InSight

Real Estate Investment Due Diligence: An Introduction

Financial Planning Dentist

In the world of real estate investment, thorough due diligence is the cornerstone of success. Whether you’re a seasoned investor or just dipping your toes into the market, understanding the ins and outs of this crucial process is essential. In this blog post, we will explore the definition and importance of due diligence, its objectives in real estate investment, and the key stakeholders who play pivotal roles in the process.

Definition and Importance of Due Diligence

 

Due diligence, in the context of real estate investment, refers to the comprehensive investigation and analysis of a property or project before committing capital. It’s a systematic process that aims to uncover potential risks, evaluate the property’s financial viability, and ensure that the investment aligns with your goals and objectives.

The importance of due diligence cannot be overstated. It serves as a protective shield against unforeseen issues and pitfalls that can lead to financial losses. By conducting thorough due diligence, investors can make informed decisions, minimize risks, and enhance the potential for a profitable investment.

Objectives of Due Diligence in Real Estate Investment

 

Risk Mitigation: The primary objective of due diligence is to identify and assess risks associated with the investment. This includes legal, financial, and market-related risks. Understanding these risks allows investors to develop strategies to mitigate them effectively.

Financial Evaluation: Due diligence involves a deep dive into the property’s financials. Investors analyze income statements, expenses, and projected cash flows to ensure that the investment will generate the desired returns.

Market Analysis: A crucial aspect of due diligence is understanding the local real estate market. This includes examining market trends, competition, and demand-supply dynamics. This information helps investors gauge the property’s potential for appreciation and long-term growth.

Property Inspection: A physical inspection of the property is essential to assess its condition. Investors look for structural issues, maintenance requirements, and any necessary repairs or renovations. This information informs renovation or improvement budgets.

Legal Compliance: Due diligence involves a thorough examination of the property’s legal status. This includes verifying property ownership, checking for encumbrances or liens, and ensuring compliance with zoning and land use regulations.

Environmental Considerations: In some cases, environmental assessments may be necessary to identify potential contamination issues or environmental risks associated with the property.

Key Stakeholders Involved in the Process

 

Several key stakeholders are involved in the real estate investment due diligence process:

Investor: The primary decision-maker who initiates the due diligence process and provides the capital for the investment.

Real Estate Agents/Brokers: These professionals assist in property identification, and negotiations, and provide market insights.

Attorneys: Legal experts who review contracts, conduct title searches, and ensure compliance with local regulations.

Inspectors: Property inspectors assess the physical condition of the property, identifying any structural or maintenance issues.

Appraisers: Appraisers determine the property’s market value, helping investors understand its potential worth.

Financial Advisors: Financial experts help investors evaluate the financial aspects of the investment, including cash flow projections and financing options.

