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5 CRE Investing Strategies Learned from Monopoly

There are invaluable lessons to be gleaned from the seemingly childish board game Monopoly, such as buying a property in the right location, having large cash reserves, and diversifying your investments. When taking a deeper look at the game, commercial real estate investors are provided with some valuable, real-world investment approaches.

Location is paramount.

The majority of commercial real estate investors look at investments in prime and secondary markets as those that will reap the highest reward, but this might not always be the case. In the game, Monopoly shows that a smart approach is to purchase those properties that have the highest traffic – case in point, the orange properties, St. James Place, Tennessee Avenue, and New York Avenue. These properties are landed on the most frequently and are cheaper to build houses and hotels on, therefore the investor receives a steady income stream. However, in real life rolling the dice doesn’t always end positively, which is why investors must hedge their bets and mitigate risk by performing proper due diligence prior to any acquisition.

Cash reserves make for off-market opportunities.

When players in Monopoly sell properties to remain solvent, their opponents who are ready to buy with large cash reserves reap the benefits. This situation also proves true in real-life investing. In order to capitalize on off-market opportunities, commercial real estate investors must have access to large cash reserves. Besides providing opportunities for better price negotiation, cash reserves also allows commercial real estate owners to remain afloat during tenant vacancies or market downturns.

Diversification increases total returns.

Although the point of the game is to achieve pricing power by buying and building out as many properties as quickly as possible, smart Monopoly players know that a diverse investment strategy is key – investing in railroads and utilities create passive income while you wait for opponents to land on your properties. The same approach holds true for commercial real estate investors, where proper diversification increases total returns and lowers the overall volatility of a portfolio.

Timing and effective negotiation skills go hand-in-hand.

In Monopoly and real-life investing, timing is everything. That’s why calculating the perfect time to trade a property and effectively negotiating the deal can make for big wins. In the game it’s easy to negotiate a trade when an opportunity arises because there is no real money to lose.  However, behind the desk, the amount on the table is significant and can even put your livelihood on the line. That’s why smart investors will apply their Monopoly negotiation tactics in the board room when brokering a deal – they know that each deal takes a certain amount of finesse and the right amount of give-and-take to reach an agreement.

Have a long-term plan.

By setting a long-term goal and effectuating the plan, you set yourself up for success and can more easily navigate potential financial pitfalls and temptations along the way. In the game, every Monopoly player receives $1,500 at the start to invest with it as they wish. If a player has a goal to own all of the utility companies and railroads, they will be less likely to be swayed into buying other properties that fall outside of their plan. Just like in real life, commercial real estate investors should outline a long-term plan and nurture their nest egg through strategic investing practices.

Summary

To learn how to reap real-life investing rewards, contact Brent Williams or Allison MacDonald to learn how Meissner Jacquét’s commercial real estate services provide confidence, stability, and relevant solutions to commercial real estate investors.

Brent Williams
[email protected]
858.373.1113
Allison MacDonald
[email protected]
858.373.1354

 

Sources:

Meissner Jacquét Commercial Real Estate Services

QuickLiquidity, 3 Things Investors Can Learn from Monopoly

U.S. News & Money Report, What Monopoly Can Teach You about Smart Investing

665 H Street Retail Center Details

Multi-Tenancy, Retail Strip Center for Lease

This 5,253 square foot retail strip center is located at 665 H Street in Chula Vista on the corner of H Street and Oaklawn Avenue in the South Bay / Chula Vista Retail Submarket.

Building Information:

  • Street-Level Retail
  • 88.5% leased
  • Only vacant space in the center
  • 20 free surface parking spaces
  • Corner Lot
  • Very Walkable
  • Close to H Street Transit Stop (5 min walk) and 3 blocks from Highway 5

Space Available:

First Floor:

  • Suite 665-B – 600 rsf

 

 

 

 

 

 

 

 

 

 

 

 

 

Landlord Rep: Meissner Jacquét Commercial Real Estate Services

Kristin Howell (858-373-1240, [email protected])

Managed By: Meissner Jacquét Commercial Real Estate Services

665 H Street, Chula Vista, CA 91911

Silhouettes of Business People Meeting with Business Symbols
Silhouettes of Business People Meeting with Business Symbols

Outsourcing Commercial Property Accounting Reduces the Bottom Line

Without industry knowledge, cutting-edge technology and systemized workflows, commercial real estate accounting can be time-consuming and expensive. So why should a property owner or manager hand over their accounting responsibilities? Besides leveraging resources, outsourcing property accounting services allows for scalable, innovative solutions that respond to changing market demands.

