The Challenges Associated with Commercial Real Estate Development Investing.

This guest post about CRE development investing opportunities specifically in the Dallas market is written by our buddies at Sapient Funding LLC CRE Investing. Take it away guys. As with any real estate investment, CRE properties have some issues along with the upsides. While CRE properties have the potential for big sales and profits, they also represent an increased financial risk for the owners. Understanding this is important.


POTENTIAL RISKS OF CRE INVESTMENTS IN DALLAS FORT WORTH:

• Noticeable Financial Investment. Commercial real estate investing in Dallas equals more capital upfront than residential properties. Just a fact and always will be.
• Rules and Regulations Should Be Considered. Now let's look at rules and regulations. CRE investment is relegated to increased USG oversight, payment considerations, and difficult regulations for property owners. Working with an experienced broker and property management company can help you navigate these legal considerations.
• Longer Vacancy Times. While tenants tend to reside in a commercial property longer than residential tenants, it can take longer to find a new tenant. That is, if a commercial tenant leaves, your property could sit empty for months or even years.
• High Renovation Costs. Remodeling a commercial property is difficult. Commercial painting, for example, can cost quite a bit more than a residential painting project.

Tips for New CRE Investors: How to Invest in Commercial Real Estate Before you buy a commercial property, it’s important to do your research and consider all the potential challenges.

1. SECURE FINANCING - First and foremost, make sure you’re secure with resources before you invest in commercial real estate. Most CRE types require significant financial investment, so you must have funding secured in advance. It’s useful to get a loan for a commercial property. But these loans typically require large down payments and shorter repayment setups than a home mortgage.
There are ways to invest in real estate without having to be the only buyer. Options like real estate investment trusts (REITs), some partnerships, and crowdsourcing platforms allow entrepreneurs to invest in commercial real estate with limited money. However, before you follow any of these options, be sure to do your research and make sure it’s a legitimate deal.
2. DO YOUR DUE DILIGENCE - Just as with all real estate purchases, when you buy a commercial property, it’s your responsibility to ensure that property is a good investment. “Due diligence” includes three main aspects: physical inspection, financial review, and legal inquiries.

• Physical Inspection
  Inspect the building for any evidence of damage. During this procedure, you’ll be able to view what renovations, repairs, if any, and upgrades need to be made before renting the location. Use these findings to determine whether the building is worth the time and effort, considering all the renovation and repair costs.
• Income Review
  During this part of the buying process, you’ll want to hire an experienced real estate accountant with CRE investment experience. This professional can evaluate a property’s past returns, the potential for future profit, and the tax benefits for owning the property. Make sure the property will be a financial asset and not a liability.
• Legal Asks
  Legal asks should be conducted by a real estate attorney or reputable title company. During this process, your representative will ensure the title is up to date and useful. Your representative will also ensure there aren’t any liens against the property, and that there aren’t any special use cases or ordeals that might hold up the sale.

3. KNOW HOW TO PROTECT YOURSELF AND YOUR ASSETS For commercial real estate property owners – particularly those new to the CRE investment world– it’s crucial to protect not only your assets but all of your financial and physical holdings. Unfortunately, CRE investors are at an increased risk of lawsuits due to the public nature of CRE. 
4. FOCUS ON ONE CRE TYPE AT A TIME - It’s tempting to get roped into assets from multiple CRE categories at one time. But the best way to become an expert is to stick to one type of CRE. As a novice CRE investor, you’ll want to master one type of CRE investment opportunity before moving on to the others. Think about your interests, your goals, and the local market, and choose the investment type that best suits you and your portfolio.
Learning how to invest in commercial real estate takes time and experience. You won’t get wealthy in a day; investing takes time, patience, and practice.
5. KNOW THE MARKET CONDITIONS - Before you invest, do your due diligence. Most markets have plenty of data revealing vacancy rates, average rental costs, lengths of a contract, and many other considerations. If you can’t find this data on your own, contact a reputable broker who can help you identify properties that will be the most profitable.
Also, look into the local economy and job market in your central area. Where is the main and significant growth? Is industry ramping up this season or cooling down? Are retail jobs hot? Is there a new business coming to town? Does your area need more multifamily housing units? By researching the economic trends, you can make smart decisions that will show substantial returns down the line.
6. HAVE A PLAN FOR LEASING AND PROPERTY MANAGEMENT - At Sapient, we manage your investment property developments from start to finish.
While some investors make CRE opportunity investing and management a full-time job, new investors are probably years away from quitting their usual gig. Thus, you’ll have to hire someone to help you find high-quality tenants, get them into your property quickly, and keep them there long-term.
At Sapient, we manage your investment properties from start to finish. We will help you identify available listings and navigate the purchasing process. But our expert property management team will also handle tenant applications, leasing terms, and long-term property management.
We work hard to keep your tenants satisfied. And by doing so, we keep your investment performing at its best. Protect your investments by partnering with a professional property management company that always puts your investments and your tenant’s satisfaction first.
7. BE PATIENT ABOVE ALL ELSE - As previously mentioned, keeping your cool is critical when learning how to buy in commercial real estate. Just about every step of commercial real estate takes longer than residential housing. It will take even longer to identify a good property. You’ll also wait longer for inspections, lender bills, and other due diligence. 
Moreover, when your tenant leaves, it could take months, or even years, to find a new tenant or sell your property. Therefore, having an abundance of patience – along with a healthy stock of cash – will increase your chances of success.

