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March 2, 2012
Kind words are the music of the world. -- F.W. Faber |
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SAR Commercial Members
Call for your free 30-minute
Advice/Mentoring session
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Call Tony at (916) 437-1205
Additional Information
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COMMERCIAL REAL ESTATE VACANCY RATES IMPROVING, RENTS FIRMING | |
According to the National Association of REALTORS® quarterly commercial real estate forecast, all of the major commercial real estate sectors are seeing improved fundamentals, but multifamily housing is becoming a landlord's market commanding bigger rent increases. These trends also are confirmed in NAR's recent quarterly Commercial Real Estate Market Survey.
Lawrence Yun, NAR Chief Economist, said vacancy rates are improving in all of the major commercial real estate sectors. "Sustained job creation is benefiting commercial real estate sectors by increasing demand for space," he said. "Vacancy rates are steadily falling. Leasing is on the rise and rents are showing signs of strengthening, especially in the apartment market where rents are rising the fastest."
NAR forecasts commercial vacancy rates over the next year to decline 0.4 percentage point in the office sector, 0.8 percentage in industrial real estate, 0.9 percentage in the retail sector and 0.2 percentage point in the multifamily rental market. "Household formation appears to be rising from pent-up demand," Yun said. "The tight apartment market should encourage more apartment construction. Otherwise, rent increases could further accelerate in the near-to-intermediate term."
The Society of Industrial and Office REALTORS® shows a notable gain in its SIOR Commercial Real Estate Index, an attitudinal survey of 297 local market experts.
The SIOR index, measuring the impact of 10 variables, jumped 8.3 percentage points to 63.8 in the fourth quarter, following a gain of 0.6 percentage point in the third quarter. The index remains well below the level of 100 that represents a balanced marketplace, which was last seen in the third quarter of 2007. Most market indicators posted advances in the fourth quarter, but 71 percent of respondents said leasing activity is below historic levels in their market - an improvement from 83 percent in the third quarter. Only 29 percent report there is ample sublease space available.
Office and industrial space remains a tenant's market - 87 percent of participants feel that tenants are getting a range of benefits ranging from moderate concessions to deep rent discounts.
Construction activity is still low, with 95 percent of experts reporting it is below normal, and 83 percent said it is a buyers' market for development acquisitions; prices are below construction costs in 78 percent of markets.
Participants are broadly expecting stronger conditions for the current quarter, with two out of three expecting market improvement. (NAR) Vacancy Rates Improving |
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EDUCATION | |
10 TRAPS FOR THE UNWARY IN COMMERCIAL LEASES -- Next week!
Wednesday, March 7 -- 8:30 - 10:00 a.m.
Speakers: Jon Goetz and Amara Harrell
Cost: $10 for SAR Members and REALTORS®/$15 All others
We all make mistakes. But mistakes in commercial leases can be costly over the long-term of a lease. Leases should reflect not only the basics such as rent and term, but need to look into the future to guide the parties through a host of possibilities. Real Property attorneys from Kronick Moskovitz Tiedemann & Girard will discuss the ten common mistakes made in commercial leases, and how those mistakes can be prevented by careful negotiation and drafting.
- Is your letter of intent actually an enforceable lease agreement?
- Is your lease flexible enough to address the tenant's need for more or less space, and the landlord's need to move tenants?
- Is the lease clear as to who is responsible for various types of maintenance, and compliance with disabled access requirements?
- Does the lease anticipate the needs of future buyers, replacement tenants and lenders?
- Registration Form or Call Brian at (916)437-1210
EARNING COLLECTIBLE COMMISSIONS
Wednesday, April 4 -- 8:30 - 10:00 a.m. Speaker: Bill Hunter, Esquire Cost: $10 REALTORS® and SAR Members/$15 All Others
Mr. Hunter will take a look at the legal and practical means by which successful brokers and agents earn and collect commissions.
Questions will be answered such as: What are the indicators of a well-written listing or representation agreement? How is a commission deemed legally "earned" and "payable?" How can collection be effected without legal hassle? What are the defenses a client may have against payment? And much more.
- Nuances of discussing a property and dealing with a party's confidentialities
- The distinction between legitimate "puffing" or salesmanship and fraud or misrepresentation
- The relationship and risks of listing a property previously listed with another broker
- The importance of being the "procuring cause," even under an exclusive listing
- Repetition of a party's obligation to pay a commission - why, where and how?
