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Lesson 7

Highest And Best Use

In this lesson, you will learn:

  • To profit from highest and best use.
  • How to identify extra value opportunities.
  • The basics of condo conversion.
  • How to profit from poor management.
  • Which renovations are worth the investment.
   One of America's greatest real estate men was William Zeckendorf. He made tens of millions of dollars during the forties, fifties and sixties, when millions really were millions. He lived and worked in New York City, where he was a notoriously flamboyant character. His trademark was to be driven in the biggest limousine and to smoke the biggest cigars of anyone in the city. For a few decades, he succeeded.

   Though our goals are more modest, Zeckendorf has a lot to teach us. He was a real estate genius. Zeckendorf was a visionary and an opportunist. Here was his genius:

He looked at real estate not as it was,
but as it SHOULD be.


   He would see a ten-story apartment building and think that there should be a new thirty-story apartment building in its place. He would see a thirty-story apartment building and think that there should be a thirty-five-story office building. He rebuilt New York City. He rebuilt Washington, D.C. He rebuilt Montreal. He was a big thinker. He saw himself as a modern day Rip Van Winkle. He would think, "Ok, if I went to sleep for the next ten years and woke up, what would I see?". Then he knew that every change he saw was a profitable real estate opportunity. The technical real estate term for being Rip van Winkle is highest and best use. Is the current use of the property the highest and best use of the property? If something else would be better, will the governing bodies allow me to make the change? You need contacts in politics and government. You need the right attorneys and architects. But, most of all, you need the vision and the ambition to pick up the phone and to start to make things happen.

   Master's Tip: You can achieve everything needed in your investing career without being a wheeler-dealer who is looking for extraordinary opportunities. You can buy your six properties at the asking prices. You can quietly manage your investments. You can retire rich in twenty years. There is nothing wrong with this approach. This is a good, safe way to proceed and you will prosper. But, if you do make real estate investing a part-time job to which you are willing to invest ten or twenty hours per week, you will start to see tempting opportunities. And, creating deals and converting and building and developing can be interesting and fun. Even if you only have the time to initiate the deals, you surely can find partners to see the projects developed. Just being the idea person can be very profitable.


   Think of yourself as a Zeckendorf in your investment area. You be the modern day Rip van Winkle. You be Donald Trump. Think about the possible development opportunities around you.

   Should the Dairy Queen be knocked down to make way for a McDonalds?
   Would Burger King move near the McDonalds?
   Should the old service station be turned into a small shopping center?
   Can the old factory be converted into a nursing home?
   Is the Kmart ready to go out of business?
   Can we build forty houses on that farmland?
   Would Holiday Inn be interested in the old Shady Pines Motel?
   Does the Dunkin Donuts want to expand?
   Does the bank need a drive through?
   Would the old movie theater make a nice weekend flea market?

   Master's Tip: Again, never forget that your edge is your research knowledge. What is a two-family house worth on the South Side? What is a four-family house with eight garages worth on the North Side? What is a five-bedroom mansion on Main Street worth? You must be an expert at valuation and this takes work. Then, you can proceed. And, markets evolve, so you must keep your research up to date.

   Every great enterprise begins with one person's idea.

   Almost every business transaction involves real estate. Smart real estate investors anticipate change and put themselves in the middle. What franchises are missing from your area? What businesses have passed their prime? In the opening and the closing of businesses, there are potential real estate profits.

   What information can you learn from the articles and ads in your local newspaper?
   What are people talking about?
   What is the condition of local buildings telling you?
   Where is the path of development in your area?
   Are there any vacant buildings? What's being done with them?
   What is the state of the local economy? People moving in or out?
   Where is infrastructure (highways, roads, bridges) being added?
   Get in the middle of the action.

How To Determine Highest And Best Use

   "I just converted one of my buildings to condos and made a fortune!"

   "My warehouse space is being snapped up for artists' lofts at twice the rent!"

   "I'm going to sell, and lease back the land under my apartment building."

   There are always enough new ideas around to make the real estate investment business exciting - and to make a change of use tempting and potentially profitable. When is a change in the use or operation of a property warranted? When it will bring the property closer to the ideal of value: highest and best use.

   We define the concept of highest and best use as that use of the property that will yield the greatest economic return over a given period of time. Determination of highest and best use requires a continuing reevaluation of your needs, the property's potential, and other outside influences. You must ask the following questions before making any major changes:

   What are my financial objectives regarding this property?

