What is 1031 Exchange? All Your Questions Answered

The 1031 Exchange was introduced to the Internal Revenue Code of the United States in 1921, to stimulate business and economic growth by providing relief to taxpayers through a deferral strategy. In the hands of a savvy and experienced investor, the 1031 Exchange is an excellent way to increase one’s buying power, expand one’s portfolio, and build wealth.  Section 1031 of the U.S. tax code is, however, a complex labyrinth of rules and regulations. 1031 exchanges are governed by strict IRS guidelines and can be quite complicated. This Q&A is intended to address some of the questions frequently asked by CRE professionals.

What is a 1031 exchange and how can I leverage it to my benefit?

If commercial real estate investors were required to pay tax every time they sold a property, it would limit transaction volumes, force longer hold periods, and restrict their ability to respond to – and capitalize on – changing industry and market dynamics. The 1031 exchange was designed to address these limitations by making it possible for an investor to buy and sell – or “exchange” – one commercial property for another, while deferring the capital gains tax payable on it. To qualify, the equity needs to be reinvested into a new property of equal or greater value. A 1031 exchange provides the flexibility to buy and sell more frequently, reinvest in more productive property, offload underperforming assets, and respond quickly to opportunities within the market. It is also an excellent depreciation reset tool.

What are the basic rules of the game?

To qualify for a 1031 exchange, the transaction must meet the following criteria: 

  • Both relinquished and replacement properties must be bought and sold by the same individual taxpayer or corporate entity. The only exception is a single-member LLC.Both properties must be held for investment or business purposes only. 
  • Both properties must be in the United States.The properties bought and sold must be “like-kind”. Most real estate assets qualify, but property purchased for personal use is generally excluded.
  • All proceeds from the relinquished property must be used when purchasing the replacement property. The replacement property must be of equal or greater value to the relinquished property: If the value is lower, surplus funds – sometimes called a “cash boot” – will be subject to capital gains tax.
  • A qualified intermediary needs to be commissioned to complete the exchange.Proceeds from the sale will be held in escrow by the intermediary and used to purchase the new property.
  • The property title holding cannot be altered or dissolved during the exchange process. 
  • The replacement property must be identified within 45 days and purchased within 180 days of the sale of the relinquished property. Under the “200 percent” rule, you may identify any number of replacement properties as long as their combined value does not exceed 200% of the value of the relinquished property. Under the “95 percent rule” you may identify any number of replacement properties, but you must close on all of them. 

What assets do, and don’t qualify for a 1031 exchange?

Assets bought and sold in a 1031 exchange must be considered “like-kind” – a misleading phrase that doesn’t quite mean what it implies in that properties do not need to be of the same size, composition, grade, or even asset class. You can exchange an office park for raw land for example, or a ranch for a strip mall. “Like-kind” refers more to the value of the property, than its nature and usage. The replacement property must simply be of an equal or higher value and purchased for investment or business purposes.

‍All forms of property can be exchanged, including raw land, multi- and single-family rentals, retail centers, office buildings, warehouses, industrial facilities, self-storage etc. REITs and other securities do not qualify for 1031 exchanges. Exchanges of former principal residences and vacation homes may be permitted under certain circumstances, and within strict guidelines.

What steps do I need to take, and within what timeframes, to complete the exchange process?

In a typical delayed 1031 exchange, the following steps and timelines apply:

  • ‍List your property for sale.
  • Appoint a qualified intermediary – one who is reputable, credible, and experienced – as they will play an important role in the exchange process. When the property sells, proceeds are transferred to the intermediary who holds them until the replacement property has been purchased. It is advisable to start your search for a replacement property as soon as possible; you only have 45 days to do so.It is common practice to identify 3 potential replacement properties unless you plan to invoke either the 95% or 200% rules.
  • Identify your replacement property and designate this in writing to your intermediary.
  • Conclude the purchase within 180 days of the sale of your relinquished property. (Note: the two time periods run concurrently, which means that you start counting on the closure of the sale, not the identification of a replacement property). 

The 1031 process ends when both the sale and the purchase have been concluded. In a simultaneous exchange, the sale of the original and replacement property must close on the same day.In a 1031 exchange, timing is critical.  

How long do I have to hold an exchanged property, and are there any limits on how many exchanges I can do at any given time?

For an exchange between related parties, properties must be held for at least 24 months; there is no prescribed length of time in an arm’s-length exchange providing that the property has been acquired for business or investment. There are no limitations on how many times a 1031 

Exchange can be entered into, providing that the investor has the necessary means to do so.  

What alternatives, if any, are there to the “like-kind” exchange rule?

While the traditional delayed ’like-kind’ 1031 exchange is the most widely used, there are a number of alternatives that offer tax deferment benefits:

  • A Reverse 1031 exchange allows for the replacement property to be purchased before the relinquished property is sold, providing that the investor has the necessary funds to complete the purchase. To qualify, you must transfer the new property to a qualified intermediary, identify a property for exchange within 45 days, and then complete the transaction within 180 days after the replacement property was bought.
  • A Partial 1031 exchange does not require all the proceeds from the sale of the relinquished property to be spent on the replacement one. The investor will, however, be required to pay capital gains tax on the reserved cash or cash boot.In an Improvement 1031 exchange, the replacement property can be purchased for less than the sale price of the relinquished property, providing that the remaining funds are used to make improvements to the property. 

The advantage of this exchange is that investors are not limited to existing opportunities; their exchange can fund the development of vacant land, reinvigorate derelict buildings, or build new residential communities.

Can I take cash out of a 1031 exchange?

The main purpose – and benefit – of a like-kind exchange, is to defer tax by trading “up or equal” in value, ensuring that there is no net debt relief. That said, there can be compelling reasons for wishing to generate cash from the transaction. A partial exchange is the most common means of doing so, but you will be liable for capital gains, depreciation recapture and other taxes. Two further options exist: either by refinancing the relinquished property prior to closing, or the replacement property after closing­: In the case of the former, an investor with high equity and low debt, may wish to finance or refinance the property, thereby pulling cash out, and closing with higher debt and lower cash equity. In this scenario, the investor essentially walks away with debt on the property paid off, cash in his pocket, higher debt and lower equity in his replacement property, and total tax deferral.   

To be clear: this is not a practice generally condoned by the IRS, but one could perhaps argue that if refinancing was done well in advance of the exchange, and not in anticipation of it, or if it was done for reasons other than to swap debt for equity – to mitigate cash flow problems or fund repairs or refurbishments, for example – then the investor should be able to refinance without fear of reprisal.  

The second option is to refinance the replacement property after closing, and this is perfectly permissible given that the investor’s position is no different to that of anyone else owning and paying off a property. 

Is the 1031 Exchange living on borrowed time?

Yes. And no. We can take some comfort from the fact that a total elimination of the 1031 exchange doesn’t appear to be on the cards. On the other hand, the proposed amendments and imposition of a $ 500,000 tax deferral cap, will definitely negatively impact commercial real estate trading, going forward.According to a study by Ernst & Young, “President Biden’s proposal will not only severely limit the property values that investors can use in an exchange, but also adversely impact the overall economy. While this proposal is intended to generate $1.95 billion in revenue for the government through taxing the sale of real estate, many people don’t realize that taxes paid and related to businesses using like-kind exchanges were already projected to produce $7.8 billion for the IRS last year”. 