- Understanding proper licensure and fiduciary duties
- How to prevent and/or deal with conflicting interests of the broker or other parties
- The key provisions needed in listing and representation agreements
- Q & A
- Registration Form or Call Brian at (916)437-1210
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REGIONAL EVENTS |
IREM Luncheon -- Energy Rebates
Thursday, March 8 --- 11:30 a.m. - 1:30 p.m. Chops Steakhouse, 1117 11th Street, Downtown Sacramento $45 IREM members / $55 non-members -- Registration
NAIOP Dinner and Roast of Rex Hime
Thursday, March 8 -- 5:30 PM - 9:30 PM
Cost: NAIOP Members $110/Non-Members $160
Contact: Tammy Botts at tbep@aol.com or (916)367-4450 or Registration
CCIM Chapter Meeting -- Key Issues & Recent Developments
Thursday, March 15 -- 5:30 p.m. at the offices of Downey Brand
Sacramento Real Estate Exchange
Friday, March 16 -- 10:30 a.m.
China Buffet in Citrus Heights
Call Ben Couch at (916)989-4652 for additional information
ACRE Broker Of the Year Awards and Banquet
Thursday, March 22 -- Cocktails at 5:00 p.m. and program beginning at 7:00 p.m.
Hyatt Regency Sacramento
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| LEGISLATION |
Climate Action Plan in the City of Sacramento
The Sacramento City Council passed a comprehensive Climate Action Plan in February to help the City come into compliance with AB 32, a bill passed by the State Legislature in 2006 mandating greenhouse gas reduction. The final version of the plan is a true compromise between those who favor mandates and those who prefer incentive-based programs. The Sacramento Association of REALTORS® was integrally involved in the formulation of this plan for the past two years, which initially included a provision that a commercial property or home would need an energy rating at point-of-sale before it could close escrow.
The plan deals with many things, but those that effect commercial real estate include implementing a Commercial PACE Program and adopting a CECO. The Commercial Property Assessed Clean Energy Financing Program (Commercial PACE) will create a voluntary special assessment district to help finance energy efficiency retrofits of commercial establishments. The Commercial Energy Conservation Ordinance (CECO) will require some very basic greening when building permits are pulled for major renovations or additions.
This was a long and arduous process, but the end result shows that when both sides come together and are willing to talk and compromise, good policy can result. Local governments are under strict mandate from the State of California to lower greenhouse gas emissions. Now that a Climate Action Plan passed, the next step will be to create ordinance language, which will actually put Commercial PACE and the new CECO into effect. SAR will be very involved in drafting language. Background Information
Controller, lawmakers propose energy efficiency program
Last week, California Controller John Chiang joined state lawmakers, labor representatives and business groups to announce legislation aimed at increasing energy efficiency in commercial buildings. "It is really nice for a change to talk about moving California forward," Chiang said. "We want to make sure California grows."
If the legislation passes, the state would facilitate private loans for financing improvements to commercial buildings, such as more efficient heating and air conditioning systems. The bill's supporters, which include Sen. Kevin de Leon (D-Los Angeles) and Assemblywoman Nancy Skinner (D-Berkeley), said the program would not cost any taxpayer money and could create jobs for out-of-work contractors hit hard by the recession."It is a very potent combination: job creation where we need it most, as well as energy efficiency to lower our costs," de Leon said.
"Half of the state's 9 billion square feet of commercial building space was built before tougher energy regulations were enacted, meaning there's plenty of room for improvement," said Rex Hime, head of the California Business Properties Association.
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SOCIAL MEDIA IN CRE NO LONGER JUST FOR SOCIALIZING | |
by Mark Heschmeyer
Commercial real estate brokers and companies are slowly shrugging off their aversions to social media platforms and are engaging more frequently in online marketing, information gathering and client building.
While late to the social networking scene and still in a fledgling state of using websites such as LinkedIn, Facebook and Twitter, many in the CRE industry have started trying to harness their reach in hopes that one day it will lead to deals and dollars. At the same time, many others still refuse to join the fold and will resist until they're the last ones online.
