Occupant Mistakes

Occupants of commercial real estate, also referred to as users or occupiers fall into two categories - tenants or owners. To draw a finer distinction - both are tenants - however one genre pays rent to an unrelated third party, a landlord and the other pays rent to a related owner of the building. Most common in the second type, is a real estate ownership structured as a limited liability company, LLC, and the occupier a corporation. 
 
Today, I want to focus upon some common mistakes I witness occupants make in their commercial real estate decisions. 
 
No agreements. Too frequently, I see this with occupants whose building ownership is synonymous with that of the operation. A building is purchased, many times with debt, and a mortgage payment is originated. Additionally, property taxes, insurance, and maintenance are incurred. Resulting is a payment - rent - which ownership charges the resident. Unfortunately, the payment has no relation to a market rent for a comparable building. The owner has her costs covered and believes everything is golden. Unfortunately, a subsidy - charging the company less than market - devalues the operation. If a market rent was charged, a deduction in profit results. Conversely, billing too much places undo strain upon the occupant and ready sources of capital are consumed. This can limit the ability to hire, buy machinery, and grow sales. 
 
Once a satisfactory market rent is determined, it’s critical to have a written agreement between the parties - outlining the rent, expenses, term, increases, and options. 
 
I once had a client forced to move because no written agreement existed between the owner and occupant. Unbeknownst to the occupant, the owner had deeded small portions of the building ownership to various entities, such as ex-wives, charities, ex-girlfriends, and the like. When the owner met his untimely demise, the occupant - who was also a small owner of the building - found himself without an agreement and many different factions wanting their equity. A trustee was appointed to sort out the mess. The trustee’s only course of action was to sell the building and force the tenant to relocate. Extreme, but it can happen.
 
Extension rights. Extension rights fall in to numerous categories including options to renew a lease term, options to purchase the building, options to terminate the lease, options to take additional space, rights of first refusal to purchase and lease, as well as rights of first refusal and rights of first offer to purchase the real estate. Clearly, these understandings must be in writing in order to avoid conflict. However, one of the problems I see is the agreements are too vague. As an example, maybe an occupant has the option to renew the term of their lease for five years upon the expiration of the original lease term. If the language simply says - and occupant can stay for an additional five years at a mutually agreeable rate, disagreements can occur -  because no mechanism exists to determine a fair rental rate. Therefore, it’s important for options to not only be in writing, but also have clear definitions as to how rents and purchase prices are to be calculated. I’m involved in one such exercise currently where the language is very specific. If the landlord and tenant cannot agree upon a rate, each appoints, an arbiter to make an independent evaluation of the market. If those two arbiters cannot come to an agreement, a third arbiter is appointed by the previous two and her determination is final. This is a cumbersome process, but one which will avoid any disagreement. Finally, make sure the market lease rate or market purchase price is based upon comparable buildings within a comparable sub-market with similar amenities. In other words, it’s unfair to compare a 4000 square-foot address in the Irvine Spectrum to a 100,000 square-foot building in Santa Fe Springs.
 
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
 

Random Thoughts

Ahh, springtime. Longer days, warmer temps, flowers abloom, the crack of the bat on opening day of MLB, NCAA final four, and the Masters golf tournament. You may be wondering how I have time to make any deals with all the sports happening this time of year. It’s tough. But in light of the screen time I’m spending, my thoughts these days are random. 

 
Please stay tuned as I run through a few thoughts I have clouding my consciousness. Someone famous once said - they’re only opinions, but they’re all mine”. 
 
Seller/buyer disconnect. I wrote an entire column on this topic last week. If you missed it, you can catch it online.
 
Not terribly long ago, we were immersed in a seller’s market. Occupant demand outstripped supply and sellers were bullish. Multiple offers were the norm. Asking prices were abandoned for the dreaded TBD in case pricing was pegged too low and money was left on the table. The amount of buyer activity determined the ultimate strike price. In order to compete in this frenzy, occupants were forced to shorten due diligence periods, jettison financing contingencies, and seemingly overpay. A listing translated into a guaranteed paycheck. 
 
My how the world has changed in two short years. The only thing keeping sales prices relatively stable is a lack of availabilities. 
 
Impact of our Presidential election. I get asked quite often what to expect if Mr. Trump is elected vs Mr. Biden. Generally, a republican administration can portend tax cuts, an increase in defense spending, loosening of government regulations, and the appurtenant boom in the economy. To the extent this boom causes prices to rise - interest rates must be hiked in order to cool the fever. 
 
Counter to this would be a democratic administration with higher taxes, cuts in defense, more regulation, and a weakening economy.   
 
Yes. I’m oversimplifying. I can hear the detractors screaming - we have a democrat in office and the economy is just fine. In our most recent republican tenure, government debt increased dramatically. So the above are only generalities. 
 
Bottom line. Who knows? 
 