There are many compelling reasons to leave the 1031 exchange just as it is – and many supporters lobbying congress – so we should remain hopeful that common sense will prevail. That said, you’d be well advised to prepare for some tightening of federal tax regulations in the coming months along with further restrictions on deferral thresholds. Stay vigilant, monitor any potential reforms closely, and start considering some alternatives – like qualified opportunity zone funds, tenants-in common cash-outs, direct purchases of triple-net (NNN) properties, and Delaware statutory trusts – all of which offer tax deferral opportunities.

When to Use Financing to Expand Your Business – Balancing opportunity cost and risk.

As a business owner, you know that growth is essential for success. But expanding your business can be expensive, and you may not have the cash on hand to cover the costs. That’s where financing can come in.

There are a number of factors to consider when deciding whether or not to use financing to expand your business. One is the opportunity cost of expanding. In other words, what are you giving up by not taking on debt? This could include future profits, market share, or even the ability to stay competitive.

For example, if you don’t expand your business, you may lose market share to your competitors. Or, you may not be able to keep up with the latest trends and technologies. In these cases, the opportunity cost of not expanding could be significant.

Another important consideration is the current state of your business. If your business is profitable and has a strong financial foundation, then financing may be a good option. However, if your business is struggling, then taking on new or additional debt is likely a high-risk decision.

Looking to buy instead of lease? A commercial mortgage can be used for many kinds of property, including warehouses, offices, apartment complexes, stores, and restaurants. And the scope extends beyond just purchasing a property. You can also use this type of financing for new construction, renovating an outdated structure, removing yourself from a lease, or refinancing for a better repayment term. Learn more about commercial mortgages here: 10 Considerations When Shopping for a Commercial Mortgage

If you determine that taking on debt to expand your business is the correct move, there are several different types of financing available. Remember, each business is different – it is crucial to evaluate your needs and expectations. Always consult a financial expert and conduct the appropriate research before making any financial decisions for your business.

Bank loans

Bank loans are a traditional form of financing that can be used to finance a variety of business expenses, including leasing a new space.

SBA loans

The Small Business Administration (SBA) offers a variety of loan programs that can be used to finance business expansion.

Venture capital

Venture capital is a form of equity financing that can be used to fund high-growth businesses.

Once you’ve chosen a type of financing, you’ll need to negotiate the terms of the loan. This includes the interest rate, the repayment schedule, and any collateral requirements.

Taking on debt comes with many risks. If you’re not able to repay the loan, you could lose your business. That’s why it’s important to carefully consider the risks and rewards before taking on financing to expand your business. 

If you’re not sure what types of financing you might be eligible for, Lendio gives you access to small business loan options from 75+ lenders. Lendio is a marketplace that shows you all of your loan options in one place. 

The opportunity cost of business expansion 

When you expand your business, you are investing in the future of your company. However, there is always the opportunity cost of expanding. In other words, what are you giving up by taking on debt and expanding your business?

Some of the potential opportunity costs of expanding your business include:

Future profits

If you take on debt to expand your business, you will have to make loan payments. This can reduce your profits in the short-term.

Market share

If you don’t expand your business, you may lose market share to your competitors.

Ability to stay competitive

If you are unable to expand your business, you may not be able to keep up with the latest trends and technologies.

It’s important to weigh the potential opportunity costs of expanding your business against the potential benefits. If you believe that the benefits of expanding outweigh the costs, then financing may be a good option for your business.

Evaluating opportunities, and risk

In addition to assessing the opportunity costs associated with expanding your business, there are several other factors to consider when evaluating whether or not to use financing to expand your business.

Your business plan

Before you begin expanding your business, or take on any new or additional financing, you must have a clear business plan. This plan should outline your goals for the future of your business, as well as how you plan to achieve those goals.

Your financial situation

Carefully consider your financial situation before taking on financing. Make sure that you have a strong financial foundation and that you can afford the monthly loan payments. Consult a financial professional if necessary.

The type of financing

There are a variety of different types of financing available, first evaluate your options then choose the type that is right for your business. For example, if you have a good credit score, you may be able to get a bank loan with a lower interest rate.

The terms of the loan

Once you’ve chosen a type of financing, you’ll need to negotiate the terms of the loan. This includes the interest rate, the repayment schedule, and any collateral requirements.

Expanding your business can be a great way to grow your profits and market share. But it’s important to carefully consider the risks and rewards before taking on financing. By following the tips in this blog, you can make sure that you’re making the best decision for your business.

How to Navigate the Commercial Real Estate Buying Process

Investors often say that buying property is a win-win proposition, no matter your market. Even in times of recession or economic downturn, there’s always a promise that the property’s value can appreciate over time. In the commercial real estate world, this promise is almost always backed up by entrepreneurs looking for space or your own company taking over the property for business purposes. 

Whether you’re a fully-established business looking to expand and find a permanent home, a small business trying to get your feet beneath you, or an investor looking to capitalize on a growing market, an investment in commercial real estate can be a lucrative endeavor. 

Why Should You Invest in Commercial Real Estate?

Compared to leasing a commercial space, buying a property can afford you numerous advantages (both financial and logistical in nature) and can also serve as an investment in the future of your company. From adding manufacturing facilities to additional office space or support centers, having a physical location to expand your business and help your bottom line in the long-run can be hugely beneficial to companies of any size.

Additionally, there are other benefits to purchasing a commercial real estate property as opposed to leasing a space, including:

  • Complete Control. By purchasing a commercial real estate property, you’ll be provided a remarkable level of control over your company’s space. While you’ll be responsible for all utilities, insurance, and maintenance costs, you’ll also be free to make any improvements, expansions, or aesthetic changes you may want to make. 
  • Reliable Overhead Costs. You’ll never have to worry about rent increases when you own your own commercial real estate property. With a fixed-rate loan, you’ll have no exposure to detrimental changes in the commercial real estate market in your area. 
  • Tax Benefits. While your accountant can provide more details about your specific property’s potential for tax breaks and deductions, you’ll be able to write off your mortgage interest, property taxes, and other business expenses you wouldn’t otherwise be allowed to deduct on your annual tax filings if you were leasing a space. 

What to Ask Yourself (and the Previous Owner) Before Purchasing Commercial Real Estate

If you’ve never completed a commercial real estate purchase before, you probably still have many questions. It’s a complex endeavor and one that can flummox any first-timer, so before you make a decision on a property, ask yourself, your team, and the current ownership the following questions:

Why is the Property for Sale? 

There’s any number of reasons to sell a property, but knowing why the seller is motivated can help you understand the market situation and business realities in the area. If you can find out why a property is for sale, it can also help you in the negotiation process if the seller is eager to free themselves of the space.

What is the Property Currently Being Used for? 

Beyond the zoning requirements for the property, it’s useful to consider what the property was previously used for and whether or not it was successful in that space. For instance, if you’re buying a space to establish a coffee shop and the previous occupant was a bakery that failed, you might want to consider a different location.

What’s the Condition of the Property? 

Obviously, you’ll want a licensed property inspector to look into the details of the building’s condition, but it should be apparent from a simple eye test whether the concrete needs repair, drywall needs patching, or if the HVAC/heating systems are aged beyond efficiency. You should conduct a thorough walkthrough and take notes of any damage or potential improvements the space could use should you decide to make an offer. 

