Having said that, we believe the following questions deserve to be asked (and the answers form part of your decision making) regarding any TIC investment property: 1.
Does the sponsor (and/or its
principals) have a track record
in TICs (how many TICs have
they done) or at least a track
record in commercial real estate?
2. Does the sponsor have
an organization, staff and infrastructure
to properly close the transaction
(if not already owned by the
sponsor) and manage the TIC?
3. What kind of property
is the TIC (retail, office,
residential, industrial/warehouse,
and is it located in a primary,
secondary or tertiary market,
etc.)?
4. What are the demographics
of the area in which the property
is located (population growth
in the area where the property
is located), declining or improving
area where the property is located,
competition, surrounding rent
rates, etc.) of the area in
which the property is located,
and is the market area a primary,
secondary, tertiary, etc?
5. Does the sponsor already
own the property, or will it
close on the property with the
TIC investors’ funds.
6. What is the closing date
(if not already owned by the
sponsor) and what is the sponsor’s
ability to close if the offering
is not fully subscribed (remember,
if you are a 1031 Exchanger,
you must identify within 45
days, you can’t change or add
to your identification list
after the 45th day, the best
identification is to actually
close on your replacement within
the 45 days, etc.)?
7. What is the total “equity
raise”, how much of the offering
has already been bought by investors,
how much is left and how long
has the offering been on the
market?
8. What is the purchase cap
rate and what is the cap rate
for sale of TICs to the investors
(“loaded cap rate”)?
9. What is the projected
exit cap rate (when the property
is resold) and is it larger
or smaller than the purchase
cap rate and the loaded cap
rate and, if smaller, why does
the sponsor believe the property
can be sold at a cap rate lower
than the other “going in” cap
rates and, if so, why?
10. What is the “load” (percentage
and dollar amount) the sponsor
is placing on the property (in
other words, how much is the
sponsor marking up the property
for resale to the investors),
and what is the sponsor’s purchase
price and the total sale price
to the investors?
11. Does the sponsor have
an appraisal for the property,
and is it higher or lower than
the sponsor’s purchase price
and the total sale price to
the investors?
12. What is the TIC purchase
minimum (some are below $200,000
and range up to over $1 million)?
13. Why did the sponsor choose
the property out of the hundreds
most sponsors look at before
making a decision to buy?
14. Are there any major tenant
lease expirations or exits during
the projected holding period
and, if so, what reserves are
being set up for down time and
new tenant improvements?
15. What is the “play” (in
other words, is the property
a one credit tenant occupied
triple net property with a long
term lease thereby providing
a stable return to investors,
is it in an improving area where
the sponsor thinks values are
increasing, is there some vacancy
the sponsor thinks he can fill
and thereby increase returns,
etc.—what was the strategy)?
16. Why did the seller sell
the property?
17. When was the property
built and, if applicable, when
was it renovated, and is there
any deferred maintenance (roof
condition, paint, HVAC, parking
lot, etc.)
18. What is the amount of
mortgage being placed on the
property by the sponsor (loan
to value ratio or LTV), and
what is the interest rate, and
is it fixed or variable?
19. Is the mortgage interest
only for a period of time and,
if so, how long? The longer
it is interest only, the longer
before the mortgage will begin
reducing and equity will begin
to grow, and when does it mature,
etc. (and is there a refinancing
anticipated during the holding
period before resale)?
20. Is the property located
in a high or low income tax
state? What is the total cost
of annual upkeep (franchise
fees, etc.) for the investor’s
TIC LLC (to what states will
such annual fees need to be
paid, and how much to each state)?
21. Is the property residential
(greater depreciation deductions)
such as apartments or non-residential
like office, retail and warehouse/industrial?
Has there been a cost segregation
report so that there will be
component depreciation thereby
increasing write-offs. Is there
a ground lease that would, therefore,
make more of the property purchased
depreciable? What percentage
of the total purchase price
has been allocated to improvements
that can be depreciated?
22. What is the exit (resale)
strategy, which normally is
between five and seven years,
but can go out ten years and
what is the projected cap rate
at exit that will ensure that
the TIC investors will receive
back all of the money they invested
(compare to sponsor’s purchase
cap rate and the “all in” cap
rate the TICs pay)?
23. Do the pro-forma projections
for operation (income and expense)
make sense (look out for overly
rosy occupancy and rent increase
projections, declining costs
projections, etc., but these
things can differ depending
upon the “play”, etc.)?
24. How do rents compare
with similar properties in the
area (market rent) and how does
vacancy compare with similar
properties in the area (market
vacancy)?
25. What kind of tax opinion
supports the TIC and the expected
tax result (it is in the PPM,
and should be a so called “should
opinion” from a major lawfirm)?
26. What are the closing
costs (almost all TICs have
closing costs, and some are
more than others—they usually
run from zero to $5,000), and
what is the annual TIC LLC maintenance/registered
agent fee?
27. Is there a master lease
(sponsor, or an entity formed
by the sponsor, leases the property
from the TICs and then subleases
to the tenants) or is there
a management agreement, but
the TICs are landlords to the
tenants of the property? If
a master lease, how is the master
lease performance guaranteed?
28. What is the operational
stage management fee, and any
other fees charged during the
operational stage (between purchase
and resale), and is it broken
down between management fee
and asset management fee, and
is any of it performance based
(a bonus)?
29. What is the “back end”
fee or broker commission, etc.
that the sponsor will receive
on resale of the property (varies
from around 2% to around 6%,
generally the lower the better)?
30. Is there a repurchase
option (repurchase options may
allow the sponsor to “have his
cake and eat it too” by selling
to TICs now, but calling the
property back at some later
date based on a variety of formulas)?
31. What is the cash-on-cash
projected return for the property
for each year during the projected
holding period before the sponsor’s
business plan projects that
the property will be resold?
Are these realistic assumptions
based upon rent growth, operating
expense increases, etc. (aggressive
or conservative)?
32. Price per square foot?
Is it competitive with comparable
sales of similar properties,
is it under market, etc.?
33. Credit tenants or less
than credit tenants, percentage
of each, etc. (quality of tenants
overall)?
34. Occupancy level (and
economic occupancy, if different)?
35. Is property considered
“Class A”, “Class B” or “Class
C”?
36. Special Tenant Information
(early termination clauses,
flat leases, etc.)?
37. Does the sponsor intend
to continue to own any percentage
of the property and, if so,
how much?
38. Are there reserves established
for the property, and are they
established from mortgage loan
proceeds, TIC investor funds
or operations?
39. For the last up to five
TIC transactions of this sponsor,
has there been any investor
dissatisfaction (return was
not what was promised, communication
issues, etc.)
40. Does the mortgage loan
have any recourse carve-outs
applicable to the TIC investors?
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