What’s happening with our economy? Speaking of said economy, what’s up? Consumer confidence is high, over 300,000 jobs were added in March, labor participation rate is now close to two thirds. If the economy is in the doldrums - why are employers adding so many jobs? Granted a big portion of the new employment is in the service industry where folks are spending money to dine out, take trips and buy experiences. Meanwhile, we expected a declining interest rate market this year as we anticipated the Federal Reserve would start the march down with inflation coming to heel. As of this writing, our benchmark ten year treasuries are topping 4.4% - bad for borrowers, good for savers. Retailers in the beauty trade are taking their lumps as well. 
 
Bottom line. Who knows. 
 
Springtime spells new beginnings. Another year and another batch of things to ponder. Should be an eventful balance of 2024. 
 
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
 

Education of Buyers and Sellers As The Market Adjusts

In order for a real estate transaction to close - whether it is a lease or a sale - a properly motivated buyer and seller must be present. By this I mean you need an owner ready to make the next deal and an occupant who’s kicked the tires and is prepared to sign. Ideally, these motivations mesh into a synchronicity that is melodious. 
 
Currently, in our Southern California industrial real estate market we have a mismatch of expectations. Owners tend to remember how things were in early 2022 when occupant demand was robust, inventory was scarce, and interest rates were affordable. Folks who lease and buy these buildings perceive the opposite - a downturn in their business (less need for space), more addresses sitting vacant for longer, and borrowing costs that have doubled. A standoff akin to an old west gunfight has ensued. Fortunately, no one will be bodily harmed in said showdown. However, owners late to the fight may suffer financial losses. 
 
Today, I’d like to discuss our biggest task as commercial real estate brokers. That is educating owners and occupants to current market conditions. 
 
Understanding Market Dynamics. To grasp the current state of affairs, we need to delve into the factors shaping the industrial real estate market in Southern California. In the recent boom, investors favored constructing large warehouses for logistics operators, who primarily lease these spaces. Initially, the demand surged as online shopping soared, prompting distributors to expand their inventory storage. However, as the frenzy settled, warehouses across all submarkets now sit vacant, competing for tenants. While reducing rental rates seems a logical solution, constraints like promised returns to investors or fixed cost structures complicate matters.
 
Challenges Faced by Owners. Owners are grappling with the challenge of reconciling past experiences with present realities. Many are holding onto outdated expectations, hoping for a return to the heyday of early 2022. However, failing to acknowledge the shifts in demand, supply, and financing could lead to missed opportunities and financial losses.
 
Perspective of Occupants. Occupants, on the other hand, are feeling the impact of changing market conditions firsthand. With businesses adapting to new norms and uncertainties, the need for commercial space has shifted. This shift in demand has implications for leasing and purchasing decisions, as occupants navigate a landscape fraught with uncertainties.
 
The Broker's Role in Education. As brokers, our role extends beyond facilitating transactions; we are educators and advisors. Providing owners and occupants with comprehensive market insights, backed by data and analysis, is essential for setting realistic expectations and making informed decisions. By bridging the gap in understanding, we empower our clients to navigate market shifts with confidence.
 
Building Synchronicity and Moving Forward. Ultimately, success in commercial real estate hinges on collaboration and adaptability. By fostering open communication and collaboration between owners and occupants, we can work towards mutually beneficial outcomes. Embracing flexibility and adaptability allows us to navigate market shifts and seize opportunities as they arise, paving the way for continued success in an ever-changing landscape.
 
Education of owners and occupants is key to success in commercial real estate. By equipping buyers and sellers with the knowledge and insights needed to weather market shifts, we can bridge the gap in expectations and reach agreement. I’ve often opined - “allow the market to be the bad guy”. If I tell an owner - here’s how it is, I’m asking that reliance’s be placed upon my experience and credibility. I could be wrong. However, if we engage in a process of discovery - the market is sending the feedback. 
 
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.

What can Little House on the Prairie teach us about Commercial real estate

Fifty years. Wow! Has it really been that long since Half Pint, Ma, Pa and Almanzo graced our tv screens? In a word, yes. Little House on the Prairie, the iconic 1970s series about a pioneer family struggling to make their way on the prairies of Minnesota just celebrated its golden anniversary. Little did I know the series was filmed in our very own Simi Valley, California right down the road from the Ronald Reagan presidential library. Admittedly, my wife is a larger “bonnet head” than I - but I cooperatively loaded the car with water and snacks and left the house at 6:30 in the morning in order to make an 8:45 bus tour of the original filming location. The day unfolded with sights, sounds and scenes from another era - that of our youth and unspoiled innocence shared by many of us in the seventies. I’m officially now a Landon head. 
 
You may be wondering what any of this has to do with commercial real estate? Indulge me as I draw a few parallels. 
 
Sense of Community. In the rolling hills of Simi Valley - err, Walnut Grove - community wasn't just a concept; it was a way of life. The Ingalls family relied upon their neighbors for support and camaraderie, facing challenges together and celebrating victories with a common goal - survival. Commercial real estate brokers also enjoy a strong community forged by transacting together. You quickly discover on whom you can rely, and those that require a bit more caution. Reputation is hallmark. Commercial real estate transactions can be long, difficult, and stressful. If there is enjoyment with your colleagues on the other side of the deal, the journey is so much more fun.
 