Due to Meissner Jacquét’s experience, efficiency and accuracy with property management accounting, we offer financial and accounting services as a stand-alone Corporate Real Estate Service allowing our clients to leverage our resources. Not only do we provide superior commercial property accounting services, we use the most advanced accounting and reporting software that enables our accounting professionals to design, implement, and track annual business plans, providing our clients with scalable and innovative solutions.

Institutional Software

Our accounting and financial services software is the best in the industry.  Yardi Voyager, our preferred cloud-based accounting software, allows for guaranteed business continuity with real-time, centralized processing and remote site linking.  Nightly backups, offsite transfer of data, and around-the-clock monitoring of server operation ensure comprehensive Disaster Recovery Planning.

Responsibilities

Our accounting and financial services responsibilities include coordinating and ensuring completion of year-end audits, data to complete tax responsibilities, CAM reconciliations and billings, and the preparation of monthly / quarterly / year-end financial reports.  See below for all of our accounting functions that are performed centrally at our San Diego office.

Accounting Services

  • Accounts Payable / Accounts Receivable
  • General Ledger
  • Tenant Bill-Back Charges
  • Record Keeping / Auditing
  • CAM Reconciliations
  • Financial Statements & Reports
  • Budget Entry & Reporting

Financial Reporting

Using the most advanced accounting and reporting software, our accounting professionals provide our clients with meticulously organized, timely and accurate reports, budgets, and files.

Accounting System

Our staff is well trained in the use of Yardi, which is designed for the support of real estate investment management.  The utilization of Yardi enables our accounting team to work more efficiently and deliver superior results to our clients.  In addition, Meissner Jacquét is adept at utilizing MRI or any proprietary accounting system the client may have in place.

Full Compliance

Real-time client access to revenue, expenses, cash flow, and bank statements, ensure client control.  Accountability and financial integrity are vital, which is why we operate in a SSAE 16 compliant environment.

Advantages

Besides conservation of capital by eliminating redundant accounting staff and additional overhead costs, the advantages that our clients realize include the following:

  • Systematic workflows
  • Complete financial control
  • Real-time, remote access
  • Elimination of paper bills
  • Workforce flexibility
  • Increase in productivity
  • Conservation of capital

Meissner Jacquét’s accounting team members are experts in managing the finances of a property or a portfolio of commercial real estate assets. By placing your accounting needs in the hands of our qualified team, not only will you reduce the cost of overhead but you will receive the advantages of our institutional-level accounting software and our financial and reporting systemized processes and best practices.

To learn how Meissner Jacquét can save you time and money, contact Allison MacDonald today at 858-373-1354 or [email protected].

Sources:

Meissner Jacquét Commercial Real Estate Services

How Young Professionals Can Get Ahead in the Growing CRE Field

How does a professional still in the early years of his or her career succeed in the commercial real estate profession?  The first steps are to focus on the big picture and obtain the right credentials. Beyond that, learn the top four areas that are critical for rising to the top in the commercial real estate industry.

Education is key.

Young professionals who invest in schooling and continuing education will reap the benefits throughout their careers.  For example, a commercial real estate attorney clearly needs a law degree, but a Master’s of Science in Real Estate (MSRE) can provide a higher level of commercial real estate knowledge and business acumen at an early age. Southern California institutions, such as the University of San Diego, San Diego State University and the other accredited establishments in the region are great resources for young professionals looking to develop their skills and build a strong network locally and regionally.

Relationship-based networks.

However, top credentials will only get a foot in the door so it is also imperative that young professionals quickly build strong relationships with coworkers, clients and peers.  Any client relationship can be developed if there is a good personal relationship as the foundation.  Mentors are invaluable in this respect; not only can they train young professionals to handle sophisticated transactions but they also provide guidance in forming solid interpersonal connections.  Working with a mentor can enhance career options on many levels and help a young professional develop critical CRE expertise, knowledge, skills and abilities.

Strong skill sets.

Additionally, it is essential to build a skill set that provides value to commercial real estate companies, be it in financial analysis, legal skills, accounting, property management, etc.  To do so, aspiring executives must be willing to work hard and start at the bottom.  Young professionals with invaluable expertise survived the most recent recession and are now thriving as mid-level CRE professionals. It is equally important for young professionals to avoid being myopic about their immediate career prospects.  With many years in front of them, it is more fruitful to focus on the big picture and concentrate on building strong professional networks and skill sets early on in their careers.