What’s Happening in the Surrounding Area? 

The value of a commercial property isn’t just defined by its condition, age, or appearance; it’s also influenced by its location and the neighborhood in which it resides. Take some time to walk around the area and look into any plans for development, upcoming construction projects that could impact your business, or improvements to public transit that could be beneficial to your company’s future?

Important Steps in the Commercial Real Estate Purchase Process

Any real estate transaction involves a lot of moving parts, but commercial real estate investment is a bigger fish. Whereas residential properties used for leasing purposes often garner lower returns on investment and shorter lease terms, commercial real estate requires longer leases (even exceeding 10-15 years) and monthly rent is calculated by square footage. 

If you’re interested in investing in commercial real estate or purchasing a property for your own company, consider these important steps before you begin your search in earnest:

1. Why Buy?

As with any major purchase, you need to seriously consider why you’re looking to invest in commercial real estate property. Is it simply for the promise of a return on your investment? Or perhaps you’ve located a space that better suits the future of your business? Is your current space not accommodating your needs for growth? Look at what you want to accomplish with a commercial real estate investment and then find a property that could provide what you need.

2. Consider the Different Commercial Real Estate Property Types

If you’re simply looking to invest in commercial real estate properties and generate income by leasing those spaces, you need to consider the different types of commercial real estate. Of course, if you’re a retailer, a space built for retail shops should be your primary focus in your search. But from restaurants, coffee shops, retail spaces, office space, professional buildings, large-scale industrial complexes, and mixed-use facilities, each type has its own potential for generating income over the long-term.

3. Ensure Your Financing is Secure

Not only will getting pre-approved for a commercial real estate mortgage help you better understand how far your credit and liquidity can take you, but it will show potential sellers that you’re motivated and ready to move forward on a property. 

4. Establish Your Criteria and Build Your Team

Aside from dedicating the energies of a new property search to a dedicated point person in your employ, it’s important to bring on an experienced commercial real estate agent specializing in your area of interest. In addition, you’ll want to seek out a commercial real estate attorney and a certified personal accountant to keep the numbers and terms on track. 

5. Begin Your Search – and Do Your Homework

Now that you know what you’re looking for, you and your team can begin narrowing down the potential list of properties to tour and consider. It’s important to avoid settling on the first available option if it has shortcomings that might stymie your growth. You should also look into the property’s history before making an offer. How many upgrades/repairs have been performed? Has the building taken any damage from water/mold/asbestos, etc.? Only once you’ve built a list of pros and cons for each potential space should you move forward. 

6. Make an Offer

Once you’ve found the right property for your needs, you’ll want to draft a Letter of Intent (LOI) showing that you’re pursuing interest in securing the space. In the case of a commercial real estate purchase, including a contingency clause in the offer letter can protect you in the event that the property doesn’t pass an independent property inspection. Once you’ve consulted with your real estate agent, accountant, and lawyer, you can move forward with the offer and begin the negotiation process. 

7. Do Your Due Diligence

This part can get messy if you don’t have your proverbial ducks in a row. Once you’ve gotten the offer on the property owner’s desk, it’s time to fine-tune the process. You’ll need to get an ALTA survey, bring on an escrow officer, and property inspector. There’s a ton that goes into finalizing a property sale, so making sure things like property boundary lines, easements, access rights, titles, bills of sale, assignments of contracts, warranties, etc. are all lined up to avoid legal action (upon both the buyer and seller) post-sale. 

Key Terms to Keep in Mind as a First-Time Commercial Real Estate Owner

If you’ve previously invested in residential real estate or have simply leased your previous commercial real estate properties, there are numerous new terminologies you should be aware of before pursuing a commercial real estate transaction.

  • Ad Valorem – Ad Valorem is a tax calculated based on the current value of the property in question.
  • Debt Service Coverage Ratio – This is a metric that analyzes how much of your operating income goes toward paying down your debt each year. 
  • Capitalization Rate – Capitalization rate is measured by how much income the property in question takes in against the total market value of the property. 
  • Cash on CashThis shows how much income your organization has made versus how much you’ve invested in the property, including the amount of your initial downpayment. 
  • Loan to ValueHow much money you’re borrowing against the total value of the property you’re trying to purchase. 
  • Vacancy RateThis is hugely dependent on the market in your area. Vacancy rate shows the percentage of comparable, vacant properties during the same time period in your immediate area. 
  • Useable vs. Rentable Square Footage – Just because you’re offering a certain square footage doesn’t mean that’s usable by the tenant. “Rentable” square footage can include the usable square footage of the space plus a certain percentage (or pro-rata share) of the building’s common areas, including shared meeting rooms, lobbies, restrooms, utility closets, elevators, parking areas, etc.
  • Net Operating Income – NOI refers to any income you generate from the property after expenses are taken into account, but does not include load payments, value depreciation, or taxes. 

Successfully completing a commercial real estate deal is a monumental accomplishment that takes time, effort, and a lot of energy. But as rewarding as the endeavor can be in the long-term, entering a commercial property ownership role can be frustrating if done without a cohesive plan of action. With the information above, you’ll be better equipped to handle the ups and downs of the entire process.

The Best Questions to Ask During Your Virtual Office Space Tour

Whether in the middle of a global pandemic or short on time, having the ability to virtually visit a commercial real estate space without having to actually book an appointment is a convenience no matter the circumstances. Being able to visit a space without the time and commitment of an actual visit – let alone several during the course of a day or several weeks – is an immediate time-saver. Everyone’s time and attention are important, so brokers and listing agents should strive to provide an alternative to actually visiting a potential space. 

But there are some obvious differences and drawbacks between a virtual tour and actually visiting the space. Aside from being able to physically inspect certain details and ask the real estate agent questions during the walkthrough, it’s also possible that what’s displayed on the listing website isn’t 100% representative of how the space actually looks. In normal times, you shouldn’t rent any property – commercial or residential – sight unseen and leaving yourself exposed to bait-and-switch tactics and misleading photography or listing details. 

So, just as when preparing for an actual walkthrough, there’s wisdom in preparing your questions ahead of time and knowing what to ask during your virtual tour.

Questions to Ask During Your Virtual Tour

Besides the typical questions to ask during a property tour, the differences in a virtual tour should prompt more discussion. You’ll want to be prepared with a list of questions about the physical aspects of the space, any amenities you may require, and even details about the basics of each room. You can’t walk through and see locations for power outlets and network infrastructure, for example, so thinking ahead and imagining yourself during a physical tour will help you fill in the gaps during your virtual one.

You’ll also want to ask the realtor the following:

  • -Is this space a model property, or the actual vacancy in question?
  • -How recently have these photos and video tours been updated? 
  • -How many workspaces have been previously used in the property?
  • -Have previous tenants made any upgrades or changes to the property?
  • -Are there photos of any damage I can inspect?
  • -Will any tenant build out allowances cover improvements for social distancing requirements?
  • -Does the building have a demonstrated history of companies utilizing distributed working conditions?

These are just a few examples, but with the unpredictable times in which we live, it’s critical that a modern office space can provide flexibility for companies that need to shift gears in a hurry. 

Important Differences to Consider Between Virtual and In-Person Tours

First, it’s important to distinguish between staged photography and the real thing. While you can’t be there to physically verify the authenticity of what’s presented to you, there are a few easy ways to telling between the real thing and what’s on your screen.