Pioneering Spirit. The pioneer spirit runs deep in the veins of characters like Charles Ingalls and his family. Their courage, resilience, and willingness to venture into the unknown embody the essence of taking a risk. The career of a commercial real estate broker is pioneering as well. You see, we are not paid a salary, but rely upon revenue generated from closing transactions. In effect, we eat what we grow. We experience a harvest, similar to the Ingalls, after - many times - a long growing season. But harsh winters or early spring rains can destroy our efforts and crater our work. 
 
Hopeful Attitude. Despite the harsh realities of frontier life, optimism never waned in the Ingalls household. Their hopeful outlook and unwavering determination served as examples to others. Longevity as a commercial real estate broker must start with an optimism for positive outcomes. You simply must look at every situation and know in your gut that something great is going to occur. If you allow negativity to creep into your brokerage, the universe will deliver less than stellar results. Many in our trade are quite superstitious and will not discuss transactions in progress until after they have closed. Pioneering families in the 1800s were also superstitious but relied upon a deep faith in God to carry them through difficult times.
 
Adaptation to Change. Change was a constant companion for the Ingalls family as they navigated through shifting seasons, economic fluctuations, and societal transformations. Their ability to adapt and evolve in response to change was instrumental to their survival and prosperity. Likewise, in commercial real estate, adaptability is key to staying relevant and resilient in a dynamic industry. Who would have imagined the advanced technologies today that allow us to work from anywhere and achieve wonderful outcomes. 
 
Long-Term Vision. Beyond the immediate struggles of pioneer life, the Ingalls family held onto a vision of a brighter future - a vision that fueled their determination and guided their actions. In commercial real estate, having a clear long-term view is essential for success. Setting specific actionable goals is paramount. Necessary for success must be an attitude of “playing the long game” and not getting consumed with short term distractions. 
 
The day resonated deeply with me. I came away with an appreciation of Michael Landon’s legacy, his style and un-compromised standards. His creative character development, attention to detail, and sense of humor gave us a glimpse into the harsh life in the prairie. So, as we celebrated fifty years of Little House on the Prairie, let us also celebrate the enduring wisdom it imparts, guiding us forward on our own journey through the prairies of commercial real estate.
 
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.

Reflections from Paradise - Commercial Real Estate Insights from My Florida Keys Adventure

I Just got back from an unforgettable getaway in the Florida Keys, and let me tell you, the experience was more than just sun, sand, and sea. It got me thinking about the commercial real estate scene down there, and boy, do I have some stories to share. So grab a mojito and join me as we unravel the lessons I learned from Ernest Hemingway's haunts, Harry Truman's hideaways, and the breathtaking beauty of the Keys.
 
The Importance of Location, Papa's Way. Picture this—sipping a daiquiri at Sloppy Joe's in Key West, where Hemingway himself used to hang out. It's a reminder that in commercial real estate, location reigns supreme, just like Papa's favorite watering hole. Those prime waterfront properties? They're like Hemingway's prose—timeless and always in demand.
 
Rising to the Challenge, Like the Old Man and the Sea.  Hemingway once said, "A man can be destroyed but not defeated." That resilience is evident in the Keys, where they've built structures strong enough to weather hurricanes and rising sea levels. It's a lesson in resilience for commercial real estate professionals—adapt or be swept away by the tide.
 
Hospitality Truman Style. Did you know Harry Truman used to vacation in the Keys? His Little White House in Key West is a testament to the region's hospitality legacy. It's a reminder of the lucrative opportunities in the hospitality sector, where commercial properties can cater to guests seeking a slice of paradise.
 
Preservation vs. Progress, a Tale of Two Islands. Just like Hemingway's love for adventure and Truman's love for relaxation, the Keys balance preservation with progress. It's a delicate dance in commercial real estate, where developers must tread carefully to honor the region's natural beauty while meeting the demands of a growing market.
 
Beyond Tourism, Truman's Legacy. Truman's time in the Keys wasn't just about leisure—he also laid the groundwork for the region's military and research facilities. It's a reminder that commercial real estate opportunities extend beyond tourism, with potential in sectors like healthcare, education, and technology.
 
Riding the Waves, Key Largo Style. Key Largo, with its vibrant coral reefs and laid-back vibe, is a metaphor for the commercial real estate market—constantly changing yet always captivating. By studying the historical market trends of the Keys, investors can navigate the waves with the confidence of a seasoned sailor.
 
As I bid adieu to the Florida Keys, I was reminded of Hemingway's spirit of adventure and Truman's steadfast leadership. Their legacies, intertwined with the breathtaking beauty of the Keys, offer valuable insights for commercial real estate professionals. So, here's to the lessons learned from Papa's haunts, Truman's hideaways, and the timeless allure of the Florida Keys. Cheers to the next adventure in commercial real estate!
  
