Archive for March, 2011

Mar
31

**LEASE LAND FOR YOUR LIFETIME

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Except in rare cases, a foreigner (a non Thai person) cannot acquire land ownership title in Thailand. As a result, leasing a plot of land for 30 years and registering this long term lease of land contract at the local Land Office is one of the ways known and practiced by foreigners.

 

 

Please note that I do not recommend a 30 years lease of land contract plus promises by landowner to renew the lease of land contract at the end of the 30 years. (This is explained in my article – Does a 90 years Lease of Land Exist in Thailand? published by Pattaya Mail newspaper on October 24, 2008) Foreigners are commonly advised to enter into a risky 30 years lease of land contract with promises by the landowner to renew the lease. However, these foreigners may not be aware that a lease of land contract can be made and registered for the lifetime of the foreign lessee.

 

 

Leasing land for the lifetime of the lessee or of the landowner is expressly provided by Section 541 of the Civil and Commercial Code:

 

 



“Lease contract can be made for the duration of the life of the lessor or of the lessee”

 

 

The lease will be registered as a lease for the lifetime of the foreign lessee. This registered right on the land or “real right” is binding on any third party for the lifetime of the lessee, this would include the landowner’s heir(s). In other words, no one, not even the landowner’s heirs, will have any rights over the leased land unless and until the lessee dies. A Land Office rule, effective since December 2008, confirmed that a lifetime lease registration made for the lessor’s (landowner) or for the lessee’s lifetime is only applicable to individuals or “natural persons”. The Land Office cannot proceed with the lease registration if the foreign lessee is a company, a partnership or any kind of juristic entity.

 

 

Tip

 

 

The lease registration fee payable at the Land Office is calculated based on the rental amount for the first 30 years lease period. The foreign lessee’s responsibility here is 50% of this fee, unless agreed otherwise between the landowner/ lessor and the lessee. Also, there is a stamp duty payable.

 

 

** Written by David Tan. David is a Lecturer of Business Law at Asian University and author of the book – A Primer of Thai Business Law, available online at www.chulabook.com . In Bangkok, the book is available at all Kinokuniya and Asiabooks bookstores. Any questions to David regarding land leases should be sent to blas.inter@yahoo.com

 





Repossession
Categories : commercial lease
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commercial property sale

Asda, the supermarket chain owned by Wal-Mart, the US retailer, could sell its global property development business in a deal that could fetch up to £400m. There are also rumours that Wal-Mart is looking to sell Asda as well.

The company told staff yesterday that it was looking for a buyer for Gazeley, an industrial developer, which will interest rivals such as San Francisco-based AMB and Australia’s Goodman International.

Gazeley is one of the largest industrial property developers in the UK and also operates in a number of other countries, including India, Mexico and China. It was acquired by Wal-Mart as part of its takeover of Asda in 1999.

Formed in 1987, the group operates as a standalone business, but also provides Wal-Mart and Asda with distribution and storage warehouses across the world.

Wal-Mart has picked a potentially difficult time in which to sell a property business, but Andy Bond, president and chief executive of Asda, said: “This is not a core business for us. We have previously had several unsolicited approaches for Gazeley and have now decided to review our strategic options, which might include a sale of the business.”

However, capital values have been in free-fall as fears have emerged over occupier demand. This, coupled with the greater difficulty in securing debt for the deal, means Asda is unlikely to secure a high price.

ProLogis, the US industrial developer, was linked with a bid for Gazeley two years ago. At the time, Asda said it had no interest in selling the company.

A significant part of the value of Gazeley will be its large undeveloped land bank, with more than 20 sites in the UK alone, and more across continental Europe and Asia.

Gazeley is the preferred developer of distribution space for Wal-Mart International, including Asda in the UK and Wal-Mart China. Wal-Mart is understood to be keen to sell the business with guarantees that ensure this strategic relationship continues, which would allow it first choice for prime sites in the future.

Pat McGillycuddy, chief executive of Gazeley, said: ‘We have produced consistent profit growth over the last five years and developed leased warehouses across Europe in 2007 with an investment value of £325m.

We have a successful business model and a strong management team that will add value to any new business partner.’

Wal-Mart wants to keep existing management in place following the sale if possible.



Sell and Rent Back
Categories : commercial sale
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Mar
29

What Type of Commercial Property Should You Invest In?

