Letter of Intent Notes

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Letter of Intent

Ask listing agents if they are working with any other LOIs?

Highlights deal points.

Financing contingency, environmental studies, dates, timelines, etc. Main deal points between
buyer/seller or landlord/tenant. It’s prior to the contract.

Feasibility period in Commercial is equal to option period in Residential.

Independent Consideration in Commercial is same as Option Money for Residential (typically not
refundable in Commercial)

Commercial LOI’s prevent both seller/landlord and tenant/buyer from spending funds on real estate
attorneys before deal points are agreed upon.

LEASE DEALPOINTS:

Price/Lease Amount

Terms of lease or feasibility period for transaction

Closing dates, studies required, zoning requirements (most cities will provide letter about correct zoning
for property), utilities expected (laundromat needs larger piping for water) etc.

You can always negotiate with landlord for your tenant to get their own parking spaces.

“Build to Suit” process:

1) Locate Property
a. In LOI add property must pass “Environmental Phase I”
i. Contingent to Utilities to the site

Credit Review/Qualification

Financial for last 3 years, proof of funds if paying in cash.

Tax returns for last 2 years

Bio (where did you come from, what’s your experience)


Deadline

Provide a deadline to respond to LOI. Don’t put 24-36 hr day like residential. Listing agent needs time to
qualify buyer, think closer to 2 weeks to 30 days/1 month.

Financials

1) You will need CPA stamped financials not computer generated forms from Quickbooks.
2) IRS Tax records for at least two years
a. Will ask for personal and business IRS records be prepared to supply both.
3) BIO – Many landlords and sellers will want a complete background on their potential Buyer or
Tenant.

Feasibility Time line required (pre contract)

(Broker should have a team (tenant/rep) , general contractors who do buildouts, space planners,
electricians, plumbers, painters, architects, engineers, ada, liquor license, zoning person)

Normal timeline (dry cleaner e.g. ) going into shell condition metal stud building.

1 month – architect, drawings, planning

Feasibility time line - ~45 days+, land takes longer (6+ months), industrial vacant building (depending on
environmental)

When contract is drafted by broker or by real estate attorney, redline the contract (we are looking for
anything that is not customary or standard), don’t practice law, [HVAC warranty for first year, $500 flat
annual fee if any issue arises after)…..

Agent commission fees are typically ½ at signing and ½ at rent commencement (start).

**EVERY LANDLORD AT END OF YEAR HAS TO RECONCILE EXPENSES TO TENANTS, THESE CAN BE FOUND
AND ASKED FOR IN THEIR “RECONCILIATION STATEMENTS”.
e.g. 2,000 sq ft * 24+7$/sq ft ($7 is triple net)

$62,000/yr

$5,166/mo

3% bumps, from year to year

Year 1 24 to 24.72

Year 2 – 24.72*.03= 25.46

Year 3 –

BISNOW
Improvements

Avg pizza place - $18/sq ft for improvements (given after project completed and CofO given with
receipts)

- Different areas pay different sq ft payments for finish out.

Commercial HVAC - $10k-$15k


Ginger example:
UCC

UCC Search shows any equipment tied to the building that may have a lien on the property and you may
assume it if you purchase property without doing a search.

TXR-1942 Form for Critical Dates in Commercial Contract

Deed type for purchase: Seller wants a special warranty deed, buyer wants general deed. Seller wants
their time of ownership covered, buyer wants general deed which goes back all the way in history.

Property Condition: underground storage, hoa, flood zone, annexation zone,

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