Agent Info & Resources

Luxury Homes International is a dynamic real estate company servicing clients from around the world.  Our local, national and international reach help real estate agents succeed in today’s global environment.  We are owned and operated by entrepreneurial minded real estate agents without the limitations of corporate franchise companies.  Our philosophy is to better serve our clients through a holistic approach providing agents the flexibility to engage in residential, commercial, development and management.

Our agents earn more with simple 80% and 90% commission structures.  No franchise fees, no desk fees & no marketing fees.  Increase income through our partner referral program, web leads and profit sharing.  Tools for success include experienced brokers, 24/7 agent resource website, high-tech marketing apps, IDX and CRM systems, multi-language platforms, and personal sales coaching.

Offices in Honolulu Hawaii and Central Hong Kong.  Visit our Hong Kong website Click Here

Luxury Homes International ranked Top 25 Company in Hawaii

Congratulations to the Luxury Homes agents for appearing in all 4 categories Top 25 Real Estate Categories!

Adwerx E-marketing platform for real estate agents

E-Marketing platform used by agents at Luxury Homes International.  Using re-marketing technologies to target sellers and buyers everywhere on the web and television. Learn more about Adwerx and how to use the technology to better serve your clients and be more successful!

Legal Issues for International Buyers & Sellers in Hawaii and the US

Legal issues affecting foreign buyers and sellers of real estate in Hawaii and the US.  Presented by the Hawaii International Real Estate Council in conjunction with the Hawaii Association of Realtors.  Topics covered include: Tenancy & title, taxation, Harpta Firpta, notarization of documents, translation, estate planning, due diligence, financing, dispute resolution, commercial, residential, and more.

How to work with clients from China & Canada
* Tips for US real estate agents *

Special presentation with the Hawaii and California Realtor Associations.  

Canada is the #1 largest group of foreign buyers in the US, China ranks #3. (#2 is Mexico)
California is the #1 state for Chinese buyers and #3 state for Canadian Buyers.
Hawaii ranks #11 for Chinese buyers nationwide.
In Hawaii, Canada and is the second largest foreign group with China #6.

Informative video covers: Current market conditions in China, Vancouver, Toronto. Buying & selling process in China, Vancouver, Toronto, Differences in buying and seller in the US compared to China, Vancouver, Toronto, Important topics that Realtors need to educate buyers and sellers from China, Vancouver, Toronto when they transact in the US, The types of US properties that clients from China, Vancouver, Toronto are most interested in.

Tax Tips for Foreign Buyers & Sellers with Jessica Su CPA

Presented by the Hawaii International Real Estate Council.  Focused on what real estate agents need to know about HARPTA, FIRPTA, and preparing international clientele for the Hawaii and US tax procedures.


Tips for real estate agents working with international clientele from Japan, Korea and China.

Join this panel discussion with speakers from New York, California, Hawaii, & Seoul.  Insight into how real estate is conducted in Japan, Korea and China and how to work with clients from these countries. Presented by the Hawaii International Real Estate Council. 

Immigration & Real Estate with attorneys David Garfield & Grace Magruder

Learn about the important immigration policies that affect foreign nationals doing business and purchasing real estate in the US and Hawaii.  This webinar will provide a general overview of the important immigrant and non-immigrant visas that are available including visas for business, education, science, research, arts and more.  Learn about the potential paths to citizenship and how this affects the real estate industry.  Does buying property in the US provide any visa or immigration benefits?  Does owning a business in Hawaii provide any visa or immigration benefits?  Find out at this informative webinar presented by the Hawaii International Real Estate Council.

PRESENTATION SLIDES

Luxury Homes International ranked Top 25 Company in Hawaii

Congratulations to the Luxury Homes agents for appearing in all 4 categories Top 25 Real Estate Categories!

Luxury Homes International congratulates our agents in appearing in all 4 categories of Top Real Estate Companies in Hawaii according to Pacific Business News including postings from 2006 to present: TOP 25 LARGEST REAL ESTATE COMPANIES, TOP 25 HIGHEST RESIDENTIAL SALES, TOP 25 HIGHEST COMMERCIAL SALES, TOP 25 HIGHEST LAND SALES.

Geopolitics affecting the economy and real estate in the US with Ralph Cossa.  Hawaii International Real Estate Council.