"Clearly social media is still a divisive issue in commercial real estate - the difference in sentiment between enthusiastic adopters and major detractors parallels the sentiments in other industries driven by client relations, such as nonprofits and law firms," said Angela Brown, External Communications Manager for CoStar Group. "What is interesting in the similarities is the fact that many of the perceived challenges involved with social media are not insurmountable - platform selection, time management and measuring ROI are actually relatively simple with a bit of education and practice."
"I also think there is a misperception out there that social media is a magic wand that is meant to replace traditional relationships. It doesn't work that way," Brown said. "It should be seen as an inroad to establishing new online relationships and as a bridge to building offline relationships."
CoStar recently updated an informal poll it did a year ago to find out what successes, challenges and strategies the industry has adopted in the past year. (CoStar) Social Media
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| FREE PODCAST AND WEBINARS | |
2012 Commercial Issues and Actions NAR Treasurer Bill Armstrong provides highlights of the latest quarterly commercial forecast from NAR. Plus, he discusses a new study on a proposed lease accounting rule that demonstrates the negative impact it would have on the entire economy. Finally, Bill explains that the REALTOR® Rally taking place in D.C. on May 17 isn't just about housing; REALTORS® are also there to remind Congress about how vital commercial real estate is to the economy. NAR Podcast
Checking In: Why the Time is Right to Buy Hotels Whether you're a long-time player in the hospitality industry or an investor who is new to the segment, it is a great time to make a bigger commitment to the hotel sector. This webinar will explore: * The misconceptions about the lodging sector * Discuss the rebound now taking place * Look at why investing in hotels today is a worthy endeavor * Examine how deals can be constructed with existing sources of debt and equity Receive a complimentary copy of Choice Hotel's latest whitepaper Right Place, Right Time: Market conditions create ideal environment for hotel investment with your registration.
Event Registration
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| HOUSING STILL NOT AFFORDABLE FOR SOME WORKING HOUSEHOLDS | by Michael Shaw
Thirty percent of "working households" in Sacramento spent more than half of their income on housing in 2010, according to a national report last week. The study by the Center for Housing Policy claims that falling home prices have not led to affordability for many working-class and middle-income families. "Working households" are defined as homes where an occupant worked at least 20 hours a week and made 120 percent of the median income or less for the immediate area.
For Sacramento, that equates to more than 300,000 households. According to the study, the number of homes in Sacramento from this group where at least half of the income goes to housing costs, including utilities, went up from 27 percent in 2008 to 30 percent in 2010. California led all states in the number of households who have this "severe housing cost burden" at 34 percent of working households. Nationally, the group claims, housing prices have dropped but household income for these families has dropped further. (Sacramento Business Journal)
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| SMUD PROGRAM DEFRAYS COST OF LIGHTING CONTROLS | |
by Melanie Turner
A program rolled out this month by the Sacramento Municipal Utility District offers incentives for cutting-edge lighting controls that could dramatically reduce energy costs for businesses. SMUD research shows that adopting advanced lighting controls can cut energy use by 50 percent to 75 percent. SMUD's Advanced Lighting Controls Program is one of the first smart grid-capable, energy-saving programs rolled out by the utility.
While it's not limited to a particular size building, the program targets privately owned commercial buildings that are 10,000 to 100,000 square feet, which project manager Dave Bisbee said "have been pretty much overlooked in the past." Ideal candidates are big-box stores, office buildings and parking garages that have lights on during the day.
Buildings that size often have motion sensors and time clocks that schedule lights to be turned on and off. But they don't typically have advanced wireless-lighting controls that often are part of energy management systems for even larger customers. (Sacramento Businss Journal) Lighting Controls
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| SACRAMENTO PLANS TO COMBINE PLANNING, DESIGN COMMISSIONS | |
by Michael Shaw
The Sacramento City Council is expected to approve a proposal to combine the city's planning and design commissions into one expanded body that will have 13 members.
A major reason is the real estate slump. According to a report, just three projects were heard by the design commission in 2010 and only five in 2011.The city of Sacramento has more than 50 commissions, including those run jointly with Sacramento County and other municipal bodies, according to a consultant. Some of them meet rarely or not at all. The combining of planning and design is part of an effort to streamline city operations. (Sacramento Business Journal)
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| CBRE GLOBAL OFFICE RENT AND VALUE INDICES SHOW GAINS | |

CBRE reported a 5 percent increase for its Global Office Rent Index and an 8.2 percent increase for its Global Capital Value Index for 2011. Deal momentum slowed down in the fourth quarter, however, with the Global Office Rent Index rising only 0.48 percent and the Global Capital Value Index rising 0.44 percent.