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Kevin Taylor

Obituary: the 60/40 Portfolio

The 60/40 portfolio was born in 1952 in Chicago, IL to Harry Markowitz. It received widespread adoption in the investment community and Nobel Prize accolades. The practice of balancing the correlation between stocks and bonds has died; on March 23rd, 2020. It is survived by a whirlwind of speculation, hedging, and general uncertainty. In lieu of flowers, please send condolences to the risk adverse. If you are familiar with the 60% stock/40% bond portfolio, you know it is largely a relic of the past. For most investors, alternatives and derivatives are likely to become a bigger portion of investors’ portfolios over the next decade. But for decades, investors would reliably count on exposure to 60% stock market equities and 40% bonds to create predictability and smooth out the stock market’s volatility. All with the hope they could still meet retirement goals. This is no longer the case. Cause of Death The cause death is not entirely clear, though there are several compounding maladies: Age: While in its youth the 60/40 performed admirably in its ability to predictably drive income through the ebb and flow of the market. Constantly providing investors with assets in a favorable asset class to be selling, and in turn working additional capital into an out of favor class. The whole process worked swimmingly shifting money back and forth and ever higher. But as this process aged it no longer kept up with changes to the economy. A relentless expansion of the national balance sheet and synchronized expansion money in the supply has eroded the health and reliability of the “40” side of the portfolio and has caused investors to seek higher and higher levels of risks from bonds to accommodate the falling returns. With little to no reprieve from the declining health of bonds, and a limited upside in returns, the predictability of the 60/40 has been questionable as of late. Nothing is more emblematic of this then the current bond markets – in the high yield space debt is priced with almost no accounting for default risks – meaning more money is chasing falling yields and leaving discerning investors to question the urgency. Simultaneously, the negative and near zero rates on treasuries are punishing the most conservative investors. This means the entire bond structure is distorted by the seemingly endless printing of money. Purpose: The 60/40 portfolio was supposed to insulate investors when markets turned sour. Providing a reduction in overall volatility and replacing it with a predictable and stable trajectory. As investors are demanding more and more internal rate of return to meet their investment objective they are either assuming more and more risk without compensation.  Or they’re seeking alternatives that require private equity, hedging, real estate, and complexity to fabricate a stable return and lowered risk. Regarding the risk return balance, investors have been seeking more and more risk for their returns by either pushing dollars into the higher risk bond (as noted above) or out of bonds entirely. Many are finding that to secure their retirement expectations they are going to simply abandon the 60/40 for a higher admixture or equities. And with little or no negative impact for taking on that risk they are seemingly fine running their portfolio hot. In comes alternatives, which has been described as one of the next big trends to cultivate the desired returns for investors. Even Vanguard, a company rooted in the success of the everyday investor, began exploring alternatives, launching a private-equity fund in 2019. This will pose new challenges for mainstream investors who are categorically poor at pricing this unconventional asset class. This could mean that returns will be impacted by fund flows. With the addition of retail investors to the Vanguard platform a systemic pushing up of prices will lower returns for both retail and institutional investors. It will also cause another market where too much money is chasing too few assets. COVID-19: Correlation between asset classes has long been the lynchpin in making the 60/40 (and other Modern Portfolio Theory) concepts work. But as the correlation between bond prices and stock prices are moving in closer and closer lockstep, the advantages of correction are diminishing. No point in time was that more apparent then the sell off in March of every asset class. The volatility seen in stock, bonds and even precious metals during that time showed there is no longer a predictable flight to safety mentality that would give investors an out. Correlation Psychology: Part of this correlation between historically oppositional asset classes comes down to the psychology of the investors. Investors are now, possibly more than they were historically, hypnotized by the returns of the capital markets. So when confronted with a low risk low return asset class like the bond market as a whole they will simply take their money into equities, causing them to invest their bond money with the same reactionary mindset that they invest their equity money. This is causing the both stock and bond markets to become sensitive to emotion and the news cycle like never before. Distortion of risk and “bailouts”: As we have seen and continue to see governments around the world are ready and willing to bail out capital markets. Nowhere is this more apparent than in the United States. There the practice of supporting financial markets with added liquidity is having a two fold effect that erodes correlation. It is rewarding the riskiest investments like equities; and by printing money it’s adding more supply to bonds while driving yields lower. Essentially, this practice is borrowing risk compensation from bonds to create a floor for equities. Exchange Traded Funds: While there is fantastic value in the vehicle it is limited to equities. See while a fund that contributes more assets to a company with a growing market cap created a virtuous cycle in equities, in bond it creates a bubble. By weighting and ETFs net exposure based on market cap it means the companies that borrow more, get more money…imagine