   What are my realistic options for the property?

   What outside influences may affect the use of the property?

   Let's examine these questions and list specific actions that may help us to reach the proper conclusion.

   What are my financial objectives regarding this property? You should consider only those changes that fit their financial plans. For instance, a small addition to net income may not justify a change requiring greater risk or a longer time commitment. Highest and best use is an opinion of value. The advice of friends and experts may differ. But it's your investment, therefore, yours is the only opinion that matters. From your personal financial viewpoint, you say either, I'm satisfied with the property as is, or I want the property to do more for me.

   Here's how to determine which changes are in your best interest:

   Conduct an annual review of your investment goals and objectives.
   Conduct an annual review of your net worth and cash flow.
   Arrange for Nardo or your Mastermind Alliance or your mentors to review your entire investment portfolio each year.
   Arrange for a tax consultant to review your entire investment portfolio each year.

   What are my realistic options for this property? You should keep abreast of new ideas and trends in the business. Here are some of the options you might consider:

   Converting to condominiums.
   Converting to cooperatives.
   Leasing the land under your buildings to low-risk investors.
   Developing a time-share program.
   Installing energy-saving devices, or separating utilities.
   Rehabilitating or upgrading to improve gross income.
   Refinancing to gain tax-free capital for further investment.
   Improving your maintenance scheduling to reduce expenses and add to net income.

   You can evaluate these options on a specific property by researching new ideas and strategies in newsletters, trade publications, books and on the Internet; and by discussing the specific options with your Mastermind Alliance.

   This lesson should be called The Grandmaster Real Estate Course. It is all the opportunities that are going to separate you from any competition. You see a two-family and everyone else sees a two-family house. But, you envision expanding or developing that two-family house into a four-family or six-family house. Now, you could be talking real, real, real, real money.

   Master's Tip: As we talk about highest and best use, you must consider that the present use of the property may be the best use. Even if there is a better use, you can still decide that making a change is not in your personal interest.


   Let's say you buy a two-family house on a large lot for $200,000. You get approvals to knock it down and you have a modular sixplex erected on the site. You spend lots of money on amenities and landscaping and you condo the sixplex. Let's work the deal through in our minds.

   You buy a two-family for $200k.
   You put $100k into plans, approvals, demolition and site work.
   It costs $400k to build the sixplex.
   You sell the units for $200k each.
   You pay the real estate agent and how much "K" is left for you?

Will all the people who say it can't be done please
get out of the way of the man who is doing it!
AND
The harder I work, the luckier I get.

   This is not a Disney fantasy. This is a story that plays out day after day, but for whom? You've got to believe. You've got to know the market. You've got to be a person of action who sees what others don't see. This is simply you putting all of your research work into play. How do rich people get rich? Well, this is one way. Remember these old sayings:

Large Lot

   Every city and town has zoning rules. Usually these rules specify how much land is required per building unit. Let's say in your town, it's 4,000 square feet per unit. You look at a two-family house on a 13,000 square foot lot. You automatically think expansion. You can add a third unit.

   How much more is a three-family house worth than a two-family?
   What would your conversion costs be?
   What would your profit be?

Kurt Vonnegut

   Of course, zoning laws can be appealed to the Board of Appeals. Is there an affordable housing shortage in your investment area? Maybe the Board of Appeals would approve a four-unit or a six-unit building on the site. Maybe, they would approve eight units or ten units if you agreed to make two or three units affordable.

   Do you know any board members?
   Can you hire a local attorney who specializes in zoning matters?

   If the property is a small two-family house, does the land area and location justify your knocking the building down and putting up a new pre-fab duplex? Could you then condo the two duplex units?

   Master's Tip: If you read it a hundred times in this course, it isn't enough. Most people are doing nothing! Keep thinking. Keep researching. Keep looking for creative ways to make money. Be a person of action and succeed.

   What if the zoning is for 4,000 square feet and you have 10,000 square feet? You have an extra 2,000 square feet. The Board of Appeals turns you down for more units. Can you put garages up for added income? Can you sell the extra 2,000 square feet to an abutter? You may not want to do any of these things, but you want to consider all your options.

Large Houses

   In many areas, older homeowners who are empty nesters are stuck living in large houses. Zoning permitted, these houses often-present excellent conversion opportunities. Can you buy a large house and convert it into apartments or condominiums? Again, it is the zoning and the Board of Appeals and the sentiment of the community.