In contrast, the average growth rate for the Global Office Rent Index during the five quarters leading up to the fourth quarter of 2011 was 1.2 percent. The average growth rate for the Global Office Capital Value Index was about 2.2 percent. Prior to the onset of the recession, both indices reported quarterly growth of more than 10 percent. CBRE attributes the slowdown to an uncertain economic climate and resulting investor caution. "After a good start in 2011, global office rental rates and capital value recoveries were delaying in the fourth quarter by the dominant macro-economic issues," said CBRE Global Chief Economist Dr. Raymond Torto in a statement. "We believe the recoveries in commercial real estate are only delayed, not denied, as new construction pipelines are sparse except in a select number of markets." (NREIOnline) Rents Show Gains
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| COMMERCIAL MORTGAGE REITS: LESS RISK, SAME REWARD? | |
by Jennifer Popovec
A new crop of commercial mortgage REITs emerging today may be less risky investments compared to the legacy commercial mortgage REITs that operated during the most recent real estate boom, argue some industry experts.
According to backers, the newer commercial mortgage REITs operate more prudently than their predecessors and boast improved transparency, making it easier for investors to understand the fundamentals of the business.
Newer mortgage REITs-those that have conducted IPOs since 2008-have some marked differences from those that existed prior to the debt crisis. Most importantly, they operate with lower leverage, eschew cross collateralization and lend to lower loan-to-values.
The shutdown of the securitization market in the wake of the financial crisis in 2008 changed the business models and risk profiles of commercial mortgage REITs. Historically, these companies could invest in credit risk by originating or purchasing loans and securitizing them into commercial mortgage-backed securities (CMBS) or collateralized debt obligations (CDOs). Most of the leverage was off balance sheet in the form of structural leverage. (NREIOnline) Mortgage REITs
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| ARE INSTITUTIONS READY FOR MORE RISK? | |
by Beth Mattson-Teig
Pension funds, life insurance companies and private equity funds have been focused almost exclusively on purchasing core properties in a handful of top markets. That tunnel vision may start to expand in 2012 as institutions prepare to venture further out on the risk spectrum.
Institutional investors have plenty of capital to spend. In fact, institutions have been among the most active buyers in the market by dollar volume. For example, institutions outspent both REITs and private buyers for office properties in 2011, and acquired $21 billion of the $52.6 billion in office properties that were sold last year, according to the CoStar Group.
The bulk of that institutional capital is flowing to the same places-premium properties in markets such as New York, San Francisco and Chicago. Those core transactions have played a key role in kick-starting sales activity in the wake of the global financial crisis. The voracious appetite and limited supply also has created bidding wars that have sent prices soaring to levels reminiscent of the peak of the market in 2006 and 2007. For example, UBS Realty Investors recently purchased Exchange Place in Boston for $610 million, or about $510 per sq. ft. (NREIOnline) Institutional Investors
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| ARCHITECTURE BILLINGS POINT TOWARD RECOVERY | |
by Randyl Drummer
The Architecture Billings Index (ABI), a leading indicator of future construction activity, stayed positive for the third month in a row, although the overall reading was flat and the West continues to show weak demand for design services.
The American Institute of Architects (AIA) reported the January ABI score was 50.9, following a mark of 51 in December, reflecting a continued slight increase in demand for design services.
Any score above 50 indicates an increase in billings. The ABI reflects the lag time of about nine to twelve months between architecture billings and construction spending. The index measuring inquiries for new projects was 61.2 in January, down slightly from a reading of 61.5 the previous month.
"The three months of positive index reading is encouraging because it is reflected across most regions of the country and across the major construction sectors," said AIA Chief Economist Kermit Baker. However, "because we still continue to hear about struggling firms and some continued uncertainly in the market, we expect that overall economic improvements in the design and construction sector [will] be modest in the coming months," Baker said.
