Category Archives: Real Estate Law

Ep. 140 Courtney Barnard: Top 3 Legislative Issues Affecting Multifamily Investors for 2018

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

While investors prefer real estate over other assets and securities due to its relative stability, it’s not without fluctuations of its own. Real estate is affected by a number of external forces, from the economy to local, state and federal legislation. What sets fluctuations in real estate apart from other investment classes is it’s general predictability; hardly anything happens out of nowhere in real estate. Most factors affecting real estate can be accurately tracked and anticipated. Investors who can keep ahead of these changes are able to mitigate much more risk in their investment.

Legislation is one of the most important factors affecting real estate investors. It affects everyone down to the local level and is able to affect every facet of real estate investing from financing to construction. With so much to keep track of, staying on top of current legislation may seem intimidating, but there are tools and resources available to assist you. For Florida multifamily investors, that’s our guest for this week!

legislative updates affecting multifamily investorsCourtney Barnard is a returning guest to the show and we’re so glad to have her back. Courtney is the Government Affairs Director for the Florida Apartment Association (FAA), the statewide chapter of the National Apartment Association (NAA).

The NAA/FAA serves as the primary advocate for residential multifamily investors and apartment owners. Not only does it represent apartment owners in front of lawmakers, it also provides education and support for investors. As Government Affairs Director, it’s Courtney’s job to track all national and statewide legislation affecting multifamily residential real estate and relay it to investors. Each year, Courtney provides an annual legislative update on key legislation that directly affects the residential multifamily industry.

Find out the Top 3 Legislative Issues affecting multifamily investors in 2018!

 

Ep. 136 Brian Willis & Gerry Tierney: Learn How Transit & Technology Changes Will Affect Your Property!

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

automated transitTechnology is rapidly changing the way we look at the future. Innovations like automated transit are quickly nearing practical realities. In Tampa Bay, we’re seeing advancements in automated transit already, with the area being positioned as a proving ground for automated systems. Automation and other technologies will bring major changes to existing infrastructure.

No industry will be affected by these impending technologies more than real estate. From multifamily to retail, emerging technologies like automated transit will require an entire rethinking of real estate design and development. Urban planners, architects and developers need to consider these effects and start planning accordingly.

This episode, we discuss these changes on a local and national level. We look at what game-changing technologies are emerging and what urban planners and developers are doing to address these changes now.

Meet Our Guests

Tampa Bay sustainable transitBrian Willis is real estate attorney with Shumaker Loop & Kendrick. He is a leading advocate for integrated and sustainable transit in Tampa. Brian brings on-the-ground knowledge of the cutting-edge technologies here in Florida and how Tampa Bay is taking steps to integrate them into current real estate design and development.

 

real estate designGerry Tierney is an Associate Principal at Perkins + Will. Based out of San Fransisco, Gerry is a leading force for automated transit and mobility and adapting real estate design to suit these changing needs. He serves as the Co-Director of Smart Mobility Lab and has Collaborated with both UCLA – Berkeley and MIT in sustainability research.

Technologies Impacting Real Estate

  • Automated transit / autonomous vehicles
    • Autonomy integrating in public transit by 2020s
    • Subscription-based autonomous car ownership coming down the line

Future-proofing Current Real Estate Design

Urban planners, architects and developers needs to consider how current layout and designs will play into emerging technologies.

  • Adaptive Use
    • Big-box retail stores
    • Shopping malls
    • Existing parking structures
      • Vertical Parking vs. Horizontal
      • In-fill
      • Mechanized parking
  • Urban Design & Planning
    • Current developments built to accommodate automated transit
    • Changes to grid structure and street layouts
    • Rethinking asset classes
      • Industrial
      • Office
      • Multifamily
      • Retail

Resources

  • Contact Gerry at gerry.tierney@perkinswill.com or (415) 546-2933
  • Contact Brian at (813) 221-7165 or on Twitter @BrianWillisTPA

 

 

Ep. 134 Jason Ellison and Josh Diggs: Solving Tenant Issues – Commercial Evictions to Residential Fair Housing

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

The relationship between a landlord and a tenant is unique, to say the least. Whether you invest in residential or commercial real estate, you must maintain a balanced relationship with your tenants.