   Remember when you convert units and build and rehab, you are adding to the housing stock and to the tax rolls of your local government. You are providing a valuable community service. And, if you are borrowing rehab funds and hiring local contractors, you are supporting your community. Every city and town needs people like you willing to make improvement investments in the future.

   Many large houses are on large lots. Maybe the lot is worth more than the house. Maybe you'd make a lot of money by knocking down the large house and building two or three houses in its place. What would the town officials say? Pose the question. Learn. Then, when and if an opportunity presents itself, you'll be ready to act.

Emerson

Zoning

   Every time you see a property that is wrong for the zoning, you are seeing either an opportunity or a potential problem.

   A single-family house in a commercial district may be an opportunity to convert for retail or office use. Maybe the house can be used for commercial and residential purposes. This type of property can be very desirable for work-at-home people.

   A single-family house in an industrial district may have significantly less appeal and value. Unless, of course, you can knock the house down and use the land as an approved toxic waste disposal site, then it would be worth a lot. I am kidding, but it's true.

Convert to Condos

   In your researching of values, you will learn condo values. You must compare these condo values to comparable apartments. For example, the average two-bedroom, one bath condo might be $150,000 and a two-family house with two comparable units sells for $200,000. The profit would come from buying the two-family house and converting the two apartments into two condominium units.

   Every multi-family you buy, you think, "Does this property have condo conversion potential? Are the parts worth more than the whole?"

Condo Conversion

   Before you decide whether to convert or to retain a building for rental purposes, you should consider these points:

  • Suitability of the property for conversion.
  • Your financial position and objectives.
  • Prevailing and future economic conditions.
   Let's focus on each of these considerations.

Suitability of the property for conversion

   A property that's a prime conversion candidate will run a fairly straight line down the yes column of the following checklist. Some investors would argue that yes answers to these questions could also support a decision not to convert. That's because the best properties for conversion are usually also the best properties for rental. Those investors would question the rationale of tampering with a successful existing venture. They might invoke the logic of the Peter Principle, which translates to: Just because you're successful in one area of real estate investing - buying and managing apartment buildings - doesn't necessarily mean you're going to be successful in another area - converting and selling condominiums.

Quick Quiz For Suitability

1.Will 30 percent or more of the present tenants purchase?
2.Is the property located in a low-vacancy area?
3.Is the property located in an area that lends itself to individual ownership?
4.Is there high migration into the area?
5.Are the existing units of adequate size and equipped with sufficient amenities to warrant individual ownership?
6.Is the property located within a reasonable distance of the probable market?
7.Can the units be absorbed into the market in a reasonable time?
8.Can the units be priced competitively?
9.Will the unit prices be competitive with the going prices of single-family houses in the area?
10.Will the condominium offer a better value to the purchaser than a rental unit would?
11.Is there a limited supply of new houses and condos on the market?
12.Are resales in the area selling at top prices and moving quickly?
13.Will at least 50 percent of the leases expire within six months?
14.Is the property convenient to transportation?
15.Do local and state laws support conversion?
16.Is the property located near employment and shopping areas?
17.Is there community support for conversion?
18.Is the cost of construction of new homes and condominiums in the area high?
19.Is interim financing available?
20.Are end loans for buyers available at competitive rates?
How to plan and execute a condominium conversion

   The mechanics of converting apartment units to condominiums have become quite standardized, but still require the professional assistance of an experienced investment team to address such facets of the conversion as:

   Comparing current local market conditions for condominium sales, condominium rentals and apartment rentals.

   Determining the total legal, engineering, financing, reconstruction, marketing and potential profits of the conversion.

   Assessing the suitability of your building's floor plan for conversion.

   Setting the time factor of the conversion and possible loss of rental income during the interval.

   Retaining and coordinating qualified support personnel needed for the conversion: attorney, accountant, architect, engineer, contractor, etc.

   Locating optimum financing for the project: rehab and bridge loans for you and end-loans for your unit buyers.

   Ensuring that the conversion conforms to all applicable state and/or local laws, rules or regulations concerning condominium conversion.

   Designing and implementing a marketing package for the property to appeal to existing tenants, new buyers/occupants and most particularly to investors.