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
 

Advice I’m Giving These Days

Hello friends! I’m penning this on the balcony of my stateroom on a ship somewhere in the Caribbean. With Nassau in our rear view mirror and steaming toward San Juan - the weather is slightly overcast, mid seventies with a mild breeze blowing. Well not really,  but a man can dream. Actually, I’m just pecking away at my dining room table in Orange. But I digress. Today, I go deep on the advice we’re giving to a client of ours who wants to purchase a building. They’re woefully short in space and have placed a bandaid on their growth by adding 3PL pallet positions. 

 
Based upon our direction in early 2024
 
We’re early. Which is good if we can get seller capitulation. Which we have. We’ve actually found someone willing to sell to us. Problem is, our idea of value differs. But, remember 2021? We couldn’t compete with the number of buyers in the market with deep pockets and a rabid desire to own. In my opinion, those times return this year as rents stabilize and interest rates decline.   
 
The real soft spot in the market is the rental market. I believe a financially qualified tenant could make an an unbelievable deal today. Not quite to 2019 pricing - but close. Waiting to purchase costs money. Let’s say today’s value is $358 per square foot and we can strike at $350 per square foot and every month you rent costs $1.00 per square foot. If you wait twelve months, you must buy the same building at $338 per square foot.  
 
So based upon this - their alternatives appear to be. 
 
Stay put. By striking a short term deal with his current landlord, we can watch the market and react when pricing becomes more favorable. 
Positives: 
+ avoid moving twice 

Negatives:
·        space is smaller
·        already racked
·        3PL is costly 
 
Strike a short term Sublease. Similar to staying put but different in that the space need is solved. All of this money is sunk. The client builds no equity and potentially misses out on market opportunity as the two year sublease term is a long time.
Positives: 
+ cheapest space alternative
+ racked 

Negatives:
·        no equity
·        racking RE-config
·        uncertainty after 22 months 
·        two moves
 
Buy the deal we found
Positives: 
+ certainty
+ size
+ divisibility
+ one move 
Negatives:
·        price impasse
·        expensive
 
Lease with an option to buy. 
 
Positives: 
+ lowers his basis
+ rent is equity
+ one move
+ time to ramp up operation 
+ speed of move.
Negatives:
·        absolute non-starter with the ownership
·        difficult to peg an option price
 
Strike new lease.
Positives:
+ preserves operating capital
+ cheaper 

Negatives:
·        no generational wealth creation
·        expense at the end of the term?
·        Over 120 months no equity build-up and loan pay down. 
 
What will the client do? You’ll have to stay tuned as this saga is just now unfolding. 
 
Bon Voyage!
  
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.

Can Subleases A Market Make?

By the time you read this, we will have exhausted two months of 2024. Christmas lights will be appearing in home improvement retailers in no time. But I digress. 
 
Last month, I wrote about subleases. You might believe this is deja vu all over again. And, in some ways it is. It’s just uncanny to me how our industrial market activity has gelled around these remnant sales. 
 
In my associate’s and my practice, the majority of deals we are currently pursuing are subleases. Allow me to become a bit more granular and describe each situation. 
 
Efficiency. We represent - and have since 2010 - an occupant whose business spans the western United States. Currently, their SoCal locations house operations in Ontario, Santa Fe Springs, San Diego and Valencia. This company has increased their top line revenue organically and through acquisition. Hiring has been at a fever pitch - their appetite for space therefore unquenchable. However, substantial investment has been made in the mother ship hosting each sub market. We’ve found it more economical to add a building or two versus uproot, move, and consolidate. Until now, that is. A desire to be under one roof and increase efficiency was the driver for their present relocation. One of the leave behinds was the previous locations. Akin to crossing a stream and having your feet split between two rocks - this group will stage its move and transition from three buildings into one by year’s end. Meanwhile, term remains on the leave behinds and must be addressed. We’re currently engaged to find a surrogate. Once the move occurs and the buildings are vacated - very little time will remain on the leases. Careful coordination with the owner’s representatives has begun. It’s a work in progress. But one caused by growth - not caused by overzealous space consumption. 
 
Aquisition. In 2022, we were hired by an estate. Tragedy had struck the year before as Covid claimed the life of a family member and patriarch of the company. Owned were the enterprise and the real estate that housed it. Growth of the business over decades found the operation straddling three addresses. Now the de facto owner - the executor - angled to sell the buildings and the company. You see, none of the following generations had experience running the business - thus no desire to continue ownership. The executor’s timing was impeccable as he maximized both real estate and company values at the top of the market. Included in the real estate sale to an investor were three - five year leases. However, the business buyer had excess capacity at another location and didn’t need the three leased buildings. Consequently - as frequently is the case - an acquisition caused a real estate requirement. In this case, the disposition of the three leases. We advised the tenant to market the subleases aggressively and the market responded in kind. With any luck, we’ll be done this week and all three will be subleased. 
 
Market timing. We represent an eCommerce distributor. All manner of foot ware, wearable technology, and beauty products are imported from China and sold locally through mass retailers. This group, based on the east coast, has been on a rampant kick to acquire competitors and grow its business. Part of the inventory is stored in a building in the Inland Empire and the overflow in a third party logistics provider. It’s now time to purchase premises to accommodate the growth. However, there is a problem. This buyer’s idea of value is less than the going pricing. We’ve not found a seller willing to capitulate. We believe there are more price declines coming but the space needs are stressing the operation. Subleasing a larger facility for two to three years seems to be the answer. If the purchase market responds and we can acquire at our price point, we’re not hampered by a long term lease. But, if not, we simply renew with the owner and continue our operation in a leased address. 
  