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commercial property sale

 

Once you’ve decided you want to invest in commercial property, the next piece of the puzzle is to decide which type of commercial property. Will you buy a shopping center? An industrial warehouse? An office? These are the three main types of commercial investment property, and there are important differences the commercial property investor should be aware of.

Retail Property

A major shopping center would generally be too big and expensive as a first investment. Suburban strip shops or small retail buildings located in sound country towns and cities are more likely to suit small and medium investors initially.

If it’s difficult to find quality freehold or standalone retail property at prices that fit within your budget, you can also consider retail strata units.

There are several things you’ll want to look for when choosing a retail investment property. Firstly, a good location is always important. As you’ve no doubt heard, when dealing with property it’s ‘location, location, location!’ You want to be in an area with adequate car parking and lots of pedestrian traffic. Why? Because pedestrian traffic equals business for retailers and business pays the rent – and the rent directly affects your property’s value.

A strong retail investment will have a quality tenant and a sound lease. A vacant property is your biggest potential drawback when investing in retail property. Ensuring your property is located in an area of high pedestrian traffic flow reduces your risk of having a vacant retail property, since retail businesses generally do well in these locations.

If looking for retail properties located in the city, try to find those located near train stations. Local governments often support the development of residential properties around train stations, and residential development will increase pedestrian traffic.

Industrial Property

One of the main reasons why a new or inexperienced investor would disregard industrial property is because it is often not very ‘pretty’ to look at! In previous years industrial property was almost completely dominated by manufacturing premises – but now it’s largely warehouses and distribution centers with an office and sometimes a showroom component. These properties are usually cleaner than manufacturing premises – if this is important to you as an investor.

Industrial property is often strata-titled, which makes it very affordable for the small or medium investor. When selecting an industrial investment property you would look for a building with clear span (as opposed to a building with a large number of pillars taking up floor space), high ceilings, and wide access doors, as these specifications will appeal to most industrial tenants.

Always remember that with industrial property road transport access is critical for the smooth, efficient flow of goods, both in to and out of the premises. You’ll want to find a building that is located near, and offers good access to and from, the major highways. Be sure that large trucks and semi-trailers can easily manoeuvre in and out of the lot without having to back-up. This can make corner lots extremely attractive.

Offices

A small freehold or standalone building or strata suites are the most likely choice for investors who want to purchase offices. Keep in mind that when the economy is strong, there is usually keen competition in purchasing offices because business owners are looking to purchase their premises rather than rent them. This is the main reason why offices are often offered for sale without an existing tenant.

When you do purchase a strata office with a tenant, you will usually get a true net return – where the tenant pays all the expenses for the property. Be sure to verify this in the lease documentation.

A major advantage of a freehold or standalone building is that there is potential to redevelop the property in the future for greater capital gains – while a strata suite often has very little land content, so you simply don’t have that option. Also, with strata property you don’t have sole control in the decisions affecting the property.

 

 

 



Real Estate Professionals
Categories : commercial sale
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Mar
28

Multi-family Commercial Mortgage Loan Business

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commercial mortgage

Definition of multi-family property eligible for commercial financing is defined as a structure that has at lease 5 or more units of residences with the search for permanent housing.

Main features and considerations on a multi-family property business:



There are signed leases with terms of one year or more.

Are there different bedroom and bathroom combinations.

Does the facility has a swimming pool, clubhouse or tennis

Is the facility conveniently located for employment, shopping or attractions

Is there a historically low vacancy

The units have separate utilities

Are there any deferred maintenance on the property

Is the property in a professional



Purpose

A commercial mortgage loan for the purchase of an owner occupied property can be used for almost any type of property that is not specifically related to the investor as an apartment building. In addition, farms, mining and other types of agricultural properties are not generally allowed under a traditional commercial mortgage loan.

Structure

Multi-family commercial mortgage loans are usually written with 5, 7, 10, 15, 20, 25 and 30 years with or without balloons. In general for a borrower is expected to buy a record 20% plus closing costs.

Paperwork

For this type of commercial mortgage loan expected to provide all documentation, including:



3 years of operation declaration of ownership

Year to date for declaration of ownership of operation

Property rent roll

3 years federal tax returns of the borrower

Personal financial statement (s)

Digital Photos of the property in question



In addition to credit jumped to the guarantor (s) as well as a D & B report on the company.

Fees

Commercial mortgage loans usually come with fees for things like testing, job title, environmental reports and points.