Ralph Cossa, President Emeritus with Pacific Forum share's his insight into the geopolitics that affect our world.    Presented by the Hawaii International Real Estate Council and Hawaii Association of Realtors.

Taxation & Important Issues for Foreign Buyers & Sellers 8-4-20

The Hawaii International Real Estate Council hosted this webinar with Cades Schutte Tax Attorney Ryan Wilson and CPS Brad Konishi.  The event was sponsored by Guaranteed Rate mortgage.  The presentation covers issues for foreign buyers and sellers in Hawaii including taxation, corporate ownership, estate planning, Harpta, Firpta and much more.

View the video presentation: Click Here

View the presentation slides: Click Here

Hawaii Mid Year Real Estate Review with Economist Paul Brewbaker 2022

In depth look at the micro and macro economics shaping Hawaii's real estate market with top economist Paul Brewbaker.  This in depth discussion provides insight into the current real estate market and projections into the next year.  Hosted by Luxury Homes International with a special thank you to the sponsors: Howard Hughes, Title Guaranty, Guaranteed Rate & the Hawaii International Real Estate Council. 

Hawaii Mid Year Real Estate Review with Economist Paul Brewbaker 2021

In depth look at the micro and macro economics shaping Hawaii's real estate market with top economist Paul Brewbaker.  This in depth discussion provides insight into the current real estate market and projections into the next year.  Hosted by Luxury Homes International with a special thank you to the sponsors: Howard Hughes, Title Guaranty, Guaranteed Rate & the Hawaii International Real Estate Council. 

VIDEO REPLAY       PRESENTATION SLIDES

Hawaii economy & housing market with Paul Brewbaker August 2020. Hawaii Association of Realtors

The Hawaii Association of Realtors hosted a virtual economic and housing recovery seminar with Paul Brewbaker.  Paul Brewbaker, a leading economist discussed the current state of COVID, Hawaii's economy and the housing market. 

View the video presentation: Click Here

COVID-19 Webinar with Paul Brewbaker 3-18-20

The Honolulu Board of Realtors hosted a webinar with economist Paul Brewbaker discussing the impacts of the COVID-19 virus on the real estate market and economy of Hawaii.

View the video presentation: Click Here

View the presentation slides: Click Here

 

Mid Year Real Estate Review with Paul Brewbaker 2019

Luxury Homes International hosted the 11th annual Mid-Year Real Estate Review with Paul Brewbaker this week in Honolulu Hawaii.  The event was held at Waialae Country Club, the home of the Sony Open PGA Golf Tournament. The event was sponsored by Howard Hughes, Old Republic Escrow, Luxury Homes International, Guaranteed Rate, Honolulu Property Management, Hawaii International Real Estate Council, Inspect Hawaii and DR Horton Schuller Homes.

Economist Paul Brewbaker provided an in depth study of the macro and micro economic trends affecting Hawaii.

View the full presentation: Click Here

Luxury Homes International Hong Kong office moves to Central Tower

June 10, 2019.  The Luxury Homes International office moved across the street this week to the new location in the Central Tower in Central Hong Kong. "It has been ten years at our previous office and we are looking forward to the new location" stated broker owner Patrick ONeill.   Visit our Hong Kong website Click Here

Korean Real Estate Investors Tax and Immigration Seminar

The Hawaii International Real Estate Council recently hosted a seminar focused on issues surrounding taxation and immigration for Korean buyers and sellers of Hawaii and US real estate.  The seminar conducted entirely in Korean language featured immigration attorney Jane Park Esq and Chun Hu CPA.  The event held at the Honolulu Board of Realtors was sponsored by Honolulu Home Loans and the Hawaii International Real Estate Council.

View the full presentation here: Click Here

 

Mid Year Real Estate Review with Paul Brewbaker 2018

Luxury Homes International hosted the Hawaii Mid-Year Real Estate Review with Paul Brewbaker this week at Waialae Country Club in Honolulu Hawaii.  Brewbaker, Hawaii's top economist covered the international, national and local economies with special detail to GDP, inflation, job growth, construction and interest rates.  Housing prices are in the ninth year of expansion averaging 4%-5% annually.  Sales volume remains high with a low inventory environment.

For the full presentation materials, click here
Real Estate Review with Paul Brewbaker 2018


Thank you to the sponsors: Luxury Homes International, Honolulu Home Loans, Howard Hughes, Old Republic Title, Utopian Vacation Luxury Homes, Diamond Head Home Inspections, Hawaii International Real Estate Council, Kamaaina Termite & Pest, In1View Photography.