  • -Be Wary of the Wide Angle: Despite the need for a “fish-eye” effect to film virtual reality tours and show every corner of a room, wide-angle lenses can misrepresent the actual size and scope of a space. When viewing the property from the comfort of your screen, be sure to get concrete details about the square footage and usable space of each room so you can make comparisons. 
  • -Look for Disclosure: Any images that have been digitally altered or virtually staged should have a disclosure of that fact below. Asking the tour guide what specifically is edited will help you get a more realistic sense of how things actually look inside the property. 
  • -Virtual Staging Tricks to Spot: Real estate professionals work meticulously to physically stage properties for expensive photo and video shoots, agonizing over the artwork, interior design, and even the color of items displayed in a photograph. Virtual staging is becoming more and more versatile, allowing realtors to change items on the fly. But being in a space makes it easier to assess the flow of a room and which objects should go where. If a couch looks like it’s in the wrong place or a table obstructs major walking paths, there’s a good chance the property has been virtually staged. 

Because realtors want to represent how a space “could” be compared to how it might be at the moment (that is, empty and without furniture, in most cases), it can actually be beneficial to ask for a few examples of layouts during your tour. If they don’t have them available, modern technology allows for quick adjustments, helping you imagine how your space could look once you move in.

Best Practices for Your Virtual Tour

  • -Find a reputable broker. Especially because you can’t always face-to-face with a commercial real estate broker, it’s important to ask for referrals, references, and check credentials. What’s this broker’s history and experience in the market? How long have they been working in commercial real estate? Do they specialize in certain types of properties, or is this listing a bonus to their portfolio? These are all fair questions to ask.
  • -Do your homework. Looking through public data on building history, contracts, and construction projects isn’t the most satisfying project on your to-do list, but investigating a potential space beforehand won’t just give you an idea of the space in question – it’ll arm you with more questions to ask during your virtual tour. And given the nature of the virtual tour, it’s important to keep records of written conversations if you decide to close on the property.
  • -Be polite, but inquisitive. You may find yourself spending even more time during a virtual tour than a physical one simply because you’ll need to ask a lot more questions of the realtor than what you can see and inspect in person. It’s easy to feel that you’re using up a lot of the realtor’s time and forcing them to dig deeper on the details than they may be used to. But in our current reality, both parties need to do their homework and get as much information as possible before moving forward. 
  • -Be prepared. Aside from your exhaustive list of questions, it wouldn’t be a bad time for a technology upgrade. Many property listings include an option for virtual reality tours. And while these don’t require a VR headset, the image will appear distorted without one. If you’re trying to make a substantial decision on how to invest in your company’s future, upgrading your hardware isn’t a bad idea. 
  • -Research virtual staging and digital listing techniques. Technology is a wonderful, ever-changing thing. And while photoshopping images isn’t a new technique, it’s a powerful one. Getting a sense of what’s been incorporated into the virtual tour to improve the appearance of the property will help you get an informed perspective – albeit a remote one. 

It’s difficult to predict the future and how things will change during times of crisis. As you move forward with your office space search, it’s more important than ever to be prepared to ask more detailed, specific questions during a virtual tour to ensure you’re making an informed decision for your company’s future – no matter how that looks today.

The Future of Commercial Real Estate: Going Digital

There’s no tried-and-true method in finding the perfect commercial real estate property. In the “good old days,” you’d look for advertisements in local newspapers, trade magazines, and call around to brokers to meet and discuss your options within their portfolio. But with the growth of the digital media market and diversification of technology, there’s no shortage of resources to help you find the right fit for you and your company. 

The benefits of adopting a digital-first approach for your commercial real estate research makes total sense. Without even leaving your computer (or smartphone), you can access and compare details, visuals, and even participate in virtual walkthroughs to save a lot of time and energy if the property just isn’t the right fit. 

Before we dive deeper, it’s important to know the resources available to brokers, how to identify misleading property listings, and where to look when you need advice in the ever-changing realm of commercial real estate. 

Here are a few ways taking a digital-first approach to commercial real estate shopping can save you time, energy, and money.

More Resources at Your Fingertips

From the perspectives of both buyers and sellers, utilizing the vast amounts of data, listing websites, and market research available via just a few clicks can help you sort and manage your “maybes,” “nice to haves,” and “that’s perfect” properties at any end of the equation. Whether its free services like Zillow, OfficeSpace.com, or even Craigslist, you can easily find and access information about potential properties without even contacting a broker. Of course, paid services exist and are available to get more information about the history of the space, so there’s virtually no limit to the number of avenues you can use to find the right property for you. 

Utilizing Virtual Walkthroughs

Especially now, more and more listing agents are utilizing digital tools to recreate virtual walkthroughs and digital media assets as part of their listing pages. As long as you’ve got access to a computer or a mobile phone, you’ll literally be able to walk through properties and get a sense of the space without having to leave your desk. 

While the use of virtual tours and other digital tools have historically been utilized in residential real estate, it’s not uncommon to have these digital assets available for commercial real estate listings nowadays. In fact, commercial real estate brokers now have plenty of options at their disposal, including virtual tours, staging, 3D floor plans, and drone videography that help give prospective clients a better understanding of how a space looks (and could look) without physically visiting the property. 

More Ways to Reach You

But with all of these advances in tenant-facing technologies and solutions, it’s easier than ever for brokers to see what people are looking for in the market based on keyword searches, key photography, and what’s popular on YouTube. Plus, Google Display Ads will ensure that the property you looked at yesterday will show up wherever you go online. As you go through your search, be wary of services that require you to sign up with an email address, Facebook account, or other restriction before you can view a property. You’ll likely be added to a marketing email campaign, so if you’re just doing preliminary searches or not  really interested in a property, it’s not a bad idea to put a little-used email address to avoid unwanted messages from brokers and listing agents. 

Brokers are also utilizing digital platforms to market their listings and are more accessible than ever before – from posting their listings across listing websites, posting on social media, publishing blog posts, white papers, and even webinars. That’s good for you, as the more information you can gather and share with your team, the more informed you’ll be when it comes to making a solid decision on a new commercial real estate space and the process behind leasing or buying it. 

Streamlining Your Search – and Using Technology to Help

Aside from the obvious benefits of using digital technology in the commercial real estate world, the tools available to help make your search easier and more streamlined are readily available than ever before. This may have been a different story even 5-10 years ago in commercial real estate, but new companies and online resources are making it easier for prospective tenants and buyers to research and complete their transactions online. 

While you’re now just a quick Google search away from finding what you need online, if you’re looking for resources to ease the commercial real estate leasing or buying process, there are notable resources like the National Environmental Title Research Online. NETR is a public directory of all public records platforms in the United States, providing an easy way to locate public records in your area in order to find ownership history, construction projects, and other publicly-available information about the property in question. Not only will this help you understand the history of the building, but it’ll allow you the opportunity to leverage this information during a lease agreement negotiation. 

There are also services like biproxi, a platform that specializes in helping commercial real estate brokers, sellers and buyers. For buyers specifically, biproxi provides an easy way to access data reports, including Phase 1 ESA reports, sales comps, property valuations, and appraisals to help you during due diligence and closing.