If you do own tenant-occupied properties, you know that maintaining a balanced relationship is easier said than done at times. When dealing with tenants, there are defined rules and regulations for what you can and cannot do as a landlord; However when it comes to peoples’ homes or businesses, disagreements over a lease can quickly become a tricky situation.  Solving tenant issues can be one of the most important things a landlord can do to retain tenants and stay out of legal hot water.

This live discussion and recording is about solving these common tenant issues. We discussed the landlord/tenant relationship, as well as covering common pitfalls relating to things like evictions and fair housing. One our guests deals in commercial real estate litigation. The other is an owner of multi-family properties.

They are as follows:

commercial lease disputesJason Ellison is an attorney and founding partner of Ellison | Lazenby Law Firm. Jason is a real estate attorney and specializes in contract preparation and dispute resolution. He is highly experienced in landlord/tenant disputes, including evictions.

 

 

dealing with tenantsJosh Diggs is a veteran investor and co-founder/owner of Palm Companies. He is well versed in tenant/landlord relationships and will provide on-the-ground insight into property management issues.Through their property management arm, Palm Communities, Josh has on-the-ground experience managing multifamily properties and dealing with tenants.

 

Check out “Ep. 134: Dealing with Tenants – From Evictions to Fair Housing”!

Join our Tampa Cashflow Meetup!

In an effort to bring you even more talk on Florida’s real estate industry Invest Florida Show has started a monthly event series. Every month we host a different speaker at our downtown Tampa meeting rooms to discuss a different feature of the state’s dynamic real estate market.

You can meet the Invest Florida hosts, get exclusive expert insight and even network with other real estate investors. To find out event information or to join our Meetup, click here.

 

 

Ep. 132 Steven Rinaldi: What You Need to Know About Investing in Real Estate Securities

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

If you’ve got a real estate investment that’s managed through a third-party property management company, did you know it’s considered a security? When your investment is classified as a security, there’s different rules to how it is managed.

real estate securitiesOur guest this week, Steven Rinaldi, is a real estate attorney based out of Bethesda Maryland. He is a leading figure in real estate and security law, having previously served as general counsel for the American Association of Bankers. He specializes in venture capital, private placement, angel investment and crowdfunding. He’s drafted memoranda for real estate investor with deal-types including private loans for rehabbers and loans for apartment investors.

This episode, he’ll be sharing what you need to know about real estate securities and the rules for managing properties as securities.

Find out what you need to know about real estate securities!

  •  Federal looks at 4 factors of an investment to determine it as a security:
    • Investment of money
    • Common enterprise
    • Expectation of profit
    • Element of control
  • Your expectation of a profit is based on the work of someone else
  • Your real estate investment is a security if you do not have control over day-to-day operations of it
  • Different sets of laws apply to real estate securities

Investor resources

Want to find out more about what it means to invest in real estate securities or curious about real estate syndication? You can contact Steven Rinaldi through email at stevendrinaldi@msn.com or by phone at (204) 481-2708. You can also check out what kind of syndication deals he’s been involved in! Click here to view.

Tampa Bay investors: want even more Invest Florida access?

Join our Monthly Cashflow Meetup! Every month we’ll be covering a different real estate topic with an expert panel of guests in front of a live audience! Check out our meetup page for more info.

 

Ep. 124 Todd Hutcheson: Landlord Tales – Keep Control of Your Closing When Assigning Contracts

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

getting into real estate with limited cash; assigning contractsReal estate investing is a big draw for many due to its strong ROI potential as well as its flexibility in investment strategy. There are a lot of ways to make money in real estate without keeping your finger on the main pulse of the deal. This is most evident when it comes to wholesaling and assigning contracts. Buying and reselling interest in a property allows for increased earning potential. It also allows for expedited turnarounds on deals.

Assigning contracts allows investors to sell interest in the property title without being responsible for following the deal all the way through. Essentially, investors can buy and sell properties without ever having to lay hands on the property itself. While this definitely has it’s perks, it is not without risks.

President-elect of the Central Florida Real Estate Investors Association, Todd Hutcheson, joins us today to discuss his experience starting out in wholesaling and assigning contracts. Listeners will remember Todd from episode 111, in which he discussed how investors can get into real estate with limited cash. Todd is an investing mentor. He is the founder of IBuyHomes and an active wholesaler in Central Florida. As he shares in this episode of Landlord Tales, assigning contacts can quickly become a snowball effect and your control over a closing can disappear before you know it.

