Today’s topic is DD, not Dungeons & Dragons, but Due Diligence. When it comes to real estate transactions, due diligence in a real estate purchase is an essential process that can significantly impact the outcome of your investment. Whether you’re buying or selling commercial property, understanding and performing due diligence is crucial for making informed decisions and protecting your interests. The who, why, and what determines what needs to be done.
What Is Due Diligence?
Due diligence involves a comprehensive investigation into the physical and financial condition of the property and its surrounding area. It ensures that all aspects of the property meet your expectations and requirements before you finalize the transaction. This process can uncover potential risks, necessary repairs, and other critical information that could affect the property’s value and your decision to proceed with the purchase or sale.
Who Performs Due Diligence?
Many people mistakenly believe that due diligence is solely a buyer’s responsibility. After all, they’re the ones acquiring the property, right? However, this overlooks the significant role sellers play in a successful due diligence process. Here’s why due diligence is a two-way street:
- Buyers – Buyers typically conduct due diligence to ensure they are fully aware of the property’s condition and potential issues. This includes any additional investors, lenders, or future tenants who might second-guess the buyer’s findings.
- Sellers – Sellers also perform due diligence to justify their asking price and prepare for any questions or concerns that potential buyers might raise. This helps in facilitating a smoother transaction.
Why Perform Due Diligence in a Real Estate Purchase?
Performing due diligence in a real estate purchase is a crucial step in the property acquisition process. It involves a thorough investigation and analysis of the property to ensure you have all the necessary information before making a purchase decision. Here’s why due diligence is essential:
✔ To Identify Risks and Problems
Due diligence helps in uncovering any potential risks and problems associated with the property. These could range from structural issues, environmental concerns, legal disputes, or zoning restrictions. Understanding these risks allows you to assess whether they are manageable or if they could significantly impact your investment decision.
✔ To Determine Adjustments in Purchase Price
Conducting due diligence in a real estate purchase can reveal necessary adjustments in the purchase price. For instance, if the property requires a new roof or has significant deferred maintenance, these factors should be taken into account when negotiating the final price. This ensures that you are not overpaying for a property that will require substantial additional investment.
✔ To Address Items Prior to Closing
Identifying items that must be addressed before closing is another critical aspect of due diligence. This includes any repairs, compliance with local regulations, or resolving legal issues. Addressing these items beforehand ensures a smoother transaction process and helps avoid unexpected costs and delays after the purchase.
✔ To Ensure Comprehensive Understanding
Due diligence in a real estate purchase provides a comprehensive understanding of the property. This involves scrutinizing financial records, inspecting the physical aspects of the property, and reviewing all relevant documentation. With this information, you can make an informed and rational decision, ensuring that the property aligns with your investment goals and risk tolerance.
What Do You Do with the Due Diligence Information?
So, you’ve conducted a thorough due diligence and have all this information at hand. But what do you do with this intel? Here’s how to leverage your findings to make the best decision regarding your real estate investment:
• Walk away from the deal.
Sometimes, due diligence in a real estate purchase reveals a property riddled with problems that simply can’t be resolved or don’t align with your business goals. Perhaps the structural issues are too extensive, environmental hazards pose a significant risk, or zoning restrictions prevent your intended use. In such cases, walking away from the deal is a wise decision.
• Adjust the price.
Let’s say your due diligence uncovered a leaky roof and outdated electrical wiring. This information empowers you to renegotiate the purchase price. By presenting the seller with documented evidence of these issues, you can build a strong case for a lower price that reflects the property’s true condition. Don’t be afraid to leverage your findings to secure a fair deal.
• Demand that something be addressed pre-closing.
Due diligence can uncover deferred maintenance issues like a failing HVAC system or faulty plumbing. Don’t get stuck inheriting these problems! Use your findings to leverage pre-closing repairs from the seller. Negotiating these repairs upfront ensures you start with a well-functioning property and avoids post-purchase headaches.
• Factor in post-closing obligations.
In some cases, due diligence in a real estate purchase might reveal potential post-closing obligations. But if you do so, be certain that there will be assets in the seller or their assets are sufficient to ensure compliance. For example, the property might require asbestos abatement or environmental cleanup. While not ideal, with this knowledge, you can factor these costs into your overall investment plan. You might negotiate a seller credit to cover these future expenses or simply adjust your budget accordingly.
Knowing the who, why and what to do can save you sleepless nights when selling or purchasing your commercial real estate.
Questions, call Cynthia Daughtrey, 3D Real Estate to help. 303-548-9659.
