Category: Investment News

1031 Exchanges Help Defer Certain Tax Liabilities

Posted on 09/11/23

Brokerage, property management, development management, consulting

For all of your commercial real estate questions, ask a professional at Kelley Commercial Partners

A 1031 exchange, also known as a tax-deferred exchange, gets its name from the Internal Revenue Code 1031. Essentially, this rule in the tax code allows investors to defer certain tax liabilities they would otherwise incur after making a profit from a real estate investment. This can be an incredibly effective tool for investors who find themselves in a situation in which they would like to sell a real estate holding, but do not want to incur the tax burdens such a transaction would create.

In order to take advantage of the 1031 exchange rule, you must replace the property you are selling (the relinquished property) by purchasing another property (the replacement property) with one of equal or greater value and similar in kind and use. For example, if you are relinquishing a rental property for $100,000, you must replace it with another rental property with one valued at $100,000 or more. (You may also have the option to buy several rental properties, so long as the sum total of their value is $100,000 or more). So, unfortunately, you cannot relinquish a rental property and replace it with a vacation home because those two properties would not be alike in kind and use.

In addition to these restrictions, there is a set time frame in which all of these transactions must occur. Once the relinquished property has closed, investors have 45 days to identify the replacement property and 180 days to close that transaction.

Finding buyers for the properties you wish to relinquish, while at the same time attempting to identify equitable exchange properties can be challenging, especially considering the time restrictions. Proper attention must be paid to the details of how 1031 exchanges work and how using them might affect your long-term plans. This is why it is so important to find an experienced CRE professional you can trust to help you with the due diligence commercial real estate transactions require.

If you have any questions regarding a tax-deferred exchange or any other commercial real estate issue, Kelley Commercial Partners brokers and associates are here to provide the answers and support you need to make successful decisions.

Cap Rates: Understanding Commercial Real Estate’s Key Metric

Posted on 07/14/23

By Daryl Peeples

If you’re considering investing in commercial real estate, you’ve probably heard the term “cap rate” thrown around. Cap rates, short for capitalization rates, are a key metric used in commercial real estate to determine the value of a property and its potential return on investment. It’s essential to understand what cap rates are, how they are calculated, and how they affect the value of a property before you buy.

WHAT ARE CAP RATES?

Cap rates are used to determine the value of a property by calculating the net operating income (NOI) divided by the property’s market value. The NOI is the income generated by the property after all operating expenses have been deducted but before debt service and taxes. Cap rates are expressed as a percentage, with a higher percentage indicating a higher rate of return.

HOW ARE CAP RATES CALCULATED?

Cap rates are calculated by dividing the NOI by the market value of the property. For example, if a property generates $100,000 in NOI and is valued at $1 million, the cap rate would be 10% ($100,000 divided by $1 million). Cap rates can also be used to estimate the value of a property by multiplying the NOI by the cap rate. Using the same example above, if an investor is looking for a 12% return on investment, they would be willing to pay $833,333 ($100,000 divided by 12%) for the property.

HOW DO CAP RATES AFFECT THE VALUE OF A PROPERTY?

Cap rates play a crucial role in determining the value of a property. A higher cap rate means that investors are willing to pay less for the property, which can be an indication of higher risk, lower cash flow, or both. Conversely, a lower cap rate means that investors are willing to pay more for the property, which can be an indication of lower risk, higher cash flow, or both. Cap rates can also be used to compare the value of similar properties in the same market. For example, if two properties generate the same NOI but have different market values, the property with the lower market value and higher cap rate may be a better investment opportunity.

WHAT FACTORS AFFECT CAP RATES?

Several factors can affect cap rates, including the property’s location, condition, tenant mix, lease terms, and market conditions. Properties located in high-demand areas with strong economic growth and low vacancy rates typically have lower cap rates. Properties with long-term leases to creditworthy tenants and low operating expenses may also have lower cap rates. Conversely, properties located in areas with weaker economic growth, higher vacancy rates, and higher operating expenses may have higher cap rates.