Seek leadership opportunities.

Fledgling commercial real estate professionals looking to strengthen their credentials can benefit greatly by taking a leadership position in a professional organization, such as CREW who brings women together to build professional and personal relationships, expand industry knowledge and expertise, and support the development of commercial real estate, or NAIOP who provides unparalleled networking opportunities, educational programs, research on trends and innovations, and strong legislative representation. Civic organizations and industry groups constantly look for young people to fill leadership roles, allowing the opportunity to build leadership skills and give back to the community.

Seeking membership and leadership opportunities in professional organizations can be one of the best investments a young professional can make early in their career.

The future will afford plenty of opportunity for success to those young commercial real estate professionals who dedicate their early career years to developing skills, investing in business relationships, and preparing themselves for leadership.

About CGS3

A partner with Crosbie Gliner Schiffman Southard & Swanson LLP (CGS3), Fernando Landa is a real estate attorney with a broad transactional practice across the United States – specializing in the acquisition, development, financing, leasing and disposition of commercial real estate assets. He possesses a unique expertise in distressed real estate workouts and receiverships, handling the sale of nearly $1 billion dollars of real estate assets through the judicial process over the last five years. To learn more about CGS3, contact Fernando Landa at 858-367-7696 or [email protected].

Sources:

Crosbie Gliner Schiffman Southard & Swanson LLP (CGS3) 

Meissner Jacquét is Moving!

Open for business at new location on Monday, June 27th

Meissner Jacquét has exciting news; we’re moving our corporate headquarters to Kearny Mesa.

Our new location is centrally located at 4995 Murphy Canyon Road, Suite 100, San Diego, CA 92123-4365, and just minutes from our old Sorrento Valley office.


 New Corporate Headquarters Location
4995 Murphy Canyon Road, Suite 100
San Diego, CA 92123-4365


Easily accessible by major freeways – including the I-15, SR-52 and SR-163 – our new location allows us to better serve our clients and our expanding 13 million square foot property management portfolio.

Meissner Jacquét is a full-service commercial real estate firm with a dedicated focus on commercial property management. We partner with our clients to achieve property goals and business plans to ensure that our clients’ properties consistently outperform the competition.

Each year we’re ranked as one of the top commercial property management companies in San Diego.

Contact Brent Williams or Allison MacDonald to learn how our talented team of commercial real estate professionals aligns with your business and financial ambitions.

Brent Williams
[email protected]
858.373.1113

Allison MacDonald
[email protected]
858.373.1354

We will be open for business at our new location on Monday, June 27th, please stop by and pay us a visit.

We look forward to serving you in our new and improved location!

Sources:

Meissner Jacquét Commercial Real Estate Services

Las Vegas, Where the CRE Industry Converges

Join Meissner Jacquét at ICSC RECon in Las Vegas, May 23 – 25!

VISIT US at Booth C1050

RECon is the global convention for the retail industry and provides networking, deal making and educational opportunities for commercial real estate professionals from around the world. With over 36,000 attendees and 1,000 exhibitors, it is the largest industry convention to see and be seen!

What We Offer

Meissner Jacquét has the knowledge and experience to provide commercial real estate solutions to Retail Centers, Office Properties, Industrial Parks, and Commercial Owner Associations for institutional and privately-held investors, whether they be local, regional, or national.

Learn about us

Meissner Jacquét’s commercial real estate services provide confidence, stability, and relevant solutions to property owners. Whether it be commercial property management, asset management, or corporate real estate services, our professional oversight allows our clients to focus on their core business and to be confident that their assets are in capable hands.

Schedule an appointment today

Meissner Jacquét has built a reputation of integrity, resourcefulness and the ability to deliver proven, cost-effective services to a broad range of commercial real estate owners across all property types. We partner with our clients to achieve property goals and business plans. Our proactive, full-service approach ensures that our clients’ properties consistently outperform the competition, produce a high performing property, and increase net operating income.

Receive a complimentary Competitive Analysis Report with a consultation.

To set an appointment to meet with us at RECon in Las Vegas or learn more about Meissner Jacquét Commercial Real Estate Services, please contact Brent Williams at 858-373-1113 or [email protected].