What to Know About Assigning Contracts

  • Understand contract assignment process before selling interest
  • Write your control over closing into the contract
  • Contract assignments do not show up under public records
    • A final sale price listed in public records will not record contract assignments
  • Make sure to notify title companies of contract assignments when recording a title claim, otherwise it will not be insured

Contact Todd

Ep. 121 Frank Hearne & Beverly Birkitt: Using Mitigation Banks for Wetland Development and Investment

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

mitigation banksFlorida has a high density of rivers, lakes, swamps and marshes that are generally protected from development.  This has led many investors to wonder how much land is actually available for development. What many investors may not be familiar with is the concept of mitigation banks. Mitigation banks allow for the development of wetland areas that ordinarily would not be usable for real estate development.

Florida environmental lawSo what exactly is a mitigation bank? How does it function and how can they serve investors and developers? Our guests this week are two experts in the field of environmental law and the designation and use of mitigation banks.

Listeners should remember Frank Hearne. Frank is a shareholder for Mechanik, Nuccio, Hearne & Wester, P.A. He was also one of Invest Florida’s first guests! His firm is one of the state leaders in environmental and land law. Beverly Birkitt, of Birkitt Environmental Services, Inc., has over 35 yrs. experience in the environmental field, with a focus on wetland litigation and litigation banking.

This episode, Frank and Beverly cover the ins-and-outs of using mitigation banks for wetland development and investment.

Mitigation Banks

  • Spec wetland approved for future mitigation
  • Allows for more usable property for development
  • Exchange wetland set for development with wetlands that will be improved upon to compensate
  • Must be in the same hydrological zone as wetland to be developed (water basin)
  • State sets basin boundaries

Developing Mitigation Banks

  • Wetland landowners can develop mitigation banks
  • 100-10,000 acres usually
  • Market demand in wetland area is critical
  • Polk County strong mitigation bank market
  • Mitigation banks must improve, not just preserve wetlands
  • Mitigation bank credits based on evaluation of improvement, not land size

Hot Mitigation Bank Markets

  • Tampa Bay Basin
    • In need of freshwater wetlands
  • Coastal areas
  • Orlando/I-4 corridor
  • Former agricultural lands

Risks for Mitigation Banks

  • Feasibility
    • land, permitting, construction, management
  • ROI tough to predict

Contact

  • If you have land that you believe is eligible for a mitigation bank, let Beverly know! Beverly can be contacted through her website: www.birkitt.com or by calling      (813) 259-1085
  • For mitigation bank questions and for more info on other types of mitigation banks, contact Frank by email at frank@floridalandlaw.com or call (813) 909-7400.

Investor/Developer Resources

 

 

 

 

 

Ep. 103 Reed Goossens: Talking Syndication of Multifamily Projects

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

syndication of multifamily projectsLet’s face it, every real estate investor just starting out dreams of landing the huge deals. The question remains though: how to make it to the institutional level?

The answer comes with syndication. Syndication expands the opportunity to make larger deals by leveraging capital from a group of investors.

For singlefamily and small, residential multifamily, the first syndication deal can seem like a large step. There are a lot of moving pieces to keep track of in a syndicated deal that may seem complex to investors used to self-financing.

Reed Goossens knows the power in syndication.

A native Australian, Reed moved to the U.S. after educating himself in real estate investing. As a foreign investor, Reed saw the potential for earning cash-flow in U.S. real estate markets and set about acquiring properties.

Initially investing in small duplexes in tertiary markets outside of New York City, Reed had been using his own capital to finance deals.

He realized the need to scale his real estate investment goals and set about transitioning from residential multifamily to commercial multifamily through syndication.

Reed founded RSN Property Group and has been investing in commercial multifamily properties through syndication since 2011.

