Financing Commercial Real Estate Purchases – Two Important Ratios

This is the next in a series of posts directed to non-institutional buyers of commercial real estate. By “non-institutional” I mean individuals, families, partnerships, limited liability companies and corporations that own or are seeking to buy small to medium-sized commercial real property.

Buyers of commercial real property fall into two broad categories: users or investors. A “user” buyer intends to use the commercial property purchased to conduct its business. This could be office, retail, or warehouse/industrial in nature. “Investor” buyers purchase the commercial property purely for the rental income the property will generate and for the appreciation on resale thus providing a return on the investor’s investment in the property.

Whether an investor or user loan, commercial real estate lenders are “cash flow” lenders. The value of the real estate is a secondary source of repayment—foreclosure is a last resort. On an investor loan, cash flow from the operation of the asset (net income above expenses) is the key factor in the lender’s evaluation of risk. This is usually expressed as a ratio known as “debt service coverage”. Typically, lenders will want to see a minimum debt service coverage ratio of 1.2 to 1.4 to provide sufficient confidence to make the loan.

Although there is no income on a user loan, a similar analysis of income v. expenses on the part of the borrower will be made. Personal financial statements, personal and business tax returns, and business income and balance sheets will provide the lender the information it needs to make this evaluation.

Loan to value is another important ratio in the decision to lend or not to lend. Loan to value is a simple ratio or percentage expressed by the amount of the loan divided by the value (appraised value) of the property. Note it is the appraised value, not the sales price. This percentage is not dissimilar to residential loan to value analysis. However, in the residential world, loan to value can be as high as 97-100% under government programs provided by FHA and the VA. Not so for a commercial real estate loan. Lenders typically will look for a loan to value of 65-75%. Borrowers with good credit and/or substantial balance sheets will do better, but as a general rule, the lender will be looking for a greater down payment than in the residential arena. One exception is the SBA 504 loan program that can provide up to 90% financing provided the purchaser will use at least 51% of the property for its own business.

In poor economic conditions, banks are less willing to provide pure investor real estate loans resulting in lower loan to value ratios. Banks are a little more flexible on user loans as the owner is directly involved with the asset on a day to day basis.

The commercial real estate purchaser should be prepared to address these issues with the lender when loan application is made.

Rick Lane is a top realtor with Weichert Realtors in the Washington, DC Metropolitan market. He has 20 years’ experience in real estate brokerage and real estate law and construction. He is a winner of a Weichert National Sales Award (top 5% nationwide). He is a former partner in the law firm of Thompson and Waldron and a former Vice President with the Trammell Crow Company in Washington, DC. Rick is a graduate of the University of Virginia and William and Mary Law School. He may be reached at:

Richard F. Lane, Esquire
Weichert RealtorsCommercial
Elkins Lane Realty Advisors
121 N. Pitt Street, First Floor
Alexandria, VA 22314
Direct: 703.888.5106
Cell: 703.626.6691
Office: 703.549.8700
Email: ricklane@elkins-lane.com
www.elkins-lane.com






This is the next in a series of posts directed to non-institutional buyers of commercial real estate. By “non-institutional” I mean individuals, families, partnerships, limited liability companies and corporations that own or are seeking to buy small to medium-sized commercial real property.


Evaluating the Purchaser’s Capacity to Close

WHAT YOU SHOULD KNOW WHEN SELLING COMMERCIAL REAL ESTATE PART 2 (AND IT’S COMMERCIAL REAL ESTATE—NOT COMERCIAL REAL ESTATE):

EVALUATING THE PURCHASER’S CAPACITY TO CLOSE

IT’S COMMERCIAL REAL ESTATE—NOT COMERCIAL REAL ESTATE

This is the second in a series of posts on issues important for a Seller to know when selling commercial real property. This post is directed to “non-institutional owners”-- individuals,families, partnerships, limited liability companies, and corporations that own small to medium-sized commercial real property as opposed to “institutional owners”—equity funds, REITS, life insurance companies, etc.—who own large portfolios of commercial real estate. 

