be decorated is the living room. This is probably the center of any house. The living room is where you accept your guests and where you mostly bond with the family. A piece of the living room that should always be present is the sofas or armchairs. These are usually where the rest of the furniture will based on. The beauty of buying sofas from a home furniture store is that they come in different styles, color, sizes and make. Choosing the sofa for your place is fun! You can go into any kind of design as long as it can match your home. Choose the sofa that you are most comfortable with and can fit into your place. Unlike a few years ago where sofas have a distinct traditional look, nowadays, they can come in fun shapes and designs. It’s up to your to find the perfect one!

Home bedroom furniture is easy to look out for. Usually the main point in bedroom furniture is the bed. This is easy furniture to look for because your bedroom is your personal area and you can choose whatever you want without the hesitation of being judged by other people. Like the sofas, comfort is the best quality you want to look for in a bed. Find the suitable bed that has a good foam. The foam is a big factor to the comfort level of the bed. Try out these foams and never forget to check the material that the bed is made of. Beds nowadays can be made from various woods or metal. Wooden beds can last very long although they can take up a lot of space. Steel beds are also a good choice. They are not as sturdy as the wooden beds but they are also of good quality and can be very good space savers.

Home bathroom furniture can also be found in a lot of furniture stores. Choose quality bathroom furniture that can last for a long time. You may want to get a set to have a more themed look in your bathroom. Usually, a lot of stores offer good furniture at reasonable prices. Home decor furniture basically means all the furniture that you put in your house. This does not indicate that it is just for decoration but also its usage. You would not want to get an item just because it looks great to look at but because it can be put to use and at the same time add class to your home.

Advice For Expats on Finding a Good Apartment For Rent

Make use of Local Agencies when looking for Cheap Apartments in Spain

Many in the UK will be used to finding a flat to rent, a few people may have gone through an agency, a few may not, but to find a high-quality apartment for rent in Spain one must go through an agency. Although the idea of paying someone to find you a place to live may seem alien to you, this is simply the way that everyone finds apartments for rent in Spain. Of course, there are certain areas where you will be able to find a perfectly good apartment without the use of an agency; however, this will require a lot more work on your part. You may try and circumvent the agencies by searching on the internet to find Spanish apartments for rent; however, you will soon find that most of these apartments are connected to an agency even when they do not explicitly say so. There is really no need to avoid using an agency, the fees are very reasonable, and the agencies usually have the superior, newer apartments.

Be a Problem Solver in Your Hunt for Spanish Apartments to Let

You will often find in your search for apartments in Spain that the two bedroom apartments are a lot nicer than the one bedroom apartments compared to what you are paying in rent. So rather than downgrading to one bedroom rental apartments that do not have all the facilities that you may want, simply search for a roommate. There are a few sites on the Internet where you can find roommates and Spanish rental markets of very healthy. Simply place an ad on one such site and you will usually find that within a day or two you will have a new roommate. This enables you to rent accommodation that has all the facilities you desire but at a fraction of the price that you would be paying to rent a one bedroom apartment by yourself.

Be Clear What You Want From Your Holiday Apartment

Although in the UK landlords can often be inflexible in their lease conditions, this is not true of landlords offering apartments for rent in Spain. You will often find Spanish landlords are very accommodating for instance:

· If you feel the rent should be slightly lower.
· If you wish to have an unfurnished apartment, furnished.
· If you wish to extend the contract.

Simply ask the landlord, you will not always get what you want but it costs nothing to ask and these small considerations could make a big difference to your happiness. Always remember they wish to let out the property as much as you want to rent it.

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