HARPTA Increased to 7.25%

Senate Bill 508, CD1 PASSED

Increases the percentage deducted and witheld from the disposition of Hawai‘i real property by nonresidents from 5% to 7.25%. This withholding is often referred to as “HARPTA”, an acronymn for the Hawai‘i Real Property Tax Act. The change to the 7.25% rate was set to Hawaii’s capital gains tax rate. Effective upon approval and applies to real estate dispositions that occur on or after September 15, 2018.

Upcoming Events 

February 14 | 9.30am – 1.00pm

William Endsley – Business in South East Asia

March 14 | 9.30am – 1.00pm 

David Garfield – Immigration

May 16 | 2.30pm-4.30pm

Ken Kiyohara – Japanese business protocol

June 13 | 1.30pm-5.00pm

Paul Brewbaker – Mid-year real estate review

August 13-14 | 8.00am-5pm

CIPS – Carmela Ma

August 8 | 2:00-5pm

Korean language seminar for taxation and legal

November 9 | | 9.30am-1.30pm

Geopolitics affecting Hawaii - Ralph Cossa

 

International Real Estate Council 2018

The Hawaii International Real estate Council (HIREC) provides educational opportunities for real estate professionals working with international clients from Japan, China, Hong Kong, Korea and around the globe.  2018 workshops and seminars cover taxation, immigration, legal, geo-politics and much more.  Become a member of HIREC and be the first to know.  Click Here.

Mid Year Real Estate Review with Paul Brewbaker 2017

Luxury Homes International hosted the Hawaii Mid-Year Real Estate Review with Paul Brewbaker this week at Waialae Country Club in Honolulu Hawaii.  Brewbaker, Hawaii's top economist covered the international, national and local economies with special detail to GDP, inflation, job growth, construction and interest rates.  He then highlighted the past and present real estate markets on Oahu and the outer Islands of Hawaii.   Thank you to the sponsors: Luxury Homes International, Honolulu Home Loans, Howard Hughes, Title Guaranty Escrow, Honolulu Property Management, Diamond Head Home Inspections and Hawaii International Real Estate Council.

View the full presentation by Clicking Here

2017 International Commercial Real Estate Trends

National Association of Realtors released the 2017 report on international commercial real estate trends in the United States.  Topping the list were buyers from China followed by Mexico, UK, Venezuela and Canada.  The number one state for international commercial transactions was Florida followed by Texas, California and New York.

View the full report by Clicking Here

2016 Profile of Home Buyers and Sellers

National Association of Realtors released the new profile of Buyer and Seller characteristics.   Eighty-eight percent of buyers recently purchased their home through a real estate agent or broker. Eighty-eight percent of buyers would use their agent again or recommend their agent to others. Only eight percent of recent home sales were FSBO.  

View the full report by Clicking Here

Working With Japanese Clientele

Download the complete presentation by Clicking Here

The recent International Real estate Council seminar covered working with Japanese clientele including the latest legal, tax and immigration changes effecting the US and Hawaii real estate market.  Thank you to the featured speakers Shimpei Oki attorney of Goodsill Anderson Quinn Sitfel, Tetsuko Ho CPA and Patrick ONeill of Luxury Homes International.  The event was sponsored by the Hawaii International Real estate Council and Honolulu Home Loans.

2016 Profile of International Buyers in the US

Download the full report by Clicking Here

The National Association of Realtors released the recent survey of international home buying activity in the United States.  Top countries of original continue to be China, Canada, Japan, South America, Europe, Russia, Mexico, UK, Germany and India.  

NAR Commercial Real Estate Outlook Q3 2016

Click Here to download the latest commercial real estate statistics and forecasts from the National Association of Realtors.  The report provides a general overview of the US commercial real estate indicators including economic growth, gross domestic product, employment, real estate pricing, vacancy rates, etc.

Working With Japanese Buyers & Sellers Seminer

Sign up for the Hawaii International Real Estate Council seminar by Clicking Here

Important seminar for all real estate agents & brokers working with Japanese clientele.  Topics covered include the latest legal, tax and immigration changes effecting the Hawaii real estate market.  The featured speakers are Shimpei Oki attorney with Goodsill Anderson, Tetsuko Ho CPA and Patrick ONeill of Luxury Homes International.  Sponsored by the Hawaii International Real estate Council and Honolulu Home Loans.