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Kevin Taylor

Using an Improvement Exchange

Imagine being able to sell your appreciated property with all of its gains intact, reinvesting in a new property, and having a budget for improvements, all while enjoying the capital growth of that new property immediately. Guess what? There is an exchange method for that! Here is the Issue Under the IRS rules, once you take ownership of a property, any additional expenditures used to make improvements to the property cannot count towards the value of the replacement property in the exchange. An example of this problem: say that you’re selling building A for $1m and buying building B for $800k. But Building B requires $200k in desired improvements. In a traditional exchange this is a nonstarter; because real estate exchanges have to involve disposing of and acquiring “like-kind” real estate. And unfortunately, the additional labor and materials are not considered “like-kind” for the purposes of the acquisition and cannot be part of the exchange. So the $200k in required improvements cannot be part of the transaction. However… If an InSight client prefers a situation where they need to relinquish property and desires to renovate the next property, there is a path to eliminating the tax loss of the investment AND getting your renovations done. Enter the Improvement Exchange An essential, but overlooked part of the IRS code, can help InSight clients keep their expectations of avoiding a tax loss while making desired improvements a reality. This accommodation can be used to develop the right exchange strategy for the transaction that the business or person requires. If you need to contract out for repairs or improvements, make strategic accommodations for a renter, or change the opportunity completely – this method creates the space to achieve those changes to the property. Under the IRS code in Revenue Procedure 2000-37, an independent third party may take title to the replacement property in the taxpayer’s stead and make the desired improvements on the taxpayer’s behalf. Using an Exchange Accommodation Titleholder (or EAT) In a traditional exchange, the exchange company acts as a qualified intermediary or QI. This means they act as a third-party agent that is both an arms reach from the taxpayer and they help to coordinate the timeline and reporting requirements to make the exchange IRS compliant. If the taxpayer requires improvements the conditions can change.  The exchange company can become an Exchange Accommodation Titleholder or EAT and modifications can be made before the Taxpayer takes ownership – making the desired improvements to the property before taking possession. The EAT takes title to the new property and parks, or holds, that title until the earliest of the following: 180 days from when the relinquished property is sold The improvements are completed 180 days from when the replacement property was parked by the EAT The InSight client can enter into a property improvement exchange with an EAT and direct the QI to send funds periodically to the EAT. Making the desired improvements based on the eventual owner’s instructions. Effectively making the building improvements now part of the acquired property after the close of property A and before taking possession of Property B. Seemingly limitless contractors, consultants, and designers can be paid out by the EAT during this phase, and the owner walks into Building B on day one of ownership with the work done, ready for business and with the changes they envision. In the End The client’s old properties cost basis is rolled into the new property, no taxes are paid on the sale of property A – and property B has received the required improvements to enable it to serve the investor better going forward.

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Account Types: Individual / Solo 401(k)

Getting corporate retirement plan benefits for when you are going it alone Annual Contribution Max: $57,000 or 25% employees pretax income Why we like Solo 401(k)’s: Easy to administer, low-cost retirement plan designed for self-employed individuals and owner-only (spouse can be included) businesses.  The plan can allow either traditional pre-tax or Roth (after-tax) contributions and can be updated as your InSight-full® plan requires They have a verbiage familiar to investors and are very similar to an employer sponsored 401(k)  High contribution limits as contributions can be both employee deferrals and employer contributions Can add a profit sharing plan in addition to 401(k) called non-elective employer contributions.  Employee elective deferral contributions don’t count against the plan contribution limit of 25%, so large contributions can be made (limited to $57,000 per person for 2020 ($63,000 if the participant is age 50 and over) Access to loans Why we don’t like Solo 401(k)’s: Limited to business owner and spouse Is a little more complicated to set up than IRAs Solo 401(k) plans, will also be referred to as individual or one-participant 401(k) plans, and can help maximize retirement savings for self-employed people and business owners that don’t have employees other than yourself or spouse. They work a bit like regular 401(k) plans, except that they allow you to add funds as both employer and employee. First as an employee, you are able to contribute up to 100% of your self-employment income, to a max of $19,500 in 2020 or $26,500 if you’re age 50 or over. Generally as the employer you can add up to an additional 25% of your business’ income (or around 20% if you operate as a sole proprietor). Depending on your income level and the types of revenue practices you own, this dual contribution formula may let you contribute more than with other retirement plans, such as SEP IRAs, although the maximum contribution limits are the same  ($57,000 if 50 or under/$63,000 if older). 

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