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
 

What Are Experts Saying?

I am a huge networker and have been since the commercial real estate market tumbled in late 2008. As I scanned the scorched earth of what little remained of a vibrant business - I wondered if our commercial real estate activity would ever return. Buyers weren’t transacting, sellers couldn’t sell and lenders refused to lend. The financial world was in free fall as values lost nearly 40% - seemingly overnight. Brokers, reliant upon deals were forced to wait - something very few us were good at doing. 
 
So as 2009 dawned, I found myself with little to occupy my time. As another week ended with no revenue, my wife would ask “how my volunteer job was going”. 
 
On a whim, I attended a business forum at Cal-State Fullerton which yielded an introduction to a printer. Said printer in turn invited me to a networking event the following week. Scanning the room for leads I found no one in need of buying or selling commercial real estate. However, I discovered several professionals who had clients in need of my services. It was an indirect approach to sourcing business that opened doors for the next two decades through strategic referrals. You see, certain advisors drink from the same trough as commercial real estate professionals. CPAs, wealth advisors, business bankers, commercial insurance agents, attorneys, and those engaged in business sales all represent business owners in need of buying, selling or leasing the locations from which they operate. The cool thing is we don’t compete with one another, we complement. 
 
I’ve now settled in as a member of a group that informally meets once a month to share knowledge and industry happenings. What follows are insights from several group members and what they anticipate for 2024. 
 
Business banking. Cost of capital through deposits is more expensive. Thanks to several regional bank failures last year - Silicon Valley, Signature, and First Republic, greater scrutiny by regulators is being placed on loans and reserves. Consequently, now is not a great time to borrow money. 
 
Mergers and acquisitions. 2023 found very few companies trading hands. Rising interest rates and uncertainty among business owners caused a deep freeze of selling. Our investment banker is confident 2024 will be better as expectations have normalized and interest rates have declined. 
 
Accounting and tax. Any business considering a sale over the next five years should start now getting their proverbial house in order. 
 
Law. Our group has an attorney specializing in estate planning and one who assists merging and acquiring companies. Estate tax laws change significantly in 2025. Encouraged to act now are all affected by the lifetime exemption which sunsets next year. 
 
Echoed was sentiment that 2024 should deliver more business sales. 
 
IT. Artificial intelligence and its impact upon businesses is top of mind. Some companies are still morphing to all manner of virtual work which keeps information technology vendors scrambling. 
 
HR. The employment environment has found some equilibrium. More talent is seeking positions and businesses are finding it easier to hire. Compliance with new regulations enacted by our legislature last year requires constant monitoring.  
 
Insurance. Any company that spends six figures annually in worker’s comp premiums should consider creating a captive insurance company. Simply, you self insure along with others in your trade. Equity is built versus throwing away money into coverage not used. 
 
Wealth. Folks can actually make money on idle cash. This is great news for savers but tough for businesses reliant upon borrowing for growth. With treasury, money market, and certificate of deposit yields north of 5% last year, a decent return could be made with very little risk. As interest rates decline this year, other return instruments will have to be sourced. 
 
You can see why I enjoy this group! I get insight into all of the areas - other than commercial real estate - my clients deal with every day.  
 
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
 

Valentine’s Day

A day for lovers. Valentine’s Day falls every February 14th and is celebrated by couples worldwide. 
 
According to Wikipedia - “It originated as a Christian feast day honoring a martyr named Valentine and through later folk traditions, it has also become a significant cultural, religious and commercial celebration of romance and love in many regions of the world.” 
 
And here I thought it was an excuse to stuff my face with chocolate and those cute little heart shaped candies with the cryptic messages stenciled on their sides. But I digress. 
 
As I ponder Valentine’s Day, my thoughts turn to commercial real estate and the parallels I can draw. Here goes. 
 
Do you love your commerical real estate holdings? I was taught early in my career to help buyers divorce - sorry - themselves from the emotion of commercial real estate ownership. By this I mean the numbers should guide your decision to buy or sell - not your feelings. I reflected upon an owner I met who owned a freestanding single tenant building in Anaheim. He was a builder. He had constructed this holding. I was engaged to be his agent whenever a vacancy was pending. Every three to five years the panic would creep in as he knew his cash flow would soon stop and he’d be forced to suffer a dry spell. His negotiating leverage was lessened and he ended up with some sketchy residents. All because he needed someone, anyone, to pay the rent. Over serious objection - after all, this was his baby, I convinced him to sell the building to an occupant and trade the proceeds into a building with multiple tenants. My theory was if you lost one or two occupants, you still had money to pay the bills - not the in and off light switch of a single tenancy. Reluctantly, he agreed. He’ll tell you that was the best decision he ever made! He now owns three such buildings and enjoys a great retirement. 
 