International Real Estate Council - IRS Tax Requirements for Foreign Asset Disclosure

The Hawaii international Real estate Council hosted attorney Mike Garcia of Ashford and Wriston Law firm to discuss the newest IRS reporting requirement for foreign assets.  The event was sponsored by Honolulu Home Loans and DR Horton Schuller Homes.  The moderator was Patrick W ONeill of Luxury Homes International.  Some of the basic points:

Who must report: US Citizens, US Green Card Holders, US Residents (Anyone spending over 180 days in the US)

  • What needs to be reported: Assets in excess of US$10,000. Includes all combined assets and those owned by entities with signatory rights
  • Penalties for not reporting can include 5 years in prison and forfeiture of the assets
  • The IRS now has open access and real-time reporting from most foreign banks including those in Hong Kong, Japan, Korea, South America and Europe
  • There are many complicated rules and regulations relating to the above.  The above is not meant to be legal advice but an over-simplified layman’s summary of few points.
  • Read more about reporting and the FBAR regulations by Clicking Here

Paul Brewbaker Mid Year Real Estate Update

Luxury Homes International hosted the Hawaii Mid Year Real Estate Update with economist Paul Brewbaker at the Waialae Country Club in Honolulu Hawaii.  Mr Brewbaker provided a detailed look at homes prices, economic trends, construction permits and projections for the future.  Click below for a full recap of real estate prices, construction activity and the economic indices of Hawaii.

Thank you to the sponsors Luxury Homes International, Howard Hughes Development, Honolulu Home Loans, Title Guaranty Escrow, Diamond Head Home Inspections & Hawaii Real Estate Council.

Click here to download a free copy of the presentation materials, charts and graphs

Taxation, Ownership and Selling of Real Estate for Japanese Investors

At the recent event hosted by the Hawaii International Real Estate Council, attorney Shimpei Oki and Accountant CPA Testsuko Ho explored the issues facing Japanese buyers and sellers of real estate in Hawaii.  The event held at Waialae Country Club covered taxation, estate planning, immigration and other property related topics.  To view the presentations, click on the links below.  Thank you to sponsors Howard Hughes Development, Fidelity National Title & Escrow, Honolulu Home Loans. Thank you to attorney Shimpei Oki of Goodsill Anderson Quinn & Stifel, Testuko Ho CPA and emcee Emi Kuriyama RA of Luxury Homes International.

Click here to download: Working with Japanese Buyers and Sellers

Click Here to download: Real Estate Taxation for Japanese Buyers and Sellers

Profile of Home Buyers and Sellers - National Association of Realtors

For most home buyers, the purchase of real estate is one of the largest financial transactions they will make. Buyers purchase a home not only for the desire to own a home of their own, but also because of changes in jobs, family situations, and the need for a smaller or larger living area. This annual survey conducted by the NATIONAL ASSOCIATION OF REALTORS® of recent home buyers and sellers provides insight into detailed information about their experiences with this important transaction. Here are highlights from the latest report.

  • At 30 percent, the primary reason for purchasing a home was the desire to own a home of their own.
  • Eighty-seven percent of buyers recently purchased their home through a real estate agent or broker.
  • Eighty-eight percent of buyers would use their agent again or recommend their agent to others.
  • Only eight percent (down from nine percent) of recent home sales were FSBO sales. This is the lowest share recorded since this report started in 1981.

Click Here to download the full report

Veteran and Active Military Buyer and Seller Profile - National Association of Realtors

In the 2015 Profile of Home Buyers and Sellers, for the first time recent buyers and sellers were asked the following in the questionnaire: “Are you or your spouse or partner currently: 1) an active-duty service member; 2) a veterans; or 3) neither.” Of all home buyers, 18 percent identified as veterans and three percent as active-military. Of all home sellers, 21 percent identified as veterans and one percent as active-military. Collecting the question allowed greater insight into how each population of buyers and sellers differs and is similar to those who have never served in the military.

Highlights:

  • 18% of veterans were first-time home buyers and 38% for active-service military.
  • Detached single-family homes continue to be the most common home type for all recent buyer types. 19% of veterans bought new homes as did 21% of active-service military.
  • The primary reason for the home purchase for active-service military was a job relocation at 33%. Veterans were more likely to want to be closer to friends and family (14%) and retirement (11%).
  • 85% of veterans and 86% of active-service military purchased their home through a real estate agent.