In addition to expanding his asset portfolio and investor base, Reed also hosts a podcast to educate foreign investors in the U.S. real estate market

Syndicating Investment Deals

  • SEC has strict rules for syndication under Regulation D
    • Rule 506 (b)  – allows for unlimited accredited investors (earn +$200k/yr. or personal worth of +$1 million); up to 35 unaccredited investors (earn under $200k/yr.)
  • Surround yourself with credible investors; find a mentor
  • Have pitch deck to educate potential investors on deal specifics
  • Private Placement Memorandum (PPM) – after sourcing investors, a PPM is needed
    • Drafted by syndication attorney
    • Outlines how deal is being syndicated under a regulation (e.g. Rule 506)
    • Tailored to individual investments
  • Syndication Contracts
    • Typically, 30 days for due diligence; 45 for larger properties
    • 15 days for financing and 15 days for closing
  • Preferred Returns
    • Limited investors get “x” percent of 1st earnings, decided in contract
    • Future returns split between limited partners and general partners (syndicators)

Resources

Reed and RSN Property Group are always on the lookout for value-add investment deals. If you think you have a potential deal, contact Reed at reed@rsnpropertygroup.com.

Reed also hosts a podcast that educates foreign investors on U.S. investment real estate markets- Investing in the U.S.: An Aussie’s Guide to U.S. Real Estate

Like many beginner investors, Reed learned about creating financial independence and the power of passive cash-flow through Robert Kiyosaki’s Rich Dad Poor Dad.

Ep. 94 Shawn Yesner: 10 Important Items You Will Want to Know About Commercial Deals and Contracts

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

commercial real estate deals and contractsCommercial real estate investing is not the same thing as residential real estate investing. Just because both property types have four walls and a roof does not mean they have the same investment strategy. Commercial deals and contracts are subject to different regulations than residential properties. Residential real estate investors looking to invest in commercial real estate should be aware of the different facets of commercial deals and contracts.

Shawn Yesner, of Yesner Law Firm of Tampa, specializes in real estate law. After getting his start in real estate law representing lenders, Shawn began his own law firm in 2004 representing homeowners. Shawn has since expanded his firm to encompass all aspects of real estate law, representing property owners in a variety of legal processes. Shawn discusses some important points for investors to consider when completing commercial deals and contracts.

  • Contracts
    • Residential real estate uses one contract template – FARBAR (FL Assos. of Realtors + FL Bar Assos.)
    • Attorneys specialized in commercial real estate should draft commercial contracts
    • Only clauses that meet buyer/seller agreement should be introduced
  • Tenant Leases
    • Make sure tenants are current on lease payments
    • Track lease deposits
    • Keep leasing contracts in same format
  • Tax-Deferred Opportunities (1031 Exchange) 
    • Strict timelines and regulations to be aware of
    • Seek assistance from CPA or certified agent
    • Be able to prove constructive receipt of funds; don’t get stuck with tax liability
  • “As Is” Contracts
    • Seller should always disclose state of property
    • in FL, Johnson v Davis sets “as is” precedence: Seller must disclose anything material to purchase of property and/or anything that might not be found after a reasonable inspection
  • Assignments
    • Buyers may choose to assign ownership of property to LLC or other business name
    • Contracts should hold original buyers liable
  • Buy/Sell Authority
    • FL recently changed LLC laws
    • Sellers should be aware of who holds legal authority to make buying or selling descisions
    • Title companies can do bulk of research on this
  • Incomplete Agreements
    • A detailed contract should outline purchase agreements
    • Sellers should not leave any gray areas to argue incomplete agreements
  • Zoning
    • Make sure you know your property’s zoning authorizations
    • Zoning can be changed, but make sure your property can accommodate changes
  • Environmental Issues
    • May pose big concern for environmental properties
    • Owners may be responsible for environmental factors that occurred prior to purchase
    • Buyers should complete phase I assessments of properties for any red flags during due diligence process

To contact Shawn for any real estate law needs, visit his website!

Shawn also hosts a podcast covering many legal topics in real estate investing and ownership. Check out Yesner Law Podcast on iTunes, Stitcher or your favorite major podcast platform!

Ep. 71 Elise Batsel – 7 Things Landlords Should Know About Commercial Leases

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

11058_bioimageWhen transitioning from residential or simply starting your investment portfolio in commercial real estate, it is important to remember one thing: commercial leases are not the same as residential. Commercial leases are subjected to a much higher percentage of risk if not properly structured.

Elise Batsel has made it her business to ensure landlords are protected in any commercial lease issue from the ground up. As counsel with the Tampa firm Phelps Dunbar, LLP, Elise specializes in commercial real estate land-use and zoning. Elise represents developers and institutional lenders in acquisitions, dispositions, financing and transactions as well as all aspects of commercial leases. In this episode, Elise discusses seven hot-topics all landlords and owner/operators should know about commercial leases.