And then of course, there are free commercial real estate listing websites like OfficeSpace.com that offer tenants and buyers a comprehensive look at the available commercial listings in their area. And, should you approach a tenant representation broker and move forward with your search, you’ll be able to reference the spaces you’ve located on these platforms, giving them an idea of what you’re looking for and your price range right away, speeding up the process and getting you into your new space faster. 

Assessing the Technological Aspects of a Physical Space

Especially with the onset of COVID-19 and the shift to a more work-from-home tolerant business community, it’s important to look for the infrastructure, resources, and perks that a building itself can provide to its occupants – whether they’re working there full-time, remotely, or on a rotation. Whether it’s smart lighting, integrating charging ports at workstations, server space, modern air filtration systems, or dedicated fiber lines, a listing that shows the most information about a property will only help your efforts in picking the right space for your company’s future. 

Technology touches everything we do in our modern lives, but it’s especially true in commercial real estate. Even as you utilize some of these tips in your research, it’s important to do the due diligence in investigating beneath the surface. Contacting neighboring tenants to ask about the property owner, asking for references on previous tenants, and learning more about any recent improvements or upgrades the building has undergone won’t be found on every real estate listing page. 

Especially as more millennials become an increasingly larger demographic for commercial real estate, you can expect to see more virtual and digital ways to experience potential properties – and that’s a huge win for anyone looking for their next commercial real estate space. 

Commonly Missed Expenses for Building Owners

Sure, you have a budget or estimate of what you expect your occupancy cost to be, but what can you be missing that may impact your actual occupancy cost? The list of expenses included in calculating occupancy cost is long and can include many unexpected or unforeseen items. Having an in-depth understanding of what the lease language includes, and doesn’t include, will help you understand the potential exposure you have related to occupancy cost. Lease language will have a big impact on whether certain expenses are the responsibility of the tenant or landlord, and although the language is typically clear, there will still be grey areas where it’s not so black and white. A seasoned tenant rep will be able to help validate occupancy cost budgets and forewarn of risks involved with certain lease language. With the plethora of different expenses included in your overall occupancy cost, it can be easy to miss or overlook some of these expenses.

CAM Expenses

Common area maintenance expenses, commonly referred to as CAM expenses, are typically paid for by the property owner or landlord and billed back to individual tenants through a monthly payment based on their pro-rata share of a CAM budget. These monthly payments are ultimately reconciled at the end of the year and if the CAM budget was underestimated or missing certain items, the actual expense can be quite higher than expected. Although CAM expenses are described in a lease document, it does not mean it’s clear on how much will be paid towards CAM. First-year CAM payments are usually an estimate based on a proposed estimated budget or actual expenses from the previous year. Neither one of these amounts may be an accurate representation of the actual CAM amount for any given year. Some leases may include a CAM cap where the tenant has a cap on the total amount they are required to pay, ultimately leaving any expenses above that amount the responsibility of the property owner or landlord. A CAM cap can be set at a fixed amount or based off a percentage increase over the actual CAM expense from the previous year. Monetary donations to political or charitable organizations are sometimes passed through as CAM expenses to tenants. This could be a grey area and may not actually be reimbursable items depending on the lease language. A tenant may also have the right to audit or protest CAM reconciliations and can withhold payment for any expenses they feel is not allowable per the lease agreement. This can result in unforeseen legal fees, not to mention lost time and the potential for non-payment.

Repairs

When it comes to repairs, it is usually pretty clear what falls on the property owner or landlord and what falls on the tenant, but again there can be a lot of room for dispute. If it is not specifically listed as a landlord responsibility it usually means it ends up having to be repaired at the expense of the tenant, but if the tenant objects or delays repair that ultimately creates additional damage, the costs can escalate for both the tenant and property owner or landlord and unforeseen legal fees may be incurred. A delay in a tenant making necessary repairs could also impact adjacent tenants to the extent they seek financial reimbursement and even a minor issue can snowball into a very costly scenario. 

Fees and Other Expenses

The payment of fees will affect overall occupancy cost. Property owners or landlords typically have the right, per the lease agreement, to charge certain fees to tenants. These fees may include management fees, administration fees, late fees, maintenance fees, amongst others. The property owner or landlord may incur direct fees itself including late fees, false (fire) alarm fees or non-compliance fees imposed by the city and these fees may not be reimbursable through CAM and will ultimately be an additional, unforeseen expense. Special assessments may be imposed from time to time and will also affect occupancy cost.

Other expenses that can be commonly overlooked include the cost of contracts or inspections required to keep the property operating legally and in compliance with the law. Depending on use, you may be required to have routine inspections done on equipment and be required to have certain monitoring or alarm contracts that can also add to your overall occupancy cost.

Utility

Utility expenses may vary especially if you have a water main break inside your property limits that results in very costly repairs and an unusually high water bill. These repairs may fall outside what tenants are required to pay for through CAM and can significantly increase occupancy cost.

Taxes and Insurance

Taxes and insurance can fluctuate from year to year and these expenses will also impact occupancy cost. There can be a lot of grey areas regarding both taxes and insurance and determining the actual legitimate reimbursable amount may be hard to determine if the lease language is vague. A smart tenant will want to make sure the landlord is not including expenses related to items that are not specific to the general operation of the property and that insurance premiums are not influenced by their negligence at any other properties the landlord may control. 

It can be challenging to accurately predict actual occupancy cost, even with a fixed rent and fixed CAM many unforeseen expenses can arise. It’s best to play the ‘worst-case scenario’ game so you know the financial risks involved in what could be unforeseen expenses that affect actual occupancy cost. It’s wise to account for the time and resources that may be needed to resolve certain unforeseen issues that may arise at any given property. There will always be something that gets overlooked or is unexpected, but the more you can take a step back and look at the big picture and role-play any scenario the better off you will be in predicting what could be your actual occupancy cost.

Need to Break Your Commercial Lease? Here’s Everything You Need to Know

Committing to a long-term agreement like a commercial lease is a potentially frightening proposition as a business owner – especially if you’re just getting started. But even more uncertain than the lengthy duration of a commercial lease agreement is the possibility that you may need to leave the agreement early. Whether it’s due to insolvency or (hopefully) the need to expand your team beyond the space’s capability, breaking a commercial lease agreement can be a complicated – and expensive – proposition for any company.

Depending on the wording in your commercial lease agreement, you may be on the hook for the remainder of the lease term as well as any applicable penalties and fees. 

Why Would a Company Need to Break a Commercial Lease Early?

Hopefully, the primary reason a company would need to break their commercial lease is to expand into a larger space in order to accommodate unexpected growth. The other (unfortunate) side of the coin is insolvency, bankruptcy, or closure of your business. While there’s wiggle room in between for unique circumstances, these two scenarios are the most common. 

How to Save Money Breaking a Commercial Lease

There are ways to save money on the remainder of your commercial real estate lease agreement. The most common is to locate a subletter, allowing another tenant to take custody of the property for the remainder of the lease under the same terms. However, that leaves you ultimately responsible for any damage to the property until the conclusion of the lease and typically need to be approved by the landlord.  

The potential for locating a subletter depends on market conditions, the landlord’s willingness to approve a subletter, and the wording in your original lease agreement. 

Depending on the language contained within the lease agreement, you may not have the option to sublease the space at all. More moderate terms are common, allowing tenants to sublet the space at the landlord’s approval and at their discretion. Others strictly prohibit any form of assignment or subleasing whatsoever, making the issue more difficult for those seeking to end their lease. 