Send your tenant a valentine. The new year is in full swing and a good benchmark to finish old business and start new. Many landlords reconcile the past year’s expenses with their tenants in February. The crush of year end is solidly in the rear view and the first quarter is half over. If you budget your operating expenses such a property taxes, building insurance and maintenance annually, you’ll need to make certain assumptions. Now that the true costs are known, you can bill your resident for underpayment or credit for overpayment. Second half property taxes are due in February. Send in your payment this month. The county assessor will love you for it. 
 
Negotiation, compromise, and commitment. In both commercial real estate deals and romantic relationships, negotiation and compromise are key. Whether it's negotiating terms of a lease or compromising on where to go for dinner, the ability to find common ground is important. Commercial real estate investments often involve long-term commitments, similar to the commitment involved in a serious romantic relationship. Both require careful consideration and planning for the future.
 
You marry commercial real estate. You date the interest rate. For those of you who are a bit concerned about interest rates  these days, don’t forget your deal can be refinanced once interest rates settle into a more favorable level. Focus upon the basis under which you acquire the buildings. By this I mean the price you pay. If you can separate your emotion, as discussed above, and focus on the income producing capability of a commercial real estate asset, you’ll make a smart buy.
 
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
 

Subleases

Sublease listings remind me of a half yearly sale at Nordstrom. You better get there early in the markdowns to get a deal of selection and price. The longer you wait, the price gets better but the selection wanes until your only choice is an XS purple long sleeve tee. But. The price is unbeatable. If you’re like I am, an XS tee only has once use - that of a dish rag. But I digress. 
 
Much has been ballyhooed about the amount of industrial space coming back to the market - so I did a little research. My trusty spreadsheet is not quite as robust as Jonathan Lansners, but I made it work. 
 
As a quick review, a sublease is a remnant sale of sorts. When an occupant originates a lease agreement, the contracts vary in length. Depending upon the size of the premises, lease terms range from 2-10 years. Many times smaller buildings mean shorter leases. If an occupant can’t - or doesn’t choose to - fulfill the term obligation, they’re faced with three choices. These are a buyout from the owner, a default, or a sublease. A buyout is best for the tenant as they are relieved of the remainder for a fraction of the cost. Since the owner takes the risk and expense of finding a replacement, the situation must be quite compelling. A default is least palatable for both parties - owner and occupant. Subleasing is a nice compromise. The tenant markets the excess space in hopes of locating a surrogate to live out its lease term. 
 
So, on to the numbers. 
 
Presently, in all of Orange County, 92 listings in excess of 50,000 square feet exist. Of these 92, 12 are subleases or 13%. Los Angeles county came in at 497 listings, 73 subleases for 14.6%. Inland markets, spanning that vast swatch of industrial space to our east, clocked in at 245 listings of which 34 were subleases or 13.8%. Most of the give backs appear in square footages above 100,000 square feet. As an example, in the IE the percentage jumps to 16%!
 
Ok, you may be wondering, why does this matter. Allow me to expand on a few reasons. 
 
Market impact. The most valuable subleases in the industrial market closely mimic that of a direct lease. By that I mean the term is long enough for an occupant to spread his moving costs over a period of time. Using our Nordstrom half yearly sale as an example, a beautiful suit in your exact size at a 30% discount is much more appealing that one two sizes too big which will then need expensive alterations. Your savings are eaten up by the expense of making it fit. Plus, in some cases, all sales are final and you can’t take advantage of Nordstrom’s generous return policy. Subleases are similar because all sales are final. Your benefit is in the discounted price - not in other concessions such a tenant improvements. 
 
Additionally, subleases have a downward push on market lease rates. Of the 12 buildings currently available for sublease in Orange County, all will trade at a rate significantly less than that direct listings. With a few of these, the discounts can be explained as anomalies. However, if a large percentage of leasing activity is with these remnants, an adjustment of pricing occurs because the pricing is driving demand. 
 
Occupant considerations. In a sublease arrangement, the tenant becomes the sub-landlord, and the surrogate becomes a sub-tenant. Many occupant/sub landlords price their sublease at a slight discount versus a direct lease with an owner. In my opinion, this is a mistake, because a sub lease really needs to pop and provide a shock and awe price to attract demand. 
 
In order to affect a sublease, you must seek and gain approval from the owner of the property. This approval may not be unreasonably withheld, but it’s a step which must be accomplished. An unauthorized sublease can create a default, which is never advisable.
 
With your surrogate in place, don’t forget you, as the tenant, are still ultimately responsible for the lease obligation. Yes, you’ve located someone to pay the rent in your stead. However, if they fail to pay rent or break another lease covenant, the owner may look to you for a remedy.
 
Owner considerations. If your tenant is financially viable, and has simply outgrown your building thus the need for a sublease, your position is generally pretty solid. If, however, your occupant is struggling for other reasons, such as a downturn in business, or an industry collapse, it’s important to pay close attention to their process of locating a surrogate. Depending upon your tenant’s lease rate compared to the current market rents, it might make business sense to allow your tenant to buy out of their obligation. Under this circumstance, you take the risk of finding a new occupant, but avoid a potential bankruptcy by your tenant which could tie up your real estate for several months. Ultimately, you have the right to approve anyone that wants to sublease your building. As mentioned in the paragraph above, this cannot be unreasonably withheld, but it’s well within your purview to require a use compatible with your building to be sought along with a financially viable group.
 