HOW TO USE CAP RATES IN COMMERCIAL REAL ESTATE INVESTING

Cap rates can be a useful tool for investors looking to get involved in commercial real estate. By understanding cap rates and the factors that affect them, investors can make informed decisions about which properties to invest in and at what price. Here are some actionable tips for using cap rates in commercial real estate investing:

Research the market: Before investing in a property, research the local market to understand the demand for commercial real estate in the area, vacancy rates, and economic growth.
Evaluate the property: Evaluate the property’s condition, tenant mix, lease terms, and operating expenses to determine its NOI and market value.
Compare cap rates: Compare the property’s cap rate to similar properties in the same market to determine if it is a good investment opportunity.
Consider the risks: Consider the risks associated with the property, such as changes in market conditions, tenant turnover, and maintenance costs.

Our team of trusted commercial real estate professionals has the knowledge and experience in the local market to guide you through all the above and provide valuable insights into the investment potential of a property. For more information, please contact us.

Daryl Peeples
President | Principal Broker | Partner

Daryl joined the firm in 1985 and currently serves as president and principal broker, and partner. As principal broker, he ensures that all business conducted by the firm and its real estate activities adhere to the rules and regulations set by the Arkansas Real Estate Commission. Daryl provides strategic direction and leadership to advance the company’s mission and increase revenue, profitability, and growth as an organization.

Kelley Commercial Partners has an award-winning team of real estate professionals with the experience and knowledge to ensure you maximize your potential and reach your financial goals. Let us help you create a clear plan and provide the guidance you need to confidently move forward. Contact us today or click the links below to explore investment opportunities in Central Arkansas.

The Shoppes at Colonel Glenn

Dollar General in Rose Bud, AR

Due Diligence Explained

Posted on 02/01/23

Due diligence typically involves reviewing and gathering a variety of information about a property, including financial records, legal documents, appraisals, and physical inspections before a buyer or seller enters into an agreement. The role of a commercial real estate agent in the due diligence process is to act as a facilitator, helping to gather and organize information, and to serve as a resource for the buyer or seller as they assess the potential risks and liabilities associated with the purchase or sale of a commercial property.

Our job is to facilitate transactions for either buyers or sellers.

Due Diligence for Buyers

From the buyer’s perspective, due diligence is an important step in the process of purchasing commercial real estate because it helps them make an informed decision about whether to purchase the property and to understand the potential risks and liabilities associated with the purchase. Some specific tasks that may be involved in due diligence for a commercial real estate transaction from the buyer’s perspective include:

Reviewing financial documents, such as tax records, budgets, and income statements, to assess the financial health and performance of the property.
Examining legal documents, such as leases, contracts, and deeds, to understand the property’s ownership and any legal liabilities or obligations associated with it.
Conducting physical inspections of the property to assess its condition and identify any potential issues or repairs that may need to be addressed.
Reviewing environmental reports and assessments to ensure that the property is in compliance with local and national environmental regulations and to identify any potential environmental hazards.

Due Diligence for Sellers

From the seller’s perspective, due diligence is the process of providing information and documentation about the property to the potential buyer. The seller is responsible for disclosing any known issues or problems with the property, as well as providing any relevant financial and legal documents for the buyer to review. In addition to providing information to the buyer, the seller may also want to conduct their own due diligence on the buyer. This could involve reviewing the buyer’s financial situation and ability to purchase the property, as well as their plans for the property once they take ownership.

Our associates at Kelley Commercial Partners have the experience and knowledge to ensure seamless property transactions for either buyers or sellers. If you’re considering the acquisition of a property or the sale of property, consider representation from our team. Contact one of our experts today.

Tenant Estoppel Certificates

Posted on 11/08/22

Are you a tenant? A landlord thinking about selling? Or an investor looking to buy a leased property? If you have answered “yes” to any of these questions, it is important that you understand what a tenant estoppel certificate is and the benefits and protections it offers.

What is a tenant estoppel certificate?