Expanding the Condominium Concept

   You purchase an apartment building for conversion to condominiums. It's a nice, simple, clean-cut transaction. You sell the individual units. But, are there other options? You could sell the units, sell enclosed garage space, sell outside parking spaces, sell mini-warehouse bins in the basement, sell workshop space in the basement and sell cabanas by the pool. You could sell the land under the building using a ground sale-leaseback. By expanding the condominium concept, you could turn one condominium project into six plus condominium projects. Whether the end result of all this dicing is justifiable is what real estate research, analysis, and projection are all about. But, wouldn't you agree that it's this kind of creative "what if" thinking that has always formed the basis for real estate fortune?

   Expand some more. Think about retail store condos, office space condos, professional space condos, airport hangar condos, motel room condos, hotel room condos, mini-warehouse condos, stadium box condos, safety deposit box condos, campground condos, trailer park condos....

Handyman's special

   Handyman's specials are properties that seem like good buying opportunities because they need work. They may be, but tread with care. If the work needed is more than cosmetic, these properties are best left to skilled contractors. You cannot hang sheetrock after one class at Home Depot. You cannot build a deck after watching Home and Garden TV. You cannot replace a bathroom after reading a Time Life book. And, hiring trades people to work for you can get very expensive very quickly. Before you undertake a handyman's project, rent the movie Money Pit. Will it cost twice as much and take twice as long? Probably.

Seneca2.gif

   This does not mean that you can't clean, paint and paper to your heart's content. Yes, you should mow and rake the lawn and trim the hedges. The more that you can do without hammer and nails, the better. The more that you can do with just your negotiating skills, the better.

   Real estate investing is a thinking person's art. If you advertise a property as a handyman's special, you will probably have a long line of bargain hunters at your door looking for a good deal and bidding the property way beyond the range of profitability. For each deal, you have to know your numbers. It costs the same amount to update a kitchen in a wealthy area as in a poor area, yet the return in the wealthy area may be significantly higher. If you are converting apartments to condos or adding additional units and you estimate the potential profit to be one hundred thousand dollars, this is a good construction project. If you are buying a house to resell at a profit and you don't personally like the kitchen, who cares? Every investment doesn't have to be your dream home. You aren't going to live in the house with the bad kitchen. Let the owner who will live in the house design the new kitchen. Resell the house with the potential for improvement.

What Renters Want - A Guide For Renovators

   Investors in rental apartment properties have one thing in common - they are always seeking ways to add the most rental value to each unit at the lowest possible cost. Smart investors can make $1000 worth of improvements pay off in one year; others can spend the same amount and wait five years for it to pay off. And the losers can spend money and actually decrease the appeal of the unit...and the rental value.

   Before you consider any renovation expense, take a look at what renters are looking for. Most people would say - more space for less rent. Wrong. On a list of most important factors, the amount of space ranks 16th among a list of tenant priorities. What's number one? Location.

Socrates

   In between the top and the bottom, however, lie the factors that you can control with intelligent renovation and fix-up strategies.

   On the list of priorities you'll find the following, in ranking order:

  1. Location.
  2. Curb appeal: landscaping, entranceways, and the general impression the building creates from the outside.
  3. The condition of the building on closer inspection. Window trim painted, walkways not cracked. Trim and edging of grass and gardens maintained.
  4. Attractive entrance and hallways or foyer, if there is one.
  5. Condition of the apartment itself.
  6. Layout of the apartment unit.
  7. Rent - including utilities.
  8. Appliances supplied. Hook-ups for washer/dryer.
Long-Term Renovations That Add Property Value

   In looking at any residential property, consider the basics first. They are the most expensive, but may be most crucial to long-term profits. They include plumbing, roofing, heating and ventilation, wiring, exterior facing, even parking space or garage excavation.

   These are costs that you won't recover in a hurry, but in the long run, will save you headaches and maintenance and repair costs, and, in the end, add to the appreciation and profitability of the building.

   Other costly items: adding a second bathroom, redesigning kitchen layouts, new cabinets, sinks, etc. These costly improvements must be compared to other less costly ones that may increase rents as much or even more. For example, adding a balcony can increase rents 10%, a fireplace, another 10%, a built-in desk and sofa bed in a small apartment (a studio) can increase rents by 5%.

How Much Renovation Should You Do?

  • Exterior planting is relatively cheap, but as seen in the priority list, it is a top priority for renters.

  • Adding closets - without disturbing basic layout - inexpensive but appealing.

  • Refinishing wood floors instead of carpeting: it's cheaper by far than carpeting, and is in line with current trends in decorating.

  • Door knobs, hardware, drawer pulls - buy brass fixtures, they add elegance and appeal at a low per-unit cost, particularly if walls are white to set off the fixtures and give an elegant look - bare wood floors, white walls and brass - they all spell modern appeal.