Click Here to download the full report

Property Staging Profile

  • Among REALTORS® who typically represent the buyer, 49 percent report most buyers are effected by home staging and 47 percent report some buyers are effected by home staging.
  • Among sellers’ agents 34 percent stage all homes, 13 percent stage difficult homes to sell, and four percent stage only high price bracket homes.
  • Thirty-two percent of buyers’ agents believe staged homes increases the dollar value buyers are willing to offer by one percent to five percent.
  • The median dollar value to stage a home is $675 for each home.

Click Here to download the full report

7 Things you must do after getting your real estate license

A to-do list for brand new agents who want to hit the ground running

BY BRIAN ADAMS from INman newsletter

Key Takeaways

·        Staying on the path to knowledge will keep your skills sharp and relevant.  Your priority should be developing your real estate education and foundational competency. Budget properly beforehand for maintaining this foundation. Tell your sphere of influence you’re a real estate agent, host open houses for other agents, build a business plan, set up a Facebook business page …  Yeah, yeah. These are all good things to do, but they are specific techniques.  New agents need to focus on their foundation. And your foundation is all about building and maintaining your knowledge.

New agents need to focus on their foundation.

The following is an actionable list of how to construct a foundation to grow a thriving real estate business.

Schedule and attend the GRI Course

Congratulations! You’ve completed your state-mandated real estate courses! You now know the difference between erosion and avulsion! If I had a Ferrari for every time that information came in handy, I’d … still be driving my Ford Fusion. You need to learn actual, real-life, applicable knowledge. You need to get your GRI (Graduate, Realtor Institute) Designation. The GRI course is broken up into three four-day courses (finance, brokerage and marketing) for 12 days total. You will learn about the Code of Ethics, contracts, good business practices and everything else that you actually need to know to be a good agent. It is not cheap — about $325 per course, $1,000 or so total. But you keep the GRI designation for life (no annual dues), and the education is everything theyshould have taught you getting your license. I attended the GRI as a first-year agent. Afterward, I discovered that I often had a better understanding of the contracts and process than the other agent on my transactions, even agents who had been Realtors for more thn a decade. When I own a brokerage in the future, having the GRI training will be obligatory for all my agents.

Attend your state Realtor association convention

I live in Texas, and I’m going to our Texas Association of Realtors convention even if it were being hosted in El Paso, 10 hours away. You have no excuses! (Thankfully, it’s in Galveston this year — only a four-hour drive). The conventions have an immense amount of free, current information about the industry. Often you can knock out your continuing education requirements for free. When I attended the Texas convention in Dallas last year, I met some real estate agents whose insights completely changed how I do business. Attending the convention is a great way to more exposure to your chosen profession. And it’s just fun! Go! (Bonus points for going to the National Convention.)

Download the Podcast Addict App

Or iTunes, or any other app where you can download and listen to podcasts. Podcast Addict is what I use on my Samsung phone. And then — download and listen to podcasts! Podcasts are 30-to-90-minute discussions or interviews about a particular subject. Unlike articles, there is a back-and-forth, and the information is invaluable. Most of the best real estate podcasts feature interviews with top-performing agents, coaches and professionals across the country, with insights into the techniques that make these agents successful. Some examples of podcasts I listen to right now are: Super Agents LiveReal Estate UncensoredReal Estate Coaching RadioReal Estate Rockstar andMaster Mind Agent (Master Mind Agent is the only one that is not free, but it is also one of the best and most detailed). I actually look forward to longer-ish car rides so I can listen to a podcast. While exercising is another good time to tune in.

Start a website

“Duh!” you’re thinking. “Everyone knows you need a website.” Yeah, but think it through a little. If your goal is to have a website that generates leads, you probably will need to “own” your website. 

If your goal is generate leads, you will need to own your website.

What does that mean? It means not simply having an agent page on your broker’s website. It means not paying an all-in-one service for a website. It does mean having your own site, hosted on a platform such as WordPress,Placester or WebsiteboxEven if you don’t have the tools or resources to pour into an online strategy at this moment, starting a website early has tremendous advantages when coming to SEO (search engine optimization). Google rewards older websites. My experience with a website was frustrating — improving and building a better and better site, but still being outranked by lousy, older websites by my competition. As my site ages, it will do better and better in the search rankings.