Let’s assume the Seller’s marketing team has done its job resulting in an offer. On the surface,the offer is attractive to the Seller. Many factors may enter into the final decision to accept or reject the offer. Price is usually paramount. However, the Purchaser’s capability to successfully close is a close second. Accurately assessing that capability is a key component to any successful sale.

The first question to ask is where is the Purchaser getting the money to pay for the property? Is it “all cash” or does the offer include a financing contingency??

If all cash. If all cash is offered, the Seller should require “proof of funds”. This could include copies of bank statements, investment accounts, or financial statements which show sufficient cash to close on the property to include the purchase price and closing costs. If the sale is part of an IRS Section 1031 exchange or if a significant part of the cash required is coming from the sale of other real property, a copy of the closing statement or a copy of the contract of sale for that property with contingencies removed should be provided by the Purchaser.

If a financing contingency is a part of the offer. “All cash” offers are more the exception than the rule. Most contracts to sell commercial real estate include provisions that the Purchaser’s duty to close is contingent on obtaining a loan for at least a portion of the purchase price.Financing contingencies typically allow a period of time for the Purchaser to obtain financing from a lending institution sufficient to close. If the Purchaser is not successful, it can notify the Seller and receive a refund of the earnest money deposit. The first question here is the same as that for an all cash offer. Where is the Purchaser getting the money for the down payment? The Seller should require the same evidence as that for an all cash offer outlined above.

Next the Seller should carefully consider the length of the financing contingency period.Remember, unless the Seller can get a right to “kick out” the offer if a better one comes along,the property will be off the market and subject to the Purchaser’s success or failure in obtaining a loan. On most small to medium sized properties, there is typically a two-step loan process. The Purchaser should be able to get a written loan commitment within thirty-forty- five days of final sales contract ratification. However, this commitment is usually subject to an appraisal of the property. On average the appraisal will take another thirty days. Larger more complicated properties or loans from life insurance companies or commercial mortgage backed securities lenders will take even more time—sixty to ninety days. If the Purchaser is requiring more time,the Seller needs to know why.

How can the Seller eliminate some of the risk in taking the property off the market for the length of the contingency? It is important to take a close look at the amount the Purchaser intends to borrow. Commercial loans for purchasers that intend to use the property for their business typically require 25-35% down and even more for investor loans. Higher loan to value loans are usually only available from special government programs like the SBA 504 loan program. The contract should specify the amount or percentage of the purchase price the Purchaser intends to borrow and a credible interest rate or interest rate range. Receipt of a financial statement and aright to run a credit report on the Purchaser prior to the Seller ratifying the contract will also help the Seller to make an informed judgment about the Purchaser’s likelihood for success.The Seller should also require some milestones in the contract for the loan application process.

For example, the Seller should require the Purchaser to make written loan application within a relatively short time period—five working days is not unreasonable. The Seller should also require written confirmation that the application has been made by the Purchaser. Obtaining a written loan commitment (which may be subject to appraisal) should be the second milestone.

Depending on the type of property and loan, requiring it within thirty to sixty days is not unreasonable. Again, the Seller should require written receipt of a copy of the loan commitment.The final milestone is completion of the appraisal and a final loan approval. All these milestones should be included in the time is of the essence provision of the contract which will put the Purchaser’s deposit at risk if it does not meet the milestones.

Following these steps will minimize the risk to the Seller presented by the financing contingency and help to ensure a successful closing.






This is the second in a series of posts on issues important for a Seller to know when selling
commercial real property. This post is directed to “non-institutional owners”– individuals,
families, partnerships, limited liability companies, and corporations that own small to medium-
sized commercial real property as opposed to “institutional owners”—equity funds, REITS, life
insurance companies, etc.—who own large portfolios of commercial real estate.