  • Lighting fixtures. Chandeliers, track lighting, under-the-cabinet kitchen lighting, bathroom mirror lighting, all add appeal, and brighten apartment units with inadequate or limited natural light.

   A final word of advice: Do some "comparison shopping". Take the time to look at other rental units in the area - compare rental values, space and amenities. Note obvious renovations and fix-up details - you can't be sued for copying the most appealing ones, or for stealing ideas.

Poor management

   Poor management can mean bad tenants or poor collection policies. It is a situation that needs more attention than the present ownership can give. You buy the property and instill professional management. You profit.

   With bad tenants, there are two scenarios. They become good tenants or you evict them. Unfortunately, in many states, the eviction process can take up to six months. If the rent is $900 per month, you will probably lose that $5,400, plus legal fees. A bad tenant who is being evicted usually doesn't pay rent. You may obtain a court judgment against the bad tenant, but good luck collecting. A better approach is to try and buy them out. Offer them a thousand dollars if they will move within two weeks. If a thousand doesn't work, offer two or three thousand. Even if you had to give them the whole five thousand, the non-aggravation would probably be worth the cost. If you are buying a property and suspect these kinds of problems, you should factor these buyout costs into your offer. Or even better, you can request that the property be delivered to you free of tenants. Then, the seller has to deal with bad tenants before the closing.

   Master's Tip: Unfortunately, some owners will give a bad tenant a good recommendation just to get rid of them. You need an independent evaluation tool, and that is the credit report. Make sure that you receive a current credit report for all prospective tenants. The credit report shows the tenant's prior history. This is easy. A good credit report equals a good tenant and a bad credit report spells trouble. You are not a social service agency. You do not have to take a chance on a tenant with a poor credit report. Wait for a good tenant with a good credit rating.

   Regardless of the rules, regulations, and provisions agreed to and signed, some individuals will act with independent indifference. Letters requesting compliance are left unopened; verbal requests fall on deaf ears. The root cause of the problem can be determined at a later date or never. Once you've identified a problem situation, act promptly and prudently.

Thomas Edison


   Legal eviction can be time-consuming and expensive. However, the tenant may voluntarily relocate if you locate comparable space at a comparable price, or if you offer to pay moving expenses or a moving allowance. The offering of such cash rewards to tenants who voluntarily agree to relocate (whether to make the space available to a higher paying tenant or for new construction or conversion) has been a standard practice in commercial and industrial real estate for many years. While rewarding a problem tenant with a cash settlement to relocate is not a first option, it may be a cost-effective one. Remember, once you're rid of the problem, you can concentrate on more profitable concerns.

   Master's Tip: The best course of action with bad tenants is not to compromise, counsel or appease them but to get rid of them. Take them to court. Pay them off.. Get rid of them. You want tenants who: 1. Pay the rent. 2. Don't bother other tenants. 3. Respect the property. If these rules are violated, save yourself a lot of aggravation and get rid of them. You are not a social agency. They will find accommodation elsewhere.

   Remember from the Action Principles® that you can't change people. You can't make them neat or quiet or non-smokers or good parents.

Foreclosures

   Like Handyman's Specials, foreclosures bring out the lazy bargain hunters in packs. "Gee, I'm going to get a $200,000 house for $150,000". Gee, I don't think so. Before a property actually makes it to a foreclosure auction, the following has probably happened:

   The owner has tried and failed several refinancing attempts with this bank and others.

   The owner has tried and failed to sell the property to the general public.

   Many of the owner's friends, family and co-workers know about his financial troubles and have decided not to buy the house.

   Many people at the bank know about the foreclosure and have decided not to approach the owner and buy the house.

   All of the attorneys and their staff and family at the law office handling the foreclosure know about the owner's financial troubles and decide not to approach the owner.

   In most cases, when you are buying a property at foreclosure, you cannot get inside the property prior to the auction and even if you can, you don't have an opportunity to do a full property inspection.

   Even with all of the cautions above, you still might get lucky and get a good deal on a foreclosed property and buy it for 10% - 20% below market value, but you can do that anyway by making offers. And you can make those offers with a lot less risk.

   Continuing Education: http://www.homestore.com Supplier of online media and technology solutions to the home and real estate industries. At the heart of the company's operations is Homestore.com(tm), the largest and most comprehensive family of Web sites devoted exclusively to home and real estate-related content and commerce.

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