Find a mentor

You don’t necessarily have to spend $1,000 per month on a real estate coach. When starting out, I would instead recommend looking around your office at some of the top-producing agents. Identify agents who share your personality type and desired business model. For example, if you want to build an online lead-generating website, connect with the agent who has the best web page in your area. I would ask my broker that question directly: “Based on what I’m trying to accomplish, who in our office should I be modeling?” It doesn’t even have to be in the same brokerage. “But I’m their competition,” you think? Maybe they won’t open up and share with you? Maybe not. Offer to swap something of value — like helping to host an open house. Build relationships, and most agents will let you look under the hood at what has made them so successful. You can take it one step further and become a buyer’s agent or licensed assistant for one of the top agents in your area. Not only will you get exposure to the methods and techniques that are working for that agent, but you will also have a more steady income as a new agent.

Get an accountant

“I will, I will. Once I start making money.” Hint — no, you won’t. In reality, you will get an accountant when you’re doing your taxes, realize your files are a mess, wondering what untold number of deductions you are missing and losing an entire weekend in April — one of the busiest months for Realtors. Save yourself now. Get an accountant now. They aren’t as expensive as you think. Ask your broker and other agents for a recommendation and then make it happen.

Subscribe to Inman

I wandered for more than a year in the wilderness when I first became an agent, oblivious to my industry trends and important real estate news. Then I discovered Inman, which had great articles and resources for agents and brokerages, on topics ranging from technology, to big industry movers and shakers, to how to do an open house or prequalify buyers. This was what I was looking for! But darn it, the best articles were behind a paywall! After I month, I ponied up — and I haven’t looked back. There is no comparable site I’ve found that is as well-informed and helpful a resource to me and my business. Yes, the state and national association magazines are good reads, but only Inman delves regularly into the new technologies and trends that will make or break your business in the years to come. Subscribe. Read. Learn. Apply. Your business will reap the rewards.

Conclusion

Unfortunately, not everything on the list is free. But if you are serious about finding success in this field, it is money you will need to budget for before jumping into this occupation. These are not optional. Go do them now. If I were to do it over again, I would have done all of the above in my first week as a real estate agent. Instead, it took me nearly two years to figure it out. Don’t be me. Start on your foundation on day 1. 

Brian E. Adams is a real estate agent with StarPointe Realty in Fort Hood, Texas. Follow him on Facebook or YouTube

Commercial Lease Terms

Commercial Lease Terms Reprinted from National Association of Realtors and CCIM ENewletter: Knowing the Lease.  Understanding who is paying for what can help improve communication between real estate pros and clients.  By Gregory J. Laskody, CCIM | Nov.Dec.19

Commercial real estate has a jargon all its own, with plenty of acronyms and abbreviations. But considering such vast differences in geographical markets and industry sectors, meanings can change and differ from, for example, the retail market in South Florida compared to the industrial sector in the Inland Empire area of California. 

Developing a definitive, widely accepted dictionary for every term might not be feasible. Let's discuss terms related to commercial real estate lease structures so we can have a clear, concise understanding of the primary concepts. 
In basic terms, leases are structured based on property type. But this is also dependent on two things:

1. The market or sub-market that a particular property is located within.
2. Who pays for what expenses, both operating and ownership, associated with a particular property.

The more “gross” a lease is, the more that the operating and ownership expenses become the obligation and responsibility of the landlord; conversely, the more net a lease is, the more that the operating and ownership expenses become the obligation and responsibility of the tenant. Said differently, in a gross lease, a tenant will pay one flat rental rate to the landlord, with the landlord directly paying all operating and ownership expenses associated with the property; in a net lease, the landlord receives a base rent, with the tenant either paying some or all of the operating and ownership expense directly, or reimbursing the landlord for these expenses (such reimbursement has its own terminology, such as operating expense recoveries, pass-throughs, reimbursements, and common area management).

Certain property types will contain rent and lease structures that can vary greatly, even if properties are across the street from one another. For example, a Class A multitenant office building located in a downtown urban core may include entirely all gross leases, while a mixed-use lifestyle and entertainment center located next door may have a net lease structure. Also, similar property types may have different lease structures, based on the characteristics in that given market or sub-market, which are influenced by prevailing market trends. For example, retail leases have generally been structured as net, while office leases have generally been structured as gross. In certain office markets, however, this trend is shifting as landlords and property owners attempt to own and operate buildings, while at the same time transferring as much of the uncontrollable expense risk to their tenants as possible.

