FAQs
FAQs
Your Guide to Buying, Selling, and Investing in Commercial Real Estate
We understand that navigating the commercial real estate market can be complex. To help you make informed decisions, we’ve compiled answers to some of the most common questions related to buying, selling, leasing, and investing in commercial properties.
Q: What services do you offer?
A: We provide comprehensive commercial real estate solutions, including property buying, selling, leasing, investment advisory, and market analysis. Our team assists businesses and investors in finding the right commercial properties to meet their needs.
Q: What types of commercial properties do you specialize in?
A: We specialize in office spaces, retail properties, industrial warehouses, multi-family buildings, and mixed-use developments.
Q: How do I start working with your company?
A: You can get started by contacting us via our website, phone, or email. Our team will schedule a consultation to understand your needs and guide you through the next steps.
Q: How can you help me buy a commercial property?
A: We provide expert market insights, property searches, due diligence, and negotiation support to ensure you find the right investment at the best price.
Q: What's the difference between gross and net leases?
A: Gross includes most operating costs in rent; net passes some or all expenses (taxes, insurance, CAM) to the tenant.
Q: What is a triple-net (NNN) lease?
A: Tenant pays base rent plus property taxes, insurance, and maintenance/CAM.
Q: What is a modified gross lease?
A: A hybrid: landlord covers some building costs; others are shared or passed through.
Q: What is “base year” in office leases?
A: The first lease year’s operating expenses/taxes used as a benchmark for future pass-throughs.
Q: How are annual escalations typically structured?
A: Fixed percentage increases, CPI-based bumps, or operating-expense/tax pass-throughs.
Q: What is “rentable vs. usable” square footage?
A: Usable = space inside your suite; rentable = usable + pro-rata share of common areas via a load factor.
Q: What is a load factor?
A: A multiplier applied to usable SF to account for shared areas—varies by building.
Q: What is a tenant improvement (TI) allowance?
A: Landlord’s contribution (per SF or lump sum) to help build out the space.
Q: What’s a work letter?
A: Lease exhibit defining scope, standards, responsibility, timing, and costs for build-out.
Q: What is free rent/abated rent?
A: Concession where base rent is waived for agreed months, often at lease start.
Q: What is a right of first offer (ROFO) or right of first refusal (ROFR)?
A: Options giving a tenant an early chance to lease adjacent or upcoming space.
Q: What is percentage rent (retail)?
A: Base rent plus a percentage of gross sales above a breakpoint.
Q: What is a go-dark clause (retail)?
A: A tenant right to stop operations while still paying rent—often limited or negotiated.
Q: What are typical security deposits or letters of credit?
A: Commonly 2–6 months’ rent (more for new or high-risk tenants) or an LC of similar amount.
Q: How long are typical office lease terms?
A: 3–10 years for small/midsize; longer for large or build-to-suit deals.
Q: What is a sublease?
A: A tenant rents all/part of its space to another user with landlord consent per lease.
Q: What is holdover?
A: Staying past lease end; rent usually increases (e.g., 150–200%) and liabilities can apply.
Q: What is a co-tenancy clause (retail)?
A: Allows rent reduction/termination if key anchors or a certain occupancy level isn’t maintained.
Q: What are typical operating expenses (CAM)?
A: Common area maintenance, management fees, utilities in common areas, repairs, and sometimes reserves.
Q: Who pays for HVAC?
A: Varies: central systems are often included/allocated; dedicated package units are usually tenant’s electricity and maintenance.
Q: How do NYC and SF office submarkets differ?
A: NYC has Midtown, Midtown South, Downtown; SF has North Financial, South Financial/SOMA, Mission Bay, etc., each with distinct inventory and rents.
Q: How do I estimate space needs?
A: Roughly 150–275 usable SF per office employee (varies with layout, hybrid policies, and collaboration areas).
Q: What impacts rent most?
A: Location, building class/amenities, floor height/views, creditworthiness, term length, and TI needs.
Q: What is building “Class A/B/C”?
A: A = top tier location/amenities; B = good quality; C = older, fewer amenities.
Q: What amenities matter now?
A: Air quality, terraces, fitness, bike storage, conferencing, food options, and flexible layouts.
Q: How does remote/hybrid work affect demand?
A: Reduces some footprints; increases emphasis on high-quality, experiential space.
Q: What’s important for life-science users?
A: Floor loads, ceiling heights, ventilation, wet lab capability, utility capacity, and zoning.
Q: What’s important for retail site selection?
A: Foot traffic, co-tenancy mix, visibility, signage, loading, and parking/transit.
Q: How do I compare two spaces fairly?
A: Normalize to effective rent (include concessions, load factor, escalations, pass-throughs, and build-out).
Q: Should I consider flexible workspace?