A tenant estoppel certificate is a legally binding document signed by a tenant verifying the current status and terms of a lease and specifying any modifications to the original agreement, defaults by the landlord, or other issues relating to the lease. Typically, an estoppel certificate is requested by the landlord as part of the due diligence process before closing on the sale of a property. This statement of facts regarding the lease and the premises estops either party from making a claim that contradicts those facts post transaction.

If you lease, own, or want to purchase a tenant-occupied property, it’s important to understand how a Tenant Estoppel Certificate can protect you.

Most commercial real estate lease agreements include a provision requiring a tenant to complete an estoppel certificate within a specified amount of time after receiving the Landlord’s request. However, only a landlord wishing to sell or refinance the property would request the estoppel. If a lease does not have a provision requiring a tenant to complete an estoppel certificate, it is in the best interest of the tenant to carefully review and complete the estoppel certificate to verify all pertinent lease information.

Why sign a tenant estoppel certificate?

From the tenant’s perspective, an estoppel certificate informs and certifies to the purchaser of the property (i.e., the new landlord under the lease) and, in the event of financing, the lender of any existing issues they will need to address after closing. For lenders and purchasers, the estoppel certificate verifies information presented by the landlord regarding the tenant, the premises, and certain material terms of the lease, which helps prevent any costly surprises after closing.

As a full-service commercial real estate firm, Kelley Commercial Partners provides landlord and tenant representation. And no matter which side we represent, we are committed to successfully guiding you through the process from the beginning through closing. For all your commercial real estate needs, let us be your partner to success.

Commercial Real Estate Leases: The Basics

Posted on 10/18/21

Whether you are a property owner with leasable land or space or an individual looking for space to lease, it’s important to know the basics of the types of leases that are most common in the commercial real estate world.

Gross Lease

In a gross lease (also known as a full-service lease) the tenant pays a flat monthly rate while the landlord remains responsible for all operating costs of the property including taxes, insurance, and maintenance, as well as other expected costs, such as janitorial service. Because landlords must cover all of the property’s operating costs, the rental rate for gross leases is generally higher than for a net lease. In exchange for paying a higher rate, the tenant has the security of a fixed monthly rent payment, minimizing the possibility for variations in their operating costs, making budgeting more predictable and less complicated.

Net Leases

Net leases shift some or all the operating costs associated with a property to the tenants, and tenants are responsible for that cost in addition to their regular rent. There are three types of net leases: single, double, and triple. Tenants with a single net lease are responsible for one of the operating costs associated with the property, generally the property taxes. With a double net (net-net) lease, the tenant assumes the cost of two of the operating costs, generally the property taxes and insurance. With a triple net (NNN) lease, the tenant assumes all of the property’s operating costs, which include taxes, insurance, and all maintenance costs. Lastly, there is a variation of the triple net lease called absolute net lease (also known as a bondable lease). This type of lease relieves the property owner/investor from all financial obligations and risks associated with the property, including taxes, insurance, structural maintenance, and debt liability. All those obligations are passed on to the tenant normally in exchange for a lower base rent.

Benefits of Net Leases

From the landlord’s perspective, entering into a net lease can simplify the management and operation of the property, which can be especially beneficial if they own multiple properties. Furthermore, net lease rates are typically made for longer terms, which gives the landlord the benefit of long and stable income from the property.

Because net lease tenants assume more of the unpredictable costs associated with maintaining the property, their base rent is often at a reduced market rate. This can mean considerable savings in rent over the long term of the lease. While annual rent increases may be built into the lease agreement, they usually remain below the rate one would pay with a gross lease.

Ground Lease

Yet another variation of a net lease is a ground lease. An owner with undeveloped land may enter into a ground lease in which the lessee agrees to incur the cost of developing the property (i.e., construct a building or business on the land) and in exchange, pays only a NNN lease on the land. Ground lease terms are long, generally 50 to 99 years, but when the lease term ends, the ownership of the both the building and the land revert to the owner.

Negotiating a Lease

Before entering into a lease agreement as “lessor” or “lessee”, know your options so that you can benefit the most from the deal. Agents at Kelley Commercial Partners have the knowledge and experience to walk you through the process and negotiate with your best interests in mind.