REI Wealth Magazine Featuring Paul Finck | Page 89
Diligence and the Deal
Lastly, you need to evaluate
the deal itself, which is described
in the Offering Circular. Here is
what you need to consider.
1) Holding Period and Exit
Strategy: See if this makes
sense to you and fits your
time frame.
2) Dispute Resolution: How
are any disputes between the
investors and the promoter
going to be resolved? Can
the promoter be removed
and replaced if necessary?
3) Voting Rights: What voting
rights do the