We were recently made aware of a controversial new hangover cure that has been relaunched in Texas for 2021. 

The product, which can be bought at the above link (we are not an affiliate), uses all natural ingredients and can apparently help drinkers after a night of, well, drinking. The problem is that the FDA doesn't really like companies using the term "cure" so liberally. And that's understandable. For years and decades, hucksters have paraded around a wide variety of cures for everything from diabetes to hypertension. So why is a hangover different? Well, it's probably not. Hangover cures are coming under increased regulatory scrutiny because the FDA is now treating a hangover like a disease. Thus, products marketed to help hangovers need to tread lightly in their marketing. The above example, THC The Hangover Cure, doesn't seem to care and skirts this line. The FDA will likely intervene at some point but until then these type of products will continue to be produced unabated. It will make for a very interesting next few years as the dietary supplement industry is still very much the wild west.

Per the good business attorneys at Vela Wood's blog,

Our experience includes initial eligibility and progress-toward-degree waivers, two- and four-year transfer cases, legislative relief waivers, navigating amateurism issues, eligibility extensions, drug-testing appeals, international student-athlete eligibility issues, and student-athlete reinstatement. Collaborating with our team when encountering these types of issues will ensure you receive a fair and complete opportunity to present your case.

Scholarship Cancellation or Reductions: NCAA Bylaw 15 permits NCAA member institutions to reduce or cancel athletics aid in limited circumstances. When this occurs, athletes are afforded specific procedural rights and the opportunity for a hearing. If your institution has reduced or cancelled your athletics aid, we can help review the circumstances of your case and represent you during the appeals process.

Transfer Cases: When making a decision to transfer, the legislation of your institution’s national governing body and its conference are often in play. We are experienced working with athletes looking to transfer as both 2-4 qualifier and non-qualifiers, 4-4 transfers, 4-2-4 transfers, and graduate transfers. This experience allows us to help you navigate available options, the transfer portal, run-off legislation, and potential academic issues relating to your decision to transfer.

Legislative Relief Waivers: The legislative relief process was created to provide flexibility in the NCAA’s application of legislation in extraordinary circumstances. We can assist your athletics compliance office to ensure the appropriate amount of time and resources are dedicated to expedite this process and put you back on the field of play as quickly as possible.

Initial Eligibility Waivers: NCAA Bylaw 14.3 establishes a minimum level of academic achievement for athletes to receive athletics aid, practice, and compete during his or her first year of full-time enrollment. However, various circumstances exist where the NCAA will grant an initial eligibility waiver when academic deficiencies are present. We can review your postsecondary transcripts and test scores along with relevant mitigating factors and help your institution file an initial eligibility waiver on your behalf or request reconsideration or file an appeal of an initial eligibility decision.

Read more about college sports compliance lawyers and how they work within NCAA scholarship framework. This great article provides in depth coverage.