As we’ve discussed in more depth and detail, subletting a commercial real estate space allows you to reassign the financial responsibilities associated with the lease until its conclusion, but typically leaves the original leasee (you) responsible for any damages to the property until the original term is complete. But, on the other hand, if you find a reputable subletter who will pay their rent on time, care for the space, and has the intent to sign a new lease when your original term is done, it can be a huge financial boon for your business – especially if you’re moving into a larger, presumably more expensive, space. 

How to Negotiate a Lease Agreement with Easier Termination Terms

Having a tenant representative broker on your side during the initial lease negotiation process will help you lay out any “must-haves” on your end of the bargain, helping you with early termination penalty clauses and options for buy-outs within a certain timeframe. Landlords, especially in down markets, will want to provide themselves enough time to make necessary repairs and list the property on the market before your exit, so having language in place for early exit notification and stipulations on penalties will typically be the best outcome you can get in this situation.

However, in places with booming commercial real estate markets, landlords may be willing to negotiate on an amendment to the lease agreement to leave early with more favorable terms. The bottom line: if the landlord can secure another tenant at higher monthly rates within the timeframe, you may be able to break your lease with minimal penalty. 

The other factor where a tenant rep broker would be an asset in negotiating for subletting or assignment, therefore allowing you (with the landlord’s approval) to pass along the remaining term of your lease to a third-party. In most cases, you’d be ultimately responsible for the original security deposit and their monthly rent, but would require them to pay you the monthly rent until the lease expires. It’s a more convoluted process than many landlords are willing to accept, but if you have leverage during the initial lease negotiation, you may be able to afford yourself this valuable early exit strategy should the need arise. 

How to Protect Yourself Against the Possibility of Breaking Your Lease Early

Aside from the aforementioned legalese and negotiations, businesses wishing to protect themselves against the possibility of terminating their lease early can do the following:

  • Be realistic: Does your company need this much additional square footage? Will you reasonably grow at the same pace you expect from your business plan at the time of signing? Are market conditions moving in the right direction to invest in a long-term commercial lease agreement, or are you being overly optimistic? You need to ask yourself – and your team – these important questions before making such a substantial investment in a commercial real estate lease and lock yourself in for the duration. 
  • Perform a third-party business audit: As a business owner, you’re constantly looking at the numbers. With a boost of success, it’s normal to feel validity in your achievement, but you can also get rose colored glasses. Before you make a substantial investment in a long-term commercial real estate lease agreement, consult with a business analyst or financial advisor to make sure you’re approaching this next step with the best data possible. 
  • Find office space with room for growth – or retraction: While some spaces may not be glossy or glamorous, they could provide room for your company to expand or retract with an amendment to the lease agreement as needed. Making a moderate expansion in a new space is ideal, but if you’re uncertain about the future prospects of your company, then you should find a space that can accommodate a modular office concept should the need arise. 
  • Be flexible with a smaller space: Even if you’re bursting at the seams at your existing space, moving to a slightly larger or otherwise more suitable facility on a shorter-term lease agreement could be beneficial as your company grows. While space for additional employees could be a struggle, alternative working solutions like rotating work-from-home days, remote workers, and a monthly rental for shared coworking spaces for your employees could mitigate these stresses and keep everyone productive. 

As with any business agreement, you’ll want to ensure all your bases are covered before you approach your landlord with a request to break your lease agreement early. Depending on your history, duration of tenancy, and market conditions, the property owner may be more willing to allow you to end your lease agreement earlier than anticipated. Be sure to give them plenty of time as a notice and consult with your tenant representative broker to ensure the process goes as smoothly as possible for both sides.

10 Considerations When Shopping for a Commercial Mortgage

The primary purpose of a commercial mortgage is to help small business owners add “property owner” to their titles. This accomplishment is worthwhile, as it negates the need for you to pay rent to someone else. As a wise person once said, “Paying rent is like throwing your dollars into a bottomless void.”

When you own a property, your payments build in a way that gives you positive options in the future. You’ll have more control of the property, build your retirement portfolio, and create the opportunity to collect rent from others.

A commercial mortgage can be used for many kinds of property, including warehouses, offices, apartment complexes, stores, and restaurants. And the scope extends beyond just purchasing a property. You can also use this type of financing for new construction, renovating an outdated structure, removing yourself from a lease, or refinancing for a better repayment term.

Regardless of the details, these projects typically require financing that can help you convert your equity into cash.

“Commercial real estate isn’t cheap,” say the entrepreneurial experts from Small Biz Rising. “If you’re a small business owner who’s considering buying or further developing commercial real estate—whether that’s an office building, a shopping center, a hotel, or another business-related property—odds are you’ll need to secure financing from an outside lender. In most scenarios, that usually means applying for a commercial mortgage loan.”

In the financing world, there’s a spectrum of difficulty when it comes to qualifying for and obtaining various loan products. The good news is that commercial mortgages fall on the easier side of things. While SBA loans require piles of paperwork and have strict requirements, a commercial mortgage is a much smoother ride.

One of the main reasons for this ease is that you will secure the loan by using the property as collateral. As long as the property’s value appraises for a sufficient amount, you’ll bypass some of the hurdles associated with typical loans.

However, a commercial mortgage isn’t always a sure thing. Small business loans are always competitive, with lenders looking at a variety of factors before making approval decisions. What’s important is that you provide all the relevant documents, including property blueprints, purchase contracts, scope of work analysis, project budget, and a property market analysis.

Beyond the nuts and bolts of the real estate project, your finances will play a role in the approval decision. So don’t put too much emphasis on the property and lose track of the business side of the equation.

“You’ll need to gather an assortment of documents, including current business and personal tax returns, business-related financial records, personal and business credit score information, bank statements for personal and business accounts, asset and liability statements, profiles of business partners and directors, business plans, and possibly more, depending on the lender,” says Small Biz Rising.

While we’re on the topic of what you need for a commercial mortgage, here are 10 more considerations. Some are major details and others are fairly minor, but they combine to make your application more desirable to a lender.

These loans are big.

Real estate isn’t cheap, so your commercial mortgage will pack a punch. At their smallest, you’ll find amounts around $250,000. But the maximum can go up to $5,000,000 to fund larger projects.

Interest rates are favorable.

With your property serving as collateral to secure the loan, lenders will often feel comfortable offering you interest rates as low as 4.25%.

Repayment terms are also favorable.

Real estate projects are rarely quick. Luckily, neither are the repayment terms. Don’t be surprised to find terms extending up to 25 years.

Your plan can really open doors.

Business plans are always important when seeking financing, but they take on a whole new level of importance with commercial mortgages. Take the time to make sure yours clearly demonstrates your expertise and investment in the project.

Being an owner means added responsibility.

Remember that owning property means you’re responsible for the maintenance. And as sure as the sun will rise, issues will arise. It’s wise to account for upkeep expenses as you budget for your project.

Your business structure matters.

Sole proprietorships can be a solid structure for a business, but not when you’re seeking a commercial mortgage. It’s best for you to form a business with limited liability, such as a limited partnership, LLC, S, or C corporation.

Your past transactions are relevant.

Lenders will look beyond the real estate project to assess how likely you are to fulfill your repayment obligations. Plan on them evaluating your personal finances.

