Keys To Closing Commercial Real Estate Transactions

Anyone who thinks Closing a commercial real estate transaction is a clean, easy, stress-free undertaking has never closed a commercial real estate transaction. Expect the unexpected, and be prepared to deal with it.

I’ve been closing commercial real estate transactions for nearly 30 years. I grew up in the commercial real estate business.

My father was a “land guy”. He assembled land, put in infrastructure and sold it for a profit. His mantra: “Buy by the acre, sell by the square foot.” From an early age, he drilled into my head the need to “be a deal maker; not a deal breaker.” This was always coupled with the admonition: “If the deal doesn’t close, no one is happy.” His theory was that attorneys sometimes “kill tough deals” simply because they don’t want to be blamed if something goes wrong.

Over the years I learned that commercial real estate Closings require much more than mere casual attention. Even a typically complex commercial real estate Closing is a highly intense undertaking requiring disciplined and creative problem solving to adapt to ever changing circumstances. In many cases, only focused and persistent attention to every detail will result in a successful Closing. Commercial real estate Closings are, in a word, “messy”.

A key point to understand is that commercial real estate Closings do not “just happen”; they are made to happen. There is a time-proven method for successfully Closing commercial real estate transactions. That method requires adherence to the four KEYS TO CLOSING outlined below:

KEYS TO CLOSING

1. Have a Plan: This sounds obvious, but it is remarkable how many times no specific Plan for Closing is developed. It is not a sufficient Plan to merely say: “I like a particular piece of property; I want to own it.” That is not a Plan. That may be a goal, but that is not a Plan.

A Plan requires a clear and detailed vision of what, specifically, you want to accomplish, and how you intend to accomplish it. For instance, if the objective is to acquire a large warehouse/light manufacturing facility with the intent to convert it to a mixed use development with first floor retail, a multi-deck parking garage and upper level condominiums or apartments, the transaction Plan must include all steps necessary to get from where you are today to where you need to be to fulfill your objective. If the intent, instead, is to demolish the building and build a strip shopping center, the Plan will require a different approach. If the intent is to simply continue to use the facility for warehousing and light manufacturing, a Plan is still required, but it may be substantially less complex.

In each case, developing the transaction Plan should begin when the transaction is first conceived and should focus on the requirements for successfully Closing upon conditions that will achieve the Plan objective. The Plan must guide contract negotiations, so that the Purchase Agreement reflects the Plan and the steps necessary for Closing and post-Closing use. If Plan implementation requires particular zoning requirements, or creation of easements, or termination of party wall rights, or confirmation of structural elements of a building, or availability of utilities, or availability of municipal entitlements, or environmental remediation and regulatory clearance, or other identifiable requirements, the Plan and the Purchase Agreement must address those issues and include those requirements as conditions to Closing.

If it is unclear at the time of negotiating and entering into the Purchase Agreement whether all necessary conditions exists, the Plan must include a suitable period to conduct a focused and diligent investigation of all issues material to fulfilling the Plan. Not only must the Plan include a period for investigation, the investigation must actually take place with all due diligence.

NOTE: The term is “Due Diligence”; not “do diligence”. The amount of diligence required in conducting the investigation is the amount of diligence required under the circumstances of the transaction to answer in the affirmative all questions that must be answered “yes”, and to answer in the negative all questions that must be answered “no”. The transaction Plan will help focus attention on what these questions are. [Ask for a copy of my January, 2006 article: Due Diligence: Checklists for Commercial Real Estate Transactions.]

2. Assess And Understand the Issues: Closely connected to the importance of having a Plan is the importance of understanding all significant issues that may arise in implementing the Plan. Some issues may represent obstacles, while others represent opportunities. One of the greatest causes of transaction failure is a lack of understanding of the issues or how to resolve them in a way that furthers the Plan.

Various risk shifting techniques are available and useful to address and mitigate transaction risks. Among them is title insurance with appropriate use of available commercial endorsements. In addressing potential risk shifting opportunities related to real estate title concerns, understanding the difference between a “real property law issue” vs. a “title insurance risk issue” is critical. Experienced commercial real estate counsel familiar with available commercial endorsements can often overcome what sometimes appear to be insurmountable title obstacles through creative draftsmanship and the assistance of a knowledgeable title underwriter.

Beyond title issues, there are numerous other transaction issues likely to arise as a commercial real estate transaction proceeds toward Closing. With commercial real estate, negotiations seldom end with execution of the Purchase Agreement.