Sources:

Meissner Jacquét Commercial Real Estate Services

San Diego Attracts Institutional Commercial Real Estate Investors

On April 13, 2016, Gemini Rosemont – a market leader in commercial real estate acquisition and asset management with holdings of approximately 15 million square feet of commercial space in 120 buildings in 21 states across the U.S. – announced its acquisition of the 19-story, 98% leased, 610 West Ash commercial office building located in Downtown San Diego, CA.

The building was purchased through a partnership with Gemini Rosemont and Central Properties for an undisclosed amount. HFF’s senior managing directors Nick Psyllos, Ryan Gallagher and Michael Leggett, who is also co-head of HFF’s West Coast team, and director Nick Frasco, brokered the transaction. Under the direction of Gemini Rosemont’s regional principal Helen Rivero, the company has engaged Cushman Wakefield to handle leasing responsibilities (J.P. Huntington at 858-558-5683 and Brooke Giuffre at 858-558-5647).

“The addition of 610 West Ash to our portfolio is a continuation of our ongoing relationship with one of our capital partners, Central Properties, and expands our national footprint,” said Don Henry, chief operating officer and chief investment officer for Gemini Rosemont.

The company’s latest transaction is part of a three-year, $3 billion acquisition strategy backed by strong financial support from Gemini Investments, a Hong Kong Stock Exchange-listed investment company, with the office tower adding 177,489 rentable square feet of 4 Star Office space to the company’s portfolio.

“The acquisition of 610 West Ash is part of our strategy to acquire high quality assets in primary and select secondary markets,” said Michael Mahony, chief executive officer of Gemini Rosemont. “Adding this property to our portfolio sets the stage for further expansion on the West Coast.”

Since October 2010, Gemini Rosemont has acquired approximately 6.8 million square feet of Class A and B multi-building office assets in select secondary markets valued at more than $950 million. As of December 2015, Gemini Rosemont has sponsored 165 investment vehicles, deployed over $805 million of investor equity to make more than $2.5 billion in purchases, and acquired/managed approximately 30 million square feet of commercial real estate.

Founded in 1992, Gemini Rosemont employs 200 real estate and other professionals. It has 11 regional offices located in Albuquerque, Atlanta, Chicago, Dallas, Denver, Houston, Los Angeles, New York, Peoria, San Antonio and Tulsa. For more information, please visit GeminiRosemont.com or contact Jeanne Hasenmiller at 602-714-9338 or [email protected].

Investment Objectives

Meissner Jacquét Commercial Real Estate Services, with headquarters based in San Diego, is contracted with Gemini Rosemont to provide the property management services. Meissner Jacquét’s network of national, regional and local clients and contacts provides a valuable source of information on commercial real estate market trends and diversity in resolving property issues.

In addition to partnering with Gemini Rosemont in achieving the company’s investment objectives, Meissner Jacquét will enact a strategic commercial property management approach. The approach includes working with the leasing team to maintain full occupancy by leasing any vacant suites and managing future rollover, maintaining operational excellence by focusing on superior tenant satisfaction through service excellence and enlisting a preventative maintenance plan that will deliver a premier physical environment. Most importantly, Meissner Jacquét will work to maximize operating income by focusing on cost effectiveness through accounting and reporting to ensure maximum cash flow in both the short and long terms.

“Creating a smooth transition for the tenants of 610 West Ash is a high priority for Meissner Jacquét,” said Kevin Tagle, principal of Meissner Jacquét Commercial Real Estate Services. “Our proactive approach to a seamless transition involves an organized property management team equipped with a detailed property transition checklist, strong coordination skills, and the desire to attend to every detail to ensure that each aspect of the transition is handled appropriately.”

For information regarding 610 West Ash, please contact Christie Kong, property manager, at 858-373-1227 or [email protected].

Live-Work-Play

Located in the heart of Downtown San Diego’s Little Italy, a hip and historic urban neighborhood, 610 West Ash provides its tenants with a live-work-play environment. At 48 square blocks, San Diego’s Little Italy is the largest in the Nation and boasts abundant shopping, a farmer’s market with artisan foods and fresh, local produce, art galleries, hotels, 30-plus restaurants – including patio cafés and pubs – numerous housing options, and parks that are all within walking distance.

“610 West Ash is well positioned in a highly walkable and evolving submarket of downtown San Diego. We feel the long term growth potential for San Diego as a West Coast 24 hour CBD market is excellent,” said John Caley, Gemini Rosemont’s senior managing director, capital markets.