A: Yes, for swing space, project teams, or uncertain headcount—often at a premium.
Q: Who regulates NYC zoning?
A: The NYC Zoning Resolution (City Planning) governs use, FAR, bulk, and use groups.
Q: What is ULURP?
A: NYC’s Uniform Land Use Review Procedure for significant land-use actions (map/text changes, large developments).
Q: Who issues NYC building permits?
A: The NYC Department of Buildings (DOB); FDNY issues separate fire permits.
Q: What is a NYC Certificate of Occupancy (CO)?
A: DOB document certifying lawful occupancy and use; temporary COs (TCOs) can allow interim use.
Q: Do I need a Place of Assembly Certificate?
A: Yes, for spaces with 75+ people (TBD by use); issued by DOB/FDNY.
Q: What is Local Law 97 (carbon limits)?
A: Imposes GHG emission caps for larger buildings, with phased compliance beginning 2024–2030 and beyond.
Q: What is Local Law 84/133 (benchmarking)?
A: Energy use reporting for most buildings ≥25,000 SF on an annual schedule.
Q: Are there NYC landmark restrictions?
A: Yes—Landmarks Preservation Commission (LPC) must approve exterior changes to landmarked buildings/districts.
Q: How are sidewalk cafés or street-level signage handled?
A: Subject to zoning, DOT/DOB permits, and sometimes LPC approval.
Q: How are NYC building violations handled?
A: DOB/FDNY issue violations; owners must correct and certify. Open violations can delay closings/permits.
Q: Who regulates SF planning and zoning?
A: San Francisco Planning Department (Planning Code) and permitting via Department of Building Inspection (DBI).
Q: What is CEQA and how does it affect projects?
A: California Environmental Quality Act requires environmental review; scope depends on project size and impacts.
Q: What is Prop M (office cap)?
A: SF’s annual cap on new office development square footage; allocation affects timing/approvals.
Q: Does SF require accessibility reviews?
A: Yes; CA Title 24 and often a CASp inspection for ADA/California access compliance.
Q: Do I need a SF Certificate of Final Completion/CO?
A: Yes—DBI final approvals/CO are required before lawful occupancy for new/changed uses.
Q: Are there neighborhood-specific restrictions?
A: Yes—formula retail controls, use restrictions, and design guidelines in many districts.
Q: Is seismic design a special consideration in SF?
A: Absolutely—earthquake design, bracing, and non-structural anchorage are critical; check current code.
Q: What is the SF Existing Buildings Energy Ordinance (EBEO)?
A: Requires benchmarking and periodic energy audits/tune-ups for many commercial buildings.
Q: Are there special façade or sign controls?
A: Yes—Planning and DBI approvals; some districts have stricter design/signage rules.
Q: How does SF manage construction permitting timelines?
A: Major projects can face extended reviews (planning, CEQA, neighborhood input); schedules should include contingencies.
Q: How do closings differ: NYC vs SF?
A: NY: attorney-driven closings. SF/CA: escrow/title-company closings with grant deed and title/escrow settlement.
Q: What is title insurance?
A: Policy protecting against defects in title/lien priority; lenders require it, buyers often get an owner’s policy.
Q: Are 1031 exchanges available?
A: Yes—federal tax-deferred exchange rules apply in both states (strict timelines and Qualified Intermediary required).
Q: What’s a SNDA?
A: Subordination, Non-Disturbance, and Attornment agreement aligning tenant rights with lender priorities.
Q: What is estoppel?
A: Tenant’s certificate confirming lease terms and status—often required for sales/financings.
Q: What are typical due diligence periods?
A: 30–120 days depending on asset type, entitlements, financing, and environmental reviews.
Q: What is a PSA?
A: Purchase and Sale Agreement—defines price, deposits, contingencies, timelines, and representations.
Q: What’s an alternative: ground lease vs fee sale?
A: Ground lease = lease of land long-term (often 49–99 years) with tenant improvements; fee sale = land and building.
Q: What’s a non-compete/exclusive use clause (retail)?
A: Restricts landlord from leasing to direct competitors within the center/project.
Q: What is “as-is” purchase language?
A: Buyer accepts condition subject to due diligence; sellers limit reps/warranties.
Q: How are NYC transfer taxes handled?
A: NYC Real Property Transfer Tax + NY State transfer tax are due at sale; rates vary by price/category.
Q: How are SF transfer taxes handled?
A: City/County transfer tax applies with progressive rates by price tier; paid at closing per custom.
Q: What is mortgage recording tax (NYC)?
A: A tax on recorded mortgages; often higher for commercial, and borrowers may use mezz debt to manage costs.
Q: Does California have mortgage recording tax?
A: No state mortgage recording tax, but documentary transfer tax applies at sale.
Q: How are property taxes assessed?