The following graphic shows a spectrum of common CRE lease types. One problem: Double-net to one person is modified-gross to a second. Unfortunately, the industry doesn't have one accepted classification of these CRE lease structure types, because they vary from market to market, property type to property type, broker to broker, and source to source. If there isn't a consensus on definitions of specific terms, how, as an industry, can we be crystal clear on who is paying for what in a quoted rental rate? 

But all involve two simple things:
1. Which operating and ownership expense obligations belong to the landlord/property owner?
2. Which operating and ownership expense obligations belong to the tenant?

Looking at the graphic, it assumes 100 percent of the rent is paid to the landlord by the tenant. If the market is in equilibrium - which always happens, right?! - gross rents will always be equal to the net rents plus all reimbursable operating expense items on a pro-rate basis for each tenant. This graphic shows how, within each lease structure, the burden for operating expense shifts from landlord to tenant.

Here are some CRE lease structures prevalent in the current marketplace, categorized from those with the landlord having most, if not all, of the operating and ownership expenses (capital expenditures), to lease structures that shift more and more operating and ownership expenses to the tenant. Other terms for these lease structures could be in markets located outside of my own, but almost all will fall into these general categories.

Gross or Full-Service: The landlord directly pays all operational and ownership costs associated with the building in a gross lease, including base rent, operating expenses, fixed expenses including property taxes and insurance, and variable expenses including repairs and maintenance, landscaping, trash removal, and utilities. In a gross or full-service lease, the tenant pays one amount to the landlord on a monthly basis that includes all the items detailed above. Landlords with gross leases must absorb all tax and insurance increases, repairs of short- and long-lived items, and capital expenditures over the entire term of the lease.

Modified, Modified Gross, or Industrial Gross: The tenant and the landlord share some or all operating expenses. The landlord institutes an expense stop, which is the level (or maximum amount) up to which the landlord will pay certain operating expenses. Amounts exceeding these limits are the tenant's responsibility. An expense stop is a tool used by landlords to limit exposure to operating costs and maintain predictable operating expenses. A modified structure may also prescribe that a tenant pays its pro rata share of taxes and insurance, with the landlord paying all other expenses.

Single-Net or Net: In additional to base rent, in a single-net lease, the tenant pays some or all the property taxes, insurance, and/or maintenance. “Single” refers to one operating expense item being reimbursed, but this has varied over time and marketplaces.

Double-Net: Generally, a double-net lease means the tenant pays for property taxes and insurance, in addition to the base rent, while the landlord pays for maintenance, utilities, repairs, and capital expenditures. A double-net lease can also be referred to as a modified gross lease.

Triple-Net: A triple-net lease calls for the tenant to assume all expenses of operating a property, including fixed and variable expenses and any common area maintenance that might apply, potentially including HVAC, plumbing, and electric systems. However, the landlord remains responsible for structural repairs, utility lines to the property, and sometimes site improvements, such as parking, landscaping, and site lighting.

Absolute Triple-Net/Bondable: Generally, in this agreement, the landlord has no expense or capital responsibilities. The tenant is responsible for taxes, insurance, common area, and all repairs and maintenance, including the roof and the structure.

Absolute Net Bondable: All operating expenses and capital improvement items for the property, in an absolute net bondable lease, are the tenant's responsibility, including casualty, condemnation, all utility lines, and easements. It is essentially a bond - the property owner doesn't have to worry about anything besides what day the rent check hits the bank account. This lease type is favored by lenders because it can greatly eliminate risk. Many leases are accompanied by a corporate guarantee or a credit enhancement provided by the tenant to further insulate the property owner from any loss.

The important thing to remember - whether securing space as a tenant user; projecting revenue as an owner, asset manager, or property manager; or examining a lease an interested third-party, such as a lender, broker, or appraiser - is to focus on who is paying for what operating expenses and capital items. These obligations, as well as how they change over time, should be adequately addressed in every lease, both for the protection of the landlord and the tenant.

Gregory J. Laskody, CCIM, is principal with Lee & Associates South Florida in Miami.

 

 

Luxury Homes International - Agent Toolbox

Go to the Agent Toolbox Website