The building’s location is convenient to San Diego’s primary public transit providers, freeways and San Diego International Airport, and offers panoramic views of the San Diego skyline, San Diego Bay, Coronado Island and the Pacific Ocean.

As evidenced by the institutional investment in San Diego’s commercial real estate landscape, San Diego County is regionally focused on business growth and globally competitive. As one of the top emerging regions in the world, the city is a hub for wireless and biotech, it boasts legendary research institutes and tourist attractions, and land and sea ports of entry that offer incomparable opportunities for forward-thinking businesses.

About Meissner Jacquét

Founded in 1992, Meissner Jacquét Commercial Real Estate Services has the knowledge and experience to provide commercial real estate solutions to office properties, retail centers, industrial parks, and commercial owner associations for institutional and privately-held investors, whether they be local, regional, or national. To learn more about Meissner Jacquét, please contact Brent Williams at 858-373-1113 or [email protected] or visit mjcres.com.

Sources:

Gemini Rosemont Logo_4-14-16

 

 

 

Gemini Rosemont Commercial Real Estate

Meissner Jacquét Commercial Real Estate Services

Little Italy, San Diego, www.littleitalysd.com

San Diego Regional EDC

6 Key Commercial Real Estate Disruptors

Land use and commercial real estate’s demand-supply dynamic are set to experience a significant change by the time the year 2030 rolls around. Given the almost daily technological advancements and changing consumer behavior, commercial real estate professionals should reevaluate their business models and focus on the leading factors of this disruptive change.

Four key macro trends have been found to be the front leaders of the disruption – according to research performed by the Deloitte Center for Financial Services. Over the next 15 or so years, CRE executives should pay close attention to the following when positioning their companies to respond to the ever changing commercial real estate market.

Sharing goes beyond table manners and enters the office space market. 

Individual entrepreneurs and small businesses are leading the shared office space movement, including the demand for flexible-term leasing, furnished space, and amenities. In turn, commercial real estate developers, owners and operators must start to design space to accommodate these demands, redevelop and reposition space as a result of excess capacity, and come up with innovative and dynamic leasing models.

Improving technology makes direct-to-consumer services more easily obtainable.

Information sharing, cognitive technologies, big data analytics, and artificial intelligence are becoming the norm across all industries and these trends are being seen in commercial real estate through improved access to market information and data. Due to this, the potential for transactions without brokers is increasing and begging the question of traditional brokerage services and leasing models. To balance the shift, companies must look to non-broker revenue sources and new service models that drive value for clients.

On-demand and same-day delivery blurs the line between retail and industrial space.

The retail and industrial markets are responding to consumer expectations for on-demand and same-day delivery services by utilizing 3-D printing, robotics, drone technology, and inventory optimization technology. This in turn reduces inventories and limits demand for large warehouse spaces. Gone will be the days of large distribution centers, instead commercial real estate executives operating in the retail and warehouse/industrial markets should focus on smaller, local distribution centers and flexible store formats that allow for maximizing space utilization.

Non-traditional employment experiences drives demand for office and mixed-use properties.

The millennial workforce is leading the charge in the evolution of the marketplace by way of where commercial real estate is located, how it’s designed and the way it’s used. In order for employers to win the talent war, they must locate office space in mixed-use, transit-oriented developments that incorporate amenities such as housing and recreational options. The live-work-play environment will be the differentiator of what attracts and retains the millennial worker, who will comprise 75% of the workforce by 2030.

In addition to keeping these four key macro trends in mind, commercial real estate leaders and decision makers should consider how construction and paid parking impact economic development.

Construction activity expected to remain strong amid growing costs.

Given 2015 was a banner year for construction activity, 2016 would be hard-pressed to follow suit given mounting costs and a lack of talent supply. Even with these contributors, 2016 should see stable-but-slow construction activity in several key sectors including education, industrial, office, and retail. The key factor behind the rising costs are due to the sharp rise in sheet-glass prices, which negatively impacts office and high-rise residential construction budgets. Coupled with rising costs is the challenge of finding skilled workers at higher labor costs. An industry-wide survey by the Associated General Contractors of America found that 86% of contractors have trouble filling key hourly craft positions and salaried professional jobs.

Paid parking benefits developers, businesses, and consumers.