The Midwest recorded the strongest demand growth with an index of 53.7, followed by the South (51.6), Northeast (50.7) and West (45.6). (CoStar)
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| COSTS LINKED TO PROPOSED LEASE ACCOUNTING CHANGES COULD HARM ECONOMY, CRE VALUES | |
by Randyl Drummer
Real estate businesses and property values could be adversely affected by the new accounting standards -- and the cost of complying with them -- according to a report backed by a coalition of real estate and business groups.
As international rule makers prepare to release another draft of proposed accounting changes that would require companies to capitalize real estate and equipment leases, a report warns that current proposals would impose huge costs on businesses, costs that could potentially offset at least 190,000 jobs, slowing U.S. economic growth and damaging the recovery of the commercial property sector.
Under a best case scenario in the report issued by Chang & Adams Consulting, the current proposal could increase liabilities for U.S. public companies by $1.5 trillion, with more than $1.1 trillion of that attributable to balance sheet recognition of real estate operating leases and the remainder coming from leases liabilities of equipment and other leases.
The accounting changes would result in higher spending and increased cost of capital for companies to comply with the new standards. Using an input-output economic analysis based on estimates using regional economic multipliers, the study reported the increased cost of compliance would result in the offsetting loss of 190,000 U.S. jobs in a best-case scenario and in the worst case, 3.3 million jobs. The study also reported the cost of compliance could lower U.S. GDP by $27.5 billion a year. The study was commissioned by the U.S. Chamber of Commerce, Real Estate Roundtable, NAIOP, Commercial Real Estate Development Association, NAIOP Inland Empire Chapter, NAIOP Southern California Chapter, the National Association of REALTORS and the Building Owners and Managers Association (BOMA) International. (CoStar) Lease Accounting Charges
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| CRE LOAN PRICES REGAINING PRE-RECESSION VALUES | | by Mark Heschmeyer
The aggregate value of bank and CMBS real estate loans sold last year rebounded to levels not seen since 2008.
Whole real estate loans both commercial and residential offered by the Federal Deposit Insurance Corp. last year sold at 84% of their book value compared to 34% in 2010 and 72% in 2008.
What's more, performing commercial real estate loans the FDIC sold last year went for 91% of book value. Performing residential loans in 2011 also went for about 91% of their book value.
The FDIC also pools sub- and nonperforming real estate loans from failed banking institutions and sells them through structured transactions. In these cases, the winning bidder purchases a portion, typically ranging from 20-40%, of the equity in the mortgage pool. To date all such transactions have included some form of FDIC financing.
Typically, these deals include a number of construction and development loans and hence tend to have lower valuations. The implied value on the winning structured loan bids in 2011 held steady at an average in the low 40% range to book value. The average value of these types of transactions in 2008 and 2009 were in the low to mid 30s. (CoStar) CRE Loan Prices Gaining
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| COMMERCIAL REAL ESTATE: BACK IN THE SADDLE? | |
After a "Tale of Two Cities" year in commercial real estate that gave lenders and borrowers alike the best of times and the worst of times, the outlook for 2012 is both positive and encouraging. According to "Commercial Real Estate: Back in the Saddle?" - the latest podcast produced by John B. Levy & Company, early indicators suggest that CMBS is back with a force.
"After the European debt crisis and US government bonds gave us a rocky ride in 2011," says John Levy, Founder of John B. Levy & Company, "commercial real estate is back in the saddle for 2012. The conduit business gives us a perfect indication of what we can expect. First of all, rates are cheaper. Ten-year fixed-rate money is 5 percent or less, which is 100 basis points better than what it was this past fall. In addition, second- and third-tier cities are now in the mix. Deal-making has moved from cities like Washington, New York, and Chicago to a broader array of markets . . . Albuquerque and Amarillo, Nashville and Richmond."
"While CMBS is expected to make a strong statement in 2012, preferred equity and mezzanine debt will continue to bring additional leverage to transactions," according to Levy. In fall 2011, as well as earlier in the year, mezzanine debt and preferred equity fell in the 13 to 15 percent range, if not higher. Those prices are currently in the single digits, the result of low interest rates on US Treasuries. In no uncertain terms, current Federal Reserve policy is playing a significant role in the pricing of preferred equity and mezzanine debt. (Press Web) Back In The Saddle?
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