Suits, Boston Legal, The Practice, Law and Order, Perry Mason, Better Call Saul and Blue Bloods all made the ranks. Check it out below:

Best legal TV shows ever>>

R. Kelly is back doing R. Kelly things and his lawyers don't know what to do.

Story continues here>>

Here are some responses we've received in a recent questionnaire for small business owners in Texas. Over 400 small businesses participated in our yearly survey:

"Setting up a trademark." -DK Electricians
"While not, business-related, we needed help with a will." -Cates Quick Moving, LLC
"Moving to a new physical location." -J & J Sod Grass Company
"Advice with adding a partner." -Fiberglass Pool Repair Maids


Other common answers included "adding a partner" and "setting up an S-Corp". These are typically the same results we've seen in the past when polling companies in the Dallas area. We will be expanding our questionnaire nation-wide in 2020.

You get home from an interview and suddenly start wondering whether it was right that the interviewer asked you about your plans to raise a family. Or perhaps you've been working in a company for some time and someone you believe is less qualified than you has just been promoted above. 

Maybe your boss has been taunting me with remarks think are inappropriate for the workplace. If you find yourself with questions about your rights at work, it may be time to learn more about employment and overtime law.

Employers have a lot of we way to hire, promote, and fire employees. But the employment relationship is not completely one-sided. As an employee, you have rights, too, and this is especially true when it comes to overtime hours.

Employment law changes rapidly. Variations in state law can drastically affect your legal rights and how you can enforce. It is important that the lawyer you hire has experience in the situation you face and is knowledgeable about the current state of the law.

Many lawyers will take cases on a contingency basis, meaning you only pay if you win, in the fee comes out of the award to recover. This is usually around 30 to 40% of the total. If you are hiring a lawyer for a specific transactions like negotiating in employment or severance agreement, you need to find out what the lawyer charges.

When your case involves a problem network like overtime hours, you may be uncomfortable handling calls with your lawyer from the office. You need to know if and when your employment lawyer can be contacted after business hours.

Employment law also covers your rights when trying to get a job. Four instance, there are certain types of interview questions that are considered off limits for employers questioning job candidates. Generally, these include questions about your marital status, age, religion, race, medical history, and so on.

If you are asked a question about any of these topics, you have a right not to answer in your failure to answer should not affect your chance of getting the job.

A noncompete agreement essentially restricts your ability to seek certain type of employment for a defined period (often a year or two, but this varies) if employment with your current company ends. This is usually put into place to prevent trade secrets from getting into the hands of competing companies.

As an example, if you are a developer for a mobile app that relates to the restaurant industry, your employer may ask that you don't go and work for a competing app company targeting restaurants. These agreements are not always enforceable and are even illegal in some states.

However, when enforceable, they must be reasonable in length and scope. A non-compete contract that states, for example, that you can never work for another app company anywhere in the United States for the rest of your life would be ridiculous. Again, the accepted length of time on such agreements is usually a year or two.

If you feel uncomfortable signing such a form, or if the verbiage jumps out at you as being unreasonable, contact a local attorney today and have them review the contract. It's always best to be safe than sorry.

If I have a lemon law complaint that I handle on my own, why should I get a lawyer involved?

This depends on where you live, which manufacturer you're dealing with, and whether your dealership is helpful.

Lawyers with experience in this area will know the ins and outs of dealing with different car makers. In some states, your attorney's fees will be paid for your if you win. Whatever you do, save all your records and your receipts, because the burden will be on you to prove that you made the proper attempts to have the car repair and that you complied with all relevant time limits.

Also, if you car has a condition that deprives you of some important aspect of its use, value or your safety, then you might have a claim. Often, if you have made four or more repair attempts on the same part without any luck, you'll qualify in most cases.

If you're using a product and that product injures you, you might wonder if the product is defective. The company that manufactured, sold, or distributed it may be responsible. Holding the manufacturer responsible for defective products is what product liability law is all about.

Consider the following:

• Are the injuries suffered severe enough to warrant a lawsuit?
• Was the product being used in accordance to manufacturer's instructions?
• Did the manufacturer issue a product recall?
• If a suit is worth bringing, who should be sued? The vendor, manufacturer, distributor, etc?

Many of these questions involve the burden of proof. Because these cases are often against big corporations who will likely retain top legal talent to defense such lawsuits, product liability cases are very complex.