Ample parking in urban and downtown areas can be hard to come by and businesses are usually the ones to hear consumer complaints. A solution to this can be found in a parking benefit district – a quasi-government organization, usually a public-private partnership with local business participation that has some authority over parking rules and revenues. These transportation benefit districts, downtown development authorities or business improvement districts enhance parking convenience and uses the revenues from paid parking to improve the commercial, residential, and retail environments in a variety of ways.

Best Practices

By utilizing technology, staying abreast of market trends and consumer activity, commercial real estate professionals can ride the tides of the ever-changing real estate landscape. Besides the major disruptors, all signs point to relatively clear skies ahead in 2016 for steady growth in key markets across the United States.

Sources:

NAIOP, Development Magazine Spring 2016, Business Trends: Four Key CRE Disruptors

NAIOP.org: Construction Activity is Still Growing – It Just Costs More Now

Associated General Contractors of America, Nationwide Survey Finds 86 Percent of Contractors Have Difficulty Filling Key Craft and Salaried Jobs as Demand for Construction Increases

NAIOP, Development Magazine Spring 2016, Business Trends: Making Paid Parking Pay

Global Factors Influence Office & Industrial Trends

Two months into 2016 and there are five trends to watch this year for office and industrial commercial real estate. Marcus & Millichap experts discussed topics such as jobs, oil, interest rates and inflation as factors influencing the company’s 2016 U.S. Office & Industrial Investment Forecast.  See below for what they and other commercial real estate advisers have to say.

GDP growth continues despite global slowdown.

The U.S. GDP is entering its seventh year of growth, with the current growth cycle beyond the average of 60 months. Declining oil prices are placing additional stresses on the market, yet falling gas prices are a net positive for the economy. U.S. economic outlook is positive; however, concern is forming over the impact of the overall global economy as the European Union shifts into a lower gear in how to handle a drop in China’s external trade and how the influx of refugees could impede trade between European countries.

Job creation and compensation broadening.

U.S. employment growth is entering its 65th continuous month (there are 4.9 million more jobs than at the onset of the recession of December 2007), with a slight slowdown anticipated this year due to the fact that the number of people available to be hired can over the long term only grow in line with population growth. The jobless rate fell to 4.9% in January, due to more people joining the labor force instead of people dropping out. While job numbers rise, wage slowly does too. January showed a 0.5% increase in the average hourly earnings and a small increase in the length of the average workweek. With inflation still low, an increase in an average worker’s pay translates into a gain in buying power.

Limited construction demand.

Based on the 2016 Forecast, office product type completions are at two-thirds of what they were prior to the recession, which has given the sector opportunity to recover and drive vacancy rates back down. Office vacancies hover at 14.5% at the start of 2016, which is driving up rents. A decline of space per employee has impacted absorption rates, even with job growth. Office construction remains highly concentrated in Houston, San Jose, Dallas/Ft. Worth and New York. Industrial construction is at two-thirds of the last cycle despite e-commerce’s impact and the greater demand for urban-located fulfillment facilities. According to the Associated General Contractors of America, the industry’s unemployment rate is at a 17-year low of 8.5%, which is unclear if it’s due to a lack of talent or if broader economic uncertainty is leading to a decline in demand. Dallas/Ft. Worth, Inland Empire, Atlanta and Houston are seeing the highest industrial completions.

Transaction activity pushing new heights.

Growth in transactions has been steadily accelerating since the end of the recession; at this point, office transactions are at 22% above the peak of the last cycle although pricing is slightly down. Growth is driven by solid fundamentals and increased capital, due to investors looking for alternative places than Wall Street to put their money. In San Diego, infill is driving sales of industrial and office space, with REITs and other large investment owners being a large contributor. Worldwide, Savills World Research’s 2016 “Around the World in Dollars and Cents” report, calculates the value of all high-quality commercial real estate at $29 trillion. The report notes that this value is unevenly distributed, with nearly half (45%) of all global CRE assets located in North America. About 1% of all global real estate assets trade each year in big-ticket transactions, Savills concludes, adding that differences in monetary conditions and investor practices around the world have “important and profound implications for global real estate trends.”

Cap rate compression.