A: NYC: Department of Finance assesses annually by class and estimated market value. SF: Assessor-Recorder assesses and revalues at sale/new construction per Prop 13 rules.
Q: What is tax escalation in leases?
A: Tenant pays increases in real estate taxes above a base year or pro-rata share.
Q: Are there gross receipts taxes?
A: NYC: Business taxes vary by entity; not a blanket CRE rent tax. SF: Gross Receipts Tax (plus special taxes like Homelessness GRT for large firms) may apply to businesses.
Q: Who pays utilities?
A: Varies by lease: direct-metered to tenant, sub-metered, or included with allocations.
Q: Are there special retail taxes on commercial rents?
A: SF has had targeted measures affecting certain commercial categories; verify current applicability with a CPA.
Q: How do abatements or incentives work?
A: Occasional programs (e.g., façade, energy, job credits) exist but change; confirm with city economic-development offices.
Q: What types of CRE loans are common?
A: Life-co, bank, debt fund bridge loans, CMBS; construction loans for development.
Q: How do lenders underwrite?
A: Focus on DSCR, LTV, stabilized NOI, tenant credit, lease term/roll, and market vacancy.
Q: What is DSCR?
A: Debt Service Coverage Ratio—NOI divided by annual debt service (typical minimums ~1.20–1.35x or higher).
Q: What is LTV?
A: Loan-to-Value—loan amount divided by property value (often 55–70% for stabilized assets).
Q: What is a cap rate?
A: NOI divided by purchase price—an indicator of yield and market risk.
Q: How are TIs and leasing commissions financed?
A: Through reserves, additional capital, or as part of project budgets; sometimes covered by lender holdbacks.
Q: What is recourse vs non-recourse debt?
A: Recourse includes personal guarantees; non-recourse limits liability except for “bad-boy” carve-outs.
Q: How do interest-rate caps/swaps factor?
A: Hedging tools for floating-rate debt; often required by lenders.
Q: Are green loans available?
A: Yes, programs reward certified sustainability/energy performance with better terms.
Q: How do appraisal and environmental reports fit?
A: Lenders require MAI appraisals, Phase I ESAs (and Phase II if needed), plus property condition assessments.
Q: Who pulls permits for build-outs?
A: Licensed contractors/expediters working with architects/engineers; owner and tenant coordinate.
Q: How long do build-outs take?
A: Small interiors: a few months; major or complex use changes can take 6–18+ months including permitting.
Q: What is a change-of-use?
A: Switching to a different occupancy classification—often triggers code and accessibility upgrades.
Q: What are typical insurance requirements?
A: GL, property, worker’s comp; tenants provide COIs naming landlord as additional insured; limits per lease.
Q: What’s a building rules & regs document?
A: House rules: hours, deliveries, signage, alterations, waste, and tenant conduct.
Q: How is after-hours HVAC charged?
A: Per-hour or per-ton rates if running central plant outside normal building hours.
Q: Who maintains vertical transportation (elevators)?
A: Landlord contracts maintenance; downtime windows and service credits may be negotiated.
Q: What are overtime labor costs (union buildings)?
A: Union contracts in some NYC/SF buildings may require union labor at defined rates/hours.
Q: How is waste and recycling handled?
A: NYC: commercial waste zones and hauler rules; SF: strict zero-waste/recycling/composting compliance via Recology.
Q: What life-safety systems are required?
A: Fire alarms, sprinklers, egress lighting/signage per code; FD approvals where applicable.
Q: Do energy benchmarking laws apply?
A: Yes—NYC Local Laws (84/133) and SF EBEO require energy benchmarking/audits for many buildings.
Q: What is commissioning or retro-commissioning?
A: System tuning to meet design/efficiency targets; often required by code or local law.
Q: Are green certifications valuable?
A: LEED, ENERGY STAR, Fitwel, and WELL can aid leasing, retention, and financing.
Q: Is earthquake insurance recommended in SF?
A: Common for owners and sometimes tenants due to seismic risk; premiums can be material.
Q: What about flood risk?
A: Check FEMA maps and local guidance; affects insurance and build-out choices in both cities.
Q: Do environmental reviews delay projects?
A: Yes—CEQA in SF and SEQRA/CEQR in NYC can extend timelines depending on scope.
Q: How do I identify a parcel?
A: NYC uses BBL (Borough-Block-Lot); SF uses APN (Assessor’s Parcel Number).
Q: Where can I verify permits/violations?
A: NYC DOB/FDNY online systems; SF DBI/Planning portals provide permit/inspection histories.
Q: Do I need an architect/engineer?
A: Usually yes for code, life-safety, and permit drawings; required for most alterations.
Q: Should I use a local broker, attorney, and expeditor?
A: Strongly recommended—local expertise in leasing, law, and permitting saves time, risk, and cost.