New and unexpected issues often arise on the path toward Closing that require creative problem-solving and further negotiation. Sometimes these issues arise as a result of facts learned during the buyer’s due diligence investigation. Other times they arise because independent third-parties necessary to the transaction have interests adverse to, or at least different from, the interests of the seller, buyer or buyer’s lender. When obstacles arise, tailor-made solutions are often required to accommodate the needs of all concerned parties so the transaction can proceed to Closing. To appropriately tailor a solution, you have to understand the issue and its impact on the legitimate needs of those affected.

3. Recognize And Overcome Third Party Inertia: A major source of frustration, delay and, sometimes, failure of commercial real estate transactions results from what I refer to as “third-party inertia”. Recognize that the Closing deadlines important to transaction participants are often meaningless to unrelated third parties whose participation and cooperation is vital to moving the transaction forward. Chief among third-party dawdlers are governmental agencies, but the culprit may be any third party vendor or other third party not controlled by the buyer or seller. For them, the transaction is often “just another file” on their already cluttered desk.

Experienced commercial real estate counsel is often in the best position to recognize inordinate delay by third parties and can often cajole recalcitrant third parties into action with an appropriately timed telephone call. Often, experienced commercial real estate counsel will have developed relationships with necessary vendors and third parties through prior transactions, and can use those established relationships to expedite the transaction at hand. Most importantly, however, experienced commercial real estate counsel is able to recognize when undue delay is occurring and push for a timely response when appropriate. Third party vendors are human (they claim) and typically respond to timely appeals for action. It is the old cliché at work: “The squeaky wheel gets the oil”. Care must be taken, however, to tactfully apply pressure only when necessary and appropriate. Repeated requests or demands for action when inappropriate to the circumstance runs the risk of alienating a necessary party and adding to delay instead of eliminating it. Once again, human nature at work. Experienced commercial real estate counsel will often understand when to apply pressure and when to lay off.

4. Prepare For The Closing Frenzy: Like it or not, controlled chaos leading up to Closing is the norm rather than the exception for commercial real estate transactions. It occurs because of the necessity of relying on independent third parties, the necessity of providing certifications and showings dated in close proximity to Closing, and because new issues often arise at or near Closing as a consequence of facts and information discovered through the continual exercise of due diligence on the path toward Closing.

Whether dealing with third-party lessees, lenders, appraisers, local planning, zoning or taxing authorities, public or quasi-public utilities, project surveyors, environmental consultants, title insurance companies, adjoining property owners, insurance companies, structural engineers, state or local departments of transportation, or other necessary third-party vendors or participants, it will often be the case that you must wait for them to react within their own time-frame to enable the Closing to proceed. The transaction is seldom as important to them as it is to the buyer and seller.

To the casual observer, building-in additional lead-time to allow for stragglers and dawdlers to act may seem to be an appropriate solution. The practical reality, however, is that many tasks must be completed within a narrow window of time just prior to Closing.

As much as one may wish to eliminate the last minute rush in the days just before Closing, in many instances it is just not possible. Many documents and “showings”, such as UCC searches, surveys, water department certifications, governmental notices, appraisals, property inspection reports, environmental site assessments, estoppel certificates, rent rolls, certificates of authority, and the like, must be dated near in time to the Closing, often within a few days or weeks of Closing. If prepared and dated too far in advance, they become stale and meaningless and must be redone, resulting in additional time and expense.

The reality is that commercial real estate Closings often involve big dollar amounts and evolving circumstances. Rather than complain and stress-out over the hectic pace of coordinating all Closing requirements and conditions as Closing approaches, you are wise to anticipate the fast paced frenzy leading up to Closing and should be prepared for it. As Closing approaches, commercial real estate counsel, real estate brokers and necessary representatives of the buyer and seller should remain available and ready to respond to changing demands and circumstances. This is not a time to go on vacation or to be on an out of town business trip. It is a time to remain focused and ready for action.

Recognizing that pre-Closing frenzy is the norm rather than an exception for commercial real estate transactions may help ease tension among the parties and their respective counsel and pave the way for a successful Closing.

Like it or not, this is the way it is. Prepare for the Closing frenzy and be available to respond. This is the way it works. Anyone who tells you differently is either lying to you or has had little experience in Closing commercial real estate transactions.

So there you have it. The four KEYS TO CLOSING a commercial real estate transaction.

1. Have a Plan

2. Assess And Understand the Issues

3. Recognize And Overcome Third Party Inertia

4. Prepare For The Closing Frenzy

Apply these Keys to Closing, and your chance of success goes up. Ignore these Keys to Closing, and your transaction may drift into oblivion.

Finding Affordable Albuquerque Apartments

If you want to find apartments in Albuquerque at affordable rates, it is better that you concentrate on the Northwest Quadrant and the developing East Downtown neighborhoods. Take help of newspaper and internet to find the house of your choice.