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
 

Selling Motivation

What’s selling motivation, you may be wondering. True that! We’ve not experienced much since the middle of 2022 when the Federal Reserve mounted its stair climber and hiked interest rates several times over the next eighteen months. Most of the selling motivation from the start of 2021 was fueled by crazy high prices investors were willing to pay paired with cheap money. Some never considering a sale of their property cashed in during this run up. We even saw the occupant premium disappear for a few months. An occupant premium refers to a higher price the user of a building is willing to pay versus that of an investor. You see, occupants consider the utility a piece of real estate has to offer its operation whereas an investor is interested in the income generated. Generally, that means they’ll pay more. Once the easy money evaporated and investor buyers were relegated to the sidelines - selling motivation ebbed. I believe in 2024, we’ll experience a different kind of selling motivation - more forced selling. Bear with me as I review five situations that could render me prescient. 
 
Transition triggered by one of the Ds. Transitions can predict a sale. Most common among the transitions owners face are divorce, death, disposition, distress, disputes, and dissolution. When a marriage ends and the combatants must reconcile the assets, sometimes a sale occurs. Death creates an interesting tax treatment known as a “step up in basis” which makes selling more attractive. Sometimes business owners decide it’s time to sell their companies. What follows, occasionally is the sale of the building the operation occupied. A vacant address with a mortgage means someone must foot the bill. Distress happens when no one wants to rent the premises. Arguments can lead to a sale. When partners can’t agree on a direction for the property, selling could be imminent. Finally, when an ownership entity is dissolved a property is sold. Effectively ending the involvement of the members. 
 
Lender pressure. Here’s my theory. Stress among regional banks has been widely reported - especially, if the bank has risky loans on the books or faces upward rate pressure in its bond portfolio. The demise of Silicon Vally Bank and First Republic are examples. If a bank funded construction loan was originated at the beginning of 2022 - which financed the construction of a new building - certain assumptions were made. These included the costs, the time to complete the build, the lease rate that would be achieved, and the amount of carrying time before an occupant moved in. The expectation was a permanent loan would replace the short term construction loan. But now the new structure is delivered into a very different world - lease rates have softened and vacancy times have expanded. Plus interest rates have risen substantially. Lenders fear their construction loans may not be timely repaid and could force a sale. 
 
Owner capitulation. Refinancing into a higher interest rate market could bring some owners to the table with selling motivation. This will especially be true with the owners of office properties. If the owner of an office building faces substantial vacancy, and must resort to lowering its lease rates to attract a tenant, the income generated by the office building is less than anticipated and may not service the debt. Additionally, if substantial capital expenditures are necessary in order to attract occupants, the money may not be in the budget. As you can see, a tsunami of issues could cause a seller to hand the keys to their lender. The lender, not wanting to own commercial real estate, then disposes of the property at a discounted amount.
 
Short term rollover. We currently represent an occupant looking to acquire a building in the Inland Empire. During 2021, this business owner was effectively blocked from purchasing because he could not compete with the investor activity. Investors were willing to pay astronomical prices with very few contingencies, and close quickly. Therefore, we sold and leased back for two years. Our theory was we could re-buy before lease expiration and we believed the market was headed for a correction. We are now noticing some building owners, faced with a pending vacancy, looking to sell rather than experience the lengthy and costly process of originating a new tenancy.
 
Investors awakening from their slumber. Who knows when we’ll see an uptick in investor activity. My prediction is this genre of buyers - faced with allocation requirements, a declining interest-rate market, and a realization of where lease rates have settled, will cause some buying activity this year. The interesting part of the equation will be how owners - not faced with any of the pressures above - will react to unsolicited investor offers. We shall see. 
 
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
 

Trends

Over the past three years we experienced changing markets. By that I mean the dynamic between buyers and sellers that sets stage for negotiation and results in transactions. 
 
At the beginning of 2021 - as we slowly awakened from the ether of pandemic lockdowns, two trends emerged - rampant on-line shopping and hybrid work forces. Both of these affected commercial real estate and the three asset classes - office, industrial and retail - in different ways. Owners of industrial spaces - especially those equipped to welcome logistics providers - saw a rabid increase in demand. Fulfilling on-line orders quickly and efficiently required more on hand inventory - read. A place to receive, stage, store, and distribute said goods. 
 
Conversely, as our shopping experiences turned from visiting our local retailer in person to surfing the web - foot traffic to brick and mortar stores lessened and spaces became ghost towns. On the office front, tenants choreographed a thoughtful dance of safety of work forces vs in-office appearances. We realized we could ply our trades from most anywhere - our home, from the front seat of our cars, or abroad - and many did. Therefore, office and retail tilted toward tenants and industrial spaces were heavily slanted in owner’s directions. 
 