  1. Commercial vs. Residential Leases
    1. Commercial properties have different costs and expenses that can be transferred to tenants: common area maintenance expenses (CAMs)
    2. CAMs may include: utilities, landscaping, management fees and other costs associated with owning and operating commercial properties
  2. CAM and Triple Net Leases
    1. Triple Net Lease – For landlords and tenants who want stability; does not account for unanticipated expenses or for properties without a familiar investment history
    2. CAM lease – Serves as umbrella to protect landlord/owner from future costs and expenses incurred from property management; specifies expenses and tenant liabilities
  3. Tax Implications
    1. Though not frequently addressed in lease, tax implications are a major tenant-landlord discussion that could be beneficial for both parties
    2. Leases can stipulate landlord ownership over tenant-improvements with proper recompense for tenant
  4. Americans With Disabilities Act (ADA)
    1. Commercial real estate considered public accommodations and subject to more ADA compliance regulations
    2. Represents huge liability for landlords not in compliance
  5. Sub-letting and Tenant-Assigned Leases
    1. Landlords can address sub-leasing and assigning terms in commercial leases
    2. Landlords entitled to portion of income from tenant leases
  6. D-I-Y Leases
    1. Do not attempt to draft generic commercial leases if self-managing property
    2. There are many changing facets to follow when drafting commercial leases
    3. If drafting your own lease, have attorney or specialist review
  7. Protection Against Bad Tenants
    1. Always ensure strong deposit from tenant
    2. Small-Claims Court
    3. Write effective demand letter to tenant

For any commercial lease, zoning or land-use issues and questions, Elise can be contacted by phone at 813-472-7564 or through email at elise.batsel@phelps.com

For even more information on commercial leases as well as landlord and tenant relationships, Elise suggests the following articles: Tenant’s Checklist of Silent Lease Issues  and Model Landlord’s Checklist of Silent Lease Issues – S.H. Spencer Compton, Esq. & Joshua Stein, Esq.

 

 

 

Ep. 54 Rob Gidel – Tips on How to Help Prevent an Attorney from Killing Your Real Estate Deal

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

651Enlisting the counsel of an attorney is a necessary part of any real estate deal. Whether for general investment oversight or to oversee specific terms of the deal, an understanding of the integral legal stipulations is essential to any real estate deal. An attorney’s involvement has a tremendous influence on the outcome of any real estate deal. Often, the counsel provided by attorneys has the power to sway a deal towards a negative or positive outcome for all parties involved. An overly aggressive attorney or one not specialized in real estate law has the potential to ruin good deals. For novice and beginner investors especially, it can be intimidating to negotiate with attorneys in a real estate deal. Investors and attorneys need to enter into a real estate deal with an open, cooperative attitude to ensure a successful transaction for all parties.

Robert Gidel, Jr. is a real estate attorney with just this mindset. He believes that an attorney should serve as an adviser to their client and not commandeer the transaction. Robert knows that communication is the key to a successful real estate transaction. This episode, Robert shares tips to help investors, sellers, brokers and attorneys get the best out of a real estate deal.

  • Effective Communication
    • Prevents extraneous fees, missed deadlines, cancelled deals
    • All parties should remain open and up-front
  • Possible Risk vs. Plausible Risk
    • Attorneys often draft generic risk-assessments on properties. Investors should know how to identify plausible problems apart from possible problems
    • Have real estate brokers involved in risk-assessment discussions
    • Allow attorney to understand specific intentions for investment
  • Attorneys in Negotiations
    • Several approaches: collaborative, adversarial and competitive
    • Collaborative is most effective in terms of cost and time
    • Attorneys should approach negotiations from a holistic perspective; they should represent their client but understand other party’s perspective
  • Extent of Attorney Engagement
    • Always outline attorney’s involvement with deal explicitly with Engagement Letters
  • Tips
    • Always retain attorneys specialized in certain aspects of real estate transactions. Ill-prepared or under-certified attorneys may delay or prevent deals
    • Clients should have attorneys provide up-front estimates for fees based off past experiences

To find out more about Robert and the services his firm, Gardner Brewer Martinez-Monfort offers, visit the company website