Albuquerque is a city in New Mexico; what else should I know about the city?
Well, Albuquerque is not only a city in New Mexico, but also happens to be the largest city. It is located on Rio Grande. It is the 57th largest metropolitan area in the United States. It is one of the fastest growing cities in the country and almost half the population of New Mexico resides in Albuquerque. The weather here is dry and sunny. The level of humidity is low. The city experiences four distinct and mild seasons.

I am in search of Albuquerque New Mexico apartments. Where do I find one?
The city is compartmentalized in four quadrants. They offer you different kinds of options of housing and apartments. For instance, if you want to be ready to shell out more money, you can get Albuquerque apartments in Northeast Quadrant. On the other hand, if you want apartments in Albuquerque within a low range, you can try finding them at the Northwest Quadrant.

I want Albuquerque apartments at affordable rates. Where can I find them right?
The Northwest Quadrant is a place that where you have expensive homes as well as low-income group homes. There is a range of choice that this place has to offer you and you are free to choose from them according to your preference and budget. East Downtown neighborhoods also give you a wide array of houses to choose from. Recent developments in East Downtown neighborhoods like Veterans Memorial, Caesar Chavez Community Center and World Market have made these places much sought after by those who want Albuquerque apartments for rent at affordable rates.

How will I find apartments in Albuquerque easily?
Well in a city that has almost 70,000 apartment rentals, finding a reasonably priced Albuquerque New Mexico apartments would not be very difficult. Here are the few steps you should follow to find one:
• Decipher how much you will be able to afford.
• Make a selection of the Albuquerque neighborhood you would like to reside in. take transportation, cost of living and house-rent in consideration.

• Make a list of the amenities and basic features you are looking for in an apartment.
• Look into the listings made in local newspapers.
• Check online services that help you find listings in preferred Albuquerque neighborhoods.
• If you are new in the city, sign up with an apartment finder service.
• Maintain a file of newspaper ads and printouts of listings you find relevant.
• Make note of any other additional information you may need.
• Contact the persons mentioned and make appointments.
• Be careful when you go for inspection.
• Visit all the Albuquerque apartments for rent you have short-listed.
• Close the deal with the one you find affordable and having most of the benefits you ask for.

Make a Statement With Stylish Home Furniture

Your home furniture plays a vital role in making your style statement. Decorating a perfect house starts with selecting good furniture. So if your first choice is not perfect, then the end result might not be as fulfilling as you want. If you want the furniture to have class and durability, then investing in stylish home furniture would be the best choice.

What you choose to furnish your home is a reflection of your personal taste. This makes it important for you to first be clear on how you want to decorate your home, what kind of furniture you want to buy and how you want to go about it. Furniture is available in different varieties for all kind of rooms. Be it for the living room, dining room, kitchen, bedroom or even the patio, furniture of different sizes are needed most of your basic needs. Whatever type of furniture you decide to purchase; it should emphasize the character and style of your house.

Stylish home furniture comes in various designs, size, shape, structure and materials such as wood and metal. Though wood furniture is generally accepted as the best, metal furnitures can also be a good substitute if the budget is low. A living room is an area where you host most of your parties and entertain guest, thus a lot of attention should be given there. As first impression is the last one consider the kind of sofas, coffee tables, TV stands and cabinets, end tables and other decorative accessories very carefully. They should not only be attractive but comfortable but most importantly go well with each other and also be careful not to overcrowd the living room.

The dining area is another important corner of your house which the guests are likely to visit. The furniture for this area in particular should ooze elegance. The dining table set should not only be visually attractive but also comfortable. Many homes have their dining room and kitchen combined. In that case you will have to make sure that the kitchen and the dining area have a common theme. All the miscellaneous, serving tables and the dining table should fit in such a way that it allows you easy movement around the place.

The bedroom is for your personal space. It should be designed in such a way that you can shed the entire day’s tiredness in a minute and relax in peace. Especially your bed! As soon as you fall on it you should be able to experience heaven. That’s the reason why people spend heavily for luxurious beds because there is nothing better than a good night’s sleep. Apart from the bed your room also needs armories, dressers, night tables and some more storage furniture.

If you have kids around then you’ll have an additional room to be taken care of. Kid’s room furniture comes in attractive designs and styles. Apart from the indoors if you have a beautiful patio then get the chance to work with material like wicker and metal. Decorate it with benches, plant stands, love seats, coffee tables and anything which fits in well with the outdoor theme.

So now that you have many reasons to accentuate your house’s beauty from within and outside, bring home stylish modern furniture and enjoy all the extra attention.

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