As we dawn 2024, the aggressive pursuit of available inventory by industrial tenants has ebbed, investor activity has been reduced to a trickle, and we’re seeing signs of lease rate softening. 
 
In light of changing markets, how should you - as an occupant of industrial space - tender your offers? That, dear readers, is the focus of the balance of this column. 
 
Know the trends. At the beginning of 2023 we counseled  our industrial occupants to watch lease rates. Our prediction was significant softening would occur by the end of the year - and therefore, to transact at the beginning of the year might result in a rate higher than anticipated. Our gamble proved prescient as we experienced a declination of rates - in some cases by 25%. 
 
Know the metrics. A simple review of how many available properties within a certain size range exist versus how many similar properties have leased or sold, is a good way to measure the velocity of a market. As an example, if during the past year three buildings between 25 and 35,000 ft.² have leased or sold, and presently there are 15 available, one could surmise that five years of supply exist. This, of course, assumes everything stays the same, pricing is not reduced in order to spur demand, or something outside our economy causes the need for space to increase - i.e. a pandemic.
 
Understand the owner’s situation. If an owner is currently carrying a vacant building, it’s important to gauge how willing she will be to accept a deal. For someone who purchased the building at the peak of the market with the appurtenant increase in operating expenses, and potentially debt service, her willingness to strike at a number less than her carrying costs might be difficult. By the same token, if an ownership has existed for many years with low operating expenses, and little to no debt - any deal might look appealing. 
 
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
 

Institutional vs Private

One of my predictions headed into 2024 is that we’ll see an uptick of buying activity - especially from institutional purchasers. Why you may be wondering? For three reasons. Number one. Most haven’t transacted since the middle of 2022 and must to balance allocations. Number two. We should get clarity this year about one of the metrics that determine commercial real estate value - rental rates. Number three. A declining interest rate environment which will make Treasuries less compelling and real estate more so. 
 
Allow me to add color to these three reflections. But first a quick review of my definition of an institutional investor. If you’re a teacher, firefighter, police officer, or work at city hall you can relate to a potion of your paycheck that’s deducted to fund your retirement. Prior to the predominance of 401ks, Private employers also provided pensions and took a slice of your salary to do so. If you pay into a whole or universal life insurance policy - those premiums must be invested as well. All of the above form pools of capital that need returns and are used to buy stocks, bonds, money market funds and commercial real estate. Each asset class has its own percentage the fund managers dictate. Advisors - at the direction of fund managers - use these funds to make buys. Thus an institutional investor. 
 
Now to that promised detail. 
 
Pencils down. When we began 2022, institutional interest in commercial real estate was rabid - especially if you owned and operated a company from your building - you had many buyers knocking on your door. The play two years ago was to purchase the real estate and provide the occupying company a lease-back of preferably two years in duration. Demand during this period of time drove values to unseen levels. In some cases doubling the amount buyers were willing to pay by double. The theory was by 2024, rental rates would far eclipse the lease back amount -therefore, providing a greater return on the investment. However, when the Federal Reserve started to hike interest rates in the middle of 2022 - coupled with global uncertainty - we saw a shift in Investor attitudes. The term, “pencils down“ permeated the industry. For the entirety of 2023 this outlook continued and institutional investor activity was reduced to a trickle. 
 
Where are rents. One of the fundamental metrics in the world of commercial real estate is rental rates. Think of it as the heartbeat of the industry. The coming year holds the promise of clarity in this crucial metric. As I’ve written in the space, rents in class-A industrial in North Orange County seem to have found a level that has spurred demand. So why is this so important? Imagine you're considering buying a commercial property. You need to know how much rent you can expect to charge tenants. If this number is vague or uncertain, it's akin to navigating in the dark. But when you have a clear picture of expected rental rates, it's like having a bright guiding light. Clear rental rate data allows investors to make informed decisions. They can assess whether a property is undervalued or overpriced, which ultimately impacts the return on investment. It's the linchpin that can make or break a deal.
 
Rates. Now, let's talk about something that affects every investor's decision-making process - interest rates. In 2024, we're looking at a landscape of declining interest rates. But why should that matter for real estate? Picture this. You have some money to invest, and you're considering your options. On one side, you have Treasury bonds, historically considered a safe bet. On the other side, you have commercial real estate. Traditionally, when interest rates on Treasuries are high, they're a compelling choice because they offer a relatively safe and stable return. However, when interest rates start to drop, as they're doing now, the risk ratio changes. Suddenly, the returns on Treasury bonds become less appealing, while the potential returns from real estate start to become more compelling. Investors look for opportunities that offer higher returns, and that often leads them to the commercial real estate market. In a world where real estate can provide solid returns in a low-interest environment, the appeal of this asset class becomes evident. It's a shift that institutional investors can't afford to ignore.
 
So to sum it up. 2024 holds the promise of an exciting year for commercial real estate. Institutional investors, with their careful balancing of allocations, eagerly await clarity on rental rates as they navigate the changing interest rate landscape. These factors, when combined, create a compelling case for increased buying activity. 
 
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.