According to  Real Capital Analytics, cap rates averaged 6.5% nationwide during 2015, while the 10-year treasury rate averaged in the low 2% range for most of 2015 and early 2016. This implies a spread of over 4% (or 400 basis points). Today’s spreads are significantly higher than those observed pre-crash where they averaged slightly below 200 basis points and even below 100 basis points for class A assets in top markets according to the commercial real estate economics researchers at the Lakemont Group. Tightening vacancies and climbing rent growth continue to support pricing appreciation for office moving forward. Downtown markets and suburban markets are 8.5% and 3.5%, respectively, below peak of the last cycle, but both are getting solid lift off of the trough of the market in 2008-2009.

With a variety of economic and monetary factors at play in commercial real estate, differences of conditions and practices leave it up to the investor to be as informed as possible. To learn how to maximize the return on investment of your commercial real estate assets, contact Brent Williams of Meissner Jacquét Commercial Real Estate Services at 858-373-1113 or [email protected].

Sources:

NAIOP Blog, February 18, 2016, Five Trends to Watch in 2016

NAIOP Source, February 2016, Global Real Estate Assets are Worth $217 Trillion

Our City San Diego, Business, Real Estate & Politics, January/February 2016

The Daily Transcript, vol. 131, No. 25, January’s Job Numbers Answer Some Questions

The Daily Transcript, vol. 131, No. 25, Construction Employment at 7-Year High

SVN Blog, January 29, 2016, Commercial Real Estate Market Outlook

Avoiding Litigation When Deals Go South

When a commercial real estate acquisition or disposition transaction does not close for one reason or another, fears of litigation typically arise. The reality is that “dead” deals rarely end up in court, but if one does, something has gone terribly wrong.

In purchase and sale deals that have gone awry, buyers frequently accuse sellers of fraud and failure to disclose as a basis to back out of the deal and recover their deposits. Also common are alter ego cases, in which parties seek to disregard the limited liability offered by corporations and limited liability companies. Finally, cases involving lot line adjustments and their effect on pre-existing entitlements are on the rise.

The Best Protection: Preempt the Dispute

Ultimately, there is no “silver-bullet” that will prevent a commercial real estate sales transaction from going sideways when one party is determined to back out. However, some careful preparation can put both buyers and sellers into a better litigation position if that happens. For sellers, a good rule of thumb for avoiding problems is to ask themselves if they want to disclose a particular fact to a buyer. If the answer is no, then it is a good practice to disclose it.

In the current white-hot commercial real estate market, sellers are receiving better offers during due diligence periods, and are trying to trade up to the better deal by looking for buyer defaults as a basis to terminate the original inferior deal. To get out of the existing deal, sellers are focusing on contractual condition deadline issues or even claims that third-party conduct is preventing the sale.

In order to avoid a dispute with sellers looking to trade-up, buyers need to be certain that they know and understand the deadlines in their purchase and sale agreements.

The Best Resolution: Reach a Deal outside the Judicial Process

When deals do end up in dispute, the best resolution is to reach an agreement outside of the judicial process. Mutual agreement eliminates risk and rightfully takes the decision and strategy making powers out of the hands of the lawyers and puts them back into the control of the business people.

Arbitration – private dispute resolution – can also be effective in saving both time and money. However, if the other party is difficult or if a good arbitrator is not selected, arbitrations can be just as expensive and lengthy as ordinary litigation, but without the right to appeal. Similarly, mediation – brokered settlement discussions – can break a communications logjam and get matters settled, but the timing needs to be right for the approach to really be effective. Parties need sufficient information to understand the positive and negative parts of their case before they can be in the right frame of mind to settle.

Of course, sometimes an agreement to settle cannot be achieved, in which case a cost-sensitive yet aggressive handling of the matter is a must for an aggrieved party. Most importantly, parties need to understand that litigation (or threat thereof) is ultimately a business tool and, like any tool, it may get the job done or it may be the wrong one entirely. A good litigation attorney will use the right resolution tool – be it arbitration, meditation, or litigation – paying careful attention to the risks and rewards of each method, the timing of the action, and how much the parties are informed and interested in settling.

A partner and chair of the litigation practice team at Crosbie Gliner Schiffman Southard & Swanson LLP (CGS3) – a San Diego-based commercial real estate law firm – Gregory Markow has devoted his entire career to resolving real estate and business disputes. He has represented real estate investors, owners and property management companies looking to minimize risks that lead to litigation, defending them when disputes cannot be avoided. For information on how CGS3 can help you avoid litigation when deals go south, contact Gregory Markow at 858-367-7697 or [email protected].

Sources:

Crosbie Gliner Schiffman Southard & Swanson LLP (CGS3), Gregory Markow, Partner