Requirement of our credit business loans:

We have commercial mortgage loan products that can help people with significant impairment of credit, they have higher rates of commercial mortgage loans, and we also have programs for commercial mortgage loans for people with great credit that they deserve the best rates we have to offer by http://www.pro-bargainhunter.com



Sell and Rent Back
Categories : commercial mortgage
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Mar
27

Commercial Property Law Specialist

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Buying or leasing a commercial property today can become hassle free only when the buyer knows their property law well. Even they are not familiar with the latest news they need correct legal advice. Our commercial property department is experienced in dealing with commercial property transactions including sales, purchases, assignment of leases, purchases of businesses of going concern and sales and lease back transactions. We provide commercial property solicitors for various different sales. One can get expert advice only with a specialized property lawyer. For property transfer we provide a Conveyancing Solicitor too. At Duncun & Lewis we have been assisting landlords and their clients to run business in harmony without any litigation.

Normally, real estate agents in areas recommend commercial property solicitors who they know. They know the area and are knowledgeable about the laws concerning related properties. Many businesspersons try to reduce the hassles by trying to circumvent legal hassles by only relying on the brokers’ advice. The title of the lease or plot has to be clear. But the right option is to engage commercial property solicitors for it. When you approach a commercial property solicitor at our firm they will take into account the compete details before any sale or purchase or any other transaction is made.

Too much emphasis is being given on the protection of the tenants now. A new code was introduced for leasing business premises in UK in March 2007. Sometimes lack of knowledge and not giving due importance to property lawyers can land businesses in trouble. For every negotiation, we make sure that property conveyancing is done easily, with able assistance from a conveyancing solicitor. A conveyance is a deed (legal document) that conveys a house from the vendor (seller) to the buyer, thereby transferring ownership. For transferring the property in the name of one person to another especially in business premises requires legal assistance. We take it to our credit that we have handled successfully, many such cases.

Consider a commercial property solicitor from our firm as an insurance policy against bad decisions. Property owners today do not want long-term tenants and this could mean that some tenants will protest. Tenants whose business depends on the volatile markets tend to take shorter legal routes. The lease term is important and we are aware of the technical issues faced by our clients. We charge reasonable fees but make sure you remain in business. This is our priority. If are looking for knowledgeable commercial property solicitors or conveyancing solicitors, log on to duncanlewis.co.uk. Find a wealth of information here apart from the best solicitors.

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Quick House Sale
Categories : commercial lease
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commercial property sale

It is a start-up, we have no track record however I am putting 100k of my own cap. into it, we invest only in 1st mortgages on commercial property with LTV’s up to 70% based on quick-sale value. We expect to earn 11-12% to investors. Thanks any help would be appreciated. :)

Quick Property Sale
Categories : commercial sale
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commercial mortgage

There was a savings & loan scandal in 1989. Since then I imagine that their portion of the total of American’s mortgage loans has declined. Concomitantly have commercial banks increased their share of the total mortgage debt in America?

Quick House Sale
Categories : commercial mortgage
Comments (1)
commercial lease

I will allow the tenant to get out of his lease with me. I will allow him to leave under certain conditions, which are actually, in my opinion, very reasonable. I know some people have demanded that tenants pay them lump sums when getting out of a lease, but I am willing to forgo that.

Anyway, the tenant would like to have me sign a paper from his lawyer saying that I will end the lease under these conditions.

Should I do that?

OR- should I just say that I will sign nothing. And that I will declare the lease to be void after the conditions have been met?

Thanks.

Real Estate Professionals

Categories : commercial lease
Comments (13)
Mar
22

Commercial lease, can I get out of it?

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commercial lease

I have a commercial lease on a retail premises it is a 10 year lease with about 8 and a half years to run, break clause at 5 years. When the new owner takes over I will HAVE to sign an “authorised guarentee agreement” covering the landlord should the new owner close down (so I am screwed if they fail or dont work as hard as we did – not fair) My question is:
1) At the break clause in 2 and a half years time if the new tenant decides to keep trading, am I still liable?
2) Is there any way I can say I will not sell the business with that clause?

Sell and Rent Back
Categories : commercial lease
Comments (3)
shop lease

Looking to lower the payment and purchase my next vehicle (never leasing again!). Decent credit, NOT interested in buying this lease, would it be logical to;
Purchase car knowing I plan to turn around and trade it in immediately for incentives (if possible)?
Return lease shop around for new/used next vehicle?
Just looking for the best way to transition without taking up the rear…again. Please help
PS – I’m aware of my options, the questions is the BEST way given my situation…

Quick House Sale
Categories : commercial lease
Comments (2)