You need to be the majority in the property.

While commercial mortgages are versatile, they still have their limits. For example, you will need to occupy the majority of the building in order to qualify. Even occupying 50% isn’t enough.

Pay attention to the LTV.

Lenders will want you to put up a substantial amount in conjunction with any loan. A common range for the maximum loan-to-value ratio is 65-75%.

These loans can move slowly.

It’s true that commercial mortgage applications are easier than many other types of financing, but that doesn’t mean it’s always a walk in the park. In some cases, it can take a few months for one of these loans to fund.

Construction projects often boil down to a vast array of details. When you pay attention to the nuances and carefully manage your operations, you set yourself up for sustainable success.

On the other hand, if you neglect the smaller aspects of your project, the consequences can be swift. For this reason, take the time up front to organize yourself before you begin any applications. By getting your house in order first, you’ll be in a prime position to smoothly navigate the application process that follows.

Most importantly, this preparation and organization will shine through in your application. And robust business plans and comprehensive applications are proven to work wonders as lenders make their approval decisions.

Should You Buy or Lease Commercial Real Estate Space?

If you’ve already established a successful business and are looking to expand your available space, you’ve got a couple of options to consider: buying or leasing commercial real estate. 

There are benefits and downsides of each and carefully investigating aspects of both is your best way to make an informed decision. 

When to Consider When Leasing Commercial Real Estate

If you’re taking your next step in business growth or just got your first round of financing and looking to expand, a commercial real estate lease is probably your best option. Not only are landlords and property owners less strict about financials and business history than financial lenders, you don’t want to get stuck in a 30 year mortgage payment if your company doesn’t survive a sudden market shift, economic downturn, or other insolvency situation.

Most commercial lease agreements range between 3-10 years depending on the real estate market in your area, so your business analysis and growth potential should be mapped out to at least the ten year mark before approaching a property for lease.

When You Should Consider Buying Commercial Real Estate

You’ve built a business, shown consistent growth, and have plenty of cash on hand, but your current space isn’t doing what it needs to do for future growth. Now is the time to consider purchasing a permanent location for your company. 

Especially if you’re in an industry with specific requirements for space to accommodate specialized equipment or handle heavy warehousing and shipping, purchasing or building on land you own could be the better option in the long-term. But these types of purchases require more significant planning, preparation, and savings in order to justify in the eyes of a financial lender. 

Banks want to ensure that their investment will pay off and that your company will be in business long enough to see the loan through to completion. 

Pros and Cons of Buying vs. Leasing Commercial Real Estate

Benefits of Buying Commercial Real Estate

Equity

As with any real estate transaction, the owner of the property will benefit from any increase in value according to market conditions – and that means equity, or perceived value, from lenders. 

Should your company need an urgent cash flow increase, you may be able to use the equity in your commercial property as collateral against a business loan or mortgage. This isn’t possible if you’re leasing a commercial property and will limit your ability to grow or adjust as market conditions change, so if you’re able and ready to purchase a space, you’ll have a greater financial advantage moving forward. 

Assets and Collateral

Having a commercial real estate property on your real estate portfolio is a nice boon – as long as the property appreciates. 

Potential for Rent and Additional Income

Most companies that purchase commercial real estate occupy at least 51% of the property, renting the remaining space out to other companies and tenants. While the additional income potential is obvious, you’ll also be acting as the landlord for each additional tenant unless you hire a property management company, but that will cut into your profit margins. 

Tax Benefits

When owning your own property, you can calculate your pax benefits by deducting interest expenses, any depreciation expenses, and anything you pay toward the property outside of the monthly mortgage payment. But compared to commercial real estate leases, where you can deduct the entirety of the monthly rent payment, you can’t deduct mortgage payments. 

Complete Control Over the Property

While landlords can dictate (within certain terms) the amount of monthly rent increases you’ll pay, having a fixed mortgage loan payment means you’ll be able to budget the exact same payment number every month for the length of the loan. Furthermore (and perhaps more importantly), you’ll be able to change any features, make upgrades, or simply add a new coat of paint to the property without asking permission. 

Downsides of Buying Commercial Real Estate

Increased Upfront Financial Requirements

Compared to leasing a commercial property, you’ll need to invest substantially more in upfront costs when purchasing a space. Because of the nature of the loan, lenders require a down payment and/or collateral against the loan. This typically consists of 10-20% of the loan, but depending on your credit, you may need to provide even more upfront. Additional costs include any due diligence you need to perform before the sale goes forward and closing costs when you complete the transaction. 

Liability

As the property owner, you’ll be responsible for the health and safety of the people inside it as well as dealing with the repairs and maintenance of the space. And if you decide to rent any portion of the property to other tenants, you’ll be liable for their actions, making additional insurance policies an must-have financial burden. 

Risk of Market Depreciation

While investing in real estate is typically a smart move, getting locked into a mortgage and then having the market go south can be a painful pill to swallow – especially if your lender is unwilling to refinance your mortgage loan. And should a market adjustment affect your business and force you to sell the property, you’ll be on the hook for any loss in value incurred. 

Decreased Flexibility 

Compared to commercial lease agreements, which can last between 2-10 years or so, a mortgage on a commercial property can be between 15-30 years or more. With that kind of long-term commitment, it can be difficult to adjust to your company’s needs should you have to expand. 

Benefits of Leasing Commercial Real Estate

Increased Liquidity and Fewer Financial Requirements

There’s significantly lower financial requirements when leasing commercial real estate than attempting to buy a property. You’ll need some cash on hand for inspections, attorney’s fees, and whatever deposits the landlord requires, but ultimately, your credit and financial requirements will be much more lax compared to applying for a mortgage loan on a commercial property. 

Tax Benefits

Just as with purchasing commercial real estate, you’ll have tax benefits associated with leasing a space. 

When calculating your taxes, you’ll be able to factor in:

  • Monthly lease payments
  • Contributions to property taxes and insurance
  • Utilities and maintenance costs factored into your lease agreement

However, unlike purchasing a property, you’ll be able to deduct the entirety of your lease payment when calculating your taxes. That means more savings overall than you’d see if you owned the property. 

Increased Flexibility 

For a medium-term lease agreement (5-10 years), you’ll have greater flexibility in changing to a smaller or larger space should your company’s needs demand it. When compared to purchasing a space outright, you’ll be able to adjust your needs more quickly than being locked into the same property for a 30+ year mortgage. 

Downsides of Leasing Commercial Real Estate

No Equity or Real Estate Investment Opportunity

Because you won’t own the space in which you occupy, you won’t recoup any money on a sale should the market value increase during your occupancy. Any money you put toward a monthly payment won’t ultimately benefit you in the long-run. 

Higher Monthly Payments

Depending on your lease agreement, you may be contributing to property taxes, insurance, and utility costs your landlord passes along to you. Plus, if property taxes increase alongside your monthly rent after the first year (again, depending on the terms of your lease), you’ll be paying more than a monthly mortgage loan payment on a comparable – or better – property. 

Decreased Control 

If you choose to lease a space, you’ll be at the whims of the landlord as to any changes or alterations you might need to make your business more comfortable and successful. Furthermore, there’s the common practice of annual escalations, which say the landlord may increase your monthly rent up to a certain amount each year, making it difficult to budget appropriately. 

What to Ask Yourself About Buying or Leasing Commercial Real Estate Space

Whether you’re planning to purchase or lease commercial real estate, you’ll want to consult with a tenant representation broker to help guide your search and help with the negotiation process. And while you may need to take out a line of credit or business development loan to secure a commercial lease agreement, it’s a different beast to apply for a commercial real estate mortgage. For that, you’ll need a longer business history, more detailed business planning, tax and financial statements for several years, and a substantial down payment and/or collateral in order to secure the mortgage. 

As with any substantial business decision, you’ll want to do a cost/benefit analysis before you make your choice. But between leasing and buying commercial real estate, you’ll also want to consider the following:

  • The current size of your company
  • Current space limitations (and how it hinders future growth)
  • Average monthly cash flow
  • Financial capital and lending potential
  • Availability of space in your area

When you’re considering the potential pros and cons for either leasing or buying commercial real estate, the number one determining factor should usually be costs. But you’ll also want to consult with a commercial real estate broker, lawyer, mortgage adviser, and an accountant before making a decision one way or the other. 

The Best Time to Start Looking for Office Space

As exciting as looking for new office space can be, it’s also a daunting undertaking. Whether you’re looking for your first permanent office space or hoping to expand, the process is very similar. Aside from the logistics of actually relocating, ensuring continuity of business, and finalizing the lease negotiations, you’ll need to take one crucial factor into consideration: timing. 

The best time to start looking for office space is hugely dependent on your own situation. Real estate brokers and landlords alike will be pushing to close a deal as soon as possible, but remember one thing: you know your business better than anyone else. There’s a certain level of gut feeling that goes into making such a substantial investment. With this guide, you’ll be better equipped to determine when you should begin looking into additional office space and establish a foundation for your company’s future.

When’s the Right Time to Begin Looking for Office Space?

The common consensus in seeking new office space is this: you can’t start early enough. Most commercial real estate transactions take several months and involve a bevy of professionals. From building inspectors, local permitting, real estate brokers, and contractors, you’ll likely be waiting to move into a new space at least 3-6 months after you’ve signed a lease. 

Even if your company isn’t quite ready to move into a new space, your sales and growth projections should show exactly when you’ll be outgrowing your current space. Utilizing those figures, you’ll have a clearer picture as to when is the right time to move locations – but that should include the search process. Once you’ve hit your goals and have reasonable growth projections nailed down, you’ll want to start looking for new office space right away. 

Of course, your company’s finances will determine just how much you can afford, so before you begin your commercial real estate search, it’s important to reduce any financial liabilities on your books. That could include business or personal debts, loans, or lines of credit tied to your company and its stakeholders. 

In order to get a clearer picture as to your company’s ability to lease a new property, you’ll want to employ a business analyst, a tenant rep broker, and a real estate attorney to help you negotiate a lease agreement in the future. As for your company’s participation, the best plan of attack is to designate a small committee to begin searching for a new property about a year from a desired move-in date (ideally, this would closely coincide with the termination of your existing lease agreement). Set a criteria: desired square footage, budget, lease term, amenities, nice-to-have features, and essential components for your next space. 

How to Reduce the Length of the Search Process

While it’s easier than ever to find suitable commercial real estate spaces, the biggest deterrent to a speedy transition is the lease negotiation process. That’s why it’s so important to make your company as attractive as possible to prospective landlords. That means getting pre-approved for business loans, establishing your needs and priorities when it comes to a particular space, and showing a willingness to move quickly in order to get a deal done.

Moving quickly requires expertise, and a tenant representative broker has exactly that. With their experience in the market, relationships with other landlords, and savvy with the transaction process, they should be able to take your lead and get a deal done fast – to your ultimate benefit. 

However, an eager potential tenant could demonstrate desperation in the eyes of a landlord and could hurt you in the negotiation process. It’s a tricky tightrope, but having several options available to you throughout the negotiations will help with leverage and provide a fallback in case things go south with one option. 

What to Keep in Mind While You Look for New Space

There’s no way to tell exactly what your company needs without knowing the nature of your business and your culture. That’s why it’s so important to bring in your internal team for the search process. Creating a search committee within your existing organization won’t just be a great asset for you when looking for a new property, but it will create a sense of inclusion in finding your next home. 

Aside from the personnel considerations, you’ll want to consider each property based on your needs. If you simply need an office space, determine what priorities you’d like to set to improve conditions for your team and make the best use of the available – and hopefully – larger space. 

If you’re operating in a specialized industry, look for opportunities in the vacant space to improve and upgrade to best suit your needs. Obviously, if you’re working in manufacturing, you’ll want space to install equipment and store your products. But the best option is to go with your gut: does the space feel right? Can you envision working here for several years? Is there room for expansion and growth? These factors don’t always make it on the commercial lease agreement terms, but you’ll know the right spot when you find it. After all, you know your business better than anyone else. 

How to Deal with Your Existing Landlord

During your search process, you’ll want to consult your existing lease agreement: does it contain any language about assignments? What about subleasing? Either terms contained within your lease agreement may contain restrictions about your ability to lease your existing space early. However, if there’s no language about subleasing or assignments, you’re welcome to do either at your discretion – but this is rare. Landlords want to control the quality of the tenants occupying their space; others will flatly reject a tenant’s ability to assign or sublet a rented space. In some lease agreements, landlords will permit subleasing with their consent and approval. If you have a good existing relationship with your landlord and have found a subtenant that would suit their needs, you shouldn’t have a problem. Otherwise, you may be on the hook for early termination penalties should you vacate the property prematurely. 

You’ll also need to provide your landlord with a written notice of your move (usually 30 days in advance and by certified mail). The notice should include the following:

  • Today’s date
  • Name of landlord
  • Property address
  • Notice of intent to vacate and at which date
  • A forwarding address 
  • Signature of tenant

Your landlord will likely reply by mail or email and discuss next steps. Be aware that they’ll want to put the property on the market as soon as possible and begin showing the space to potential tenants. 

Ensuring a Smooth Transition to a New Office Space

If you’ve never relocated to a new office before, you should know one thing: starting early is your easiest way to avoid headaches. Planning, searching, making decisions, and finally executing the plan could take over a year – and that’s generous for small-to-medium sized businesses. 

The most important part of initiating an office move is to communicate clearly and honestly with your team. Not only will this move affect their workspace, it’ll impact their commute and daily routine, so the more notice you give, the more excited they’ll be about a shiny new office.

You’ll need help dealing with the nitty gritty details of the new space, so enlist some of the more excited employees to help manage seating arrangements, purchasing of new furniture, equipment, and decor, and to inventory existing possessions that may be obsolete or unneeded in the new space. 

You’ll also want to ensure everything is packed, moved, and unpacked according to your needs once you get to the new office. Because continuity of business is key, having someone there to supervise the movers and ensure everything is setup correctly for day one will help avoid a painful first day. Getting necessary infrastructure like internet, phones, and cable connected before the move-in date goes without saying. 

Lastly, looking back at the old space, hiring a professional cleaning service will help once you’ve cleared out your equipment and furniture. Any unneeded or unwanted furniture should be donated, recycled, or sold at warehouse auction – and you’ll need someone to help organize that, too. 

Once you’ve settled in, completed your months-long journey and started a new one, don’t forget the small stuff: your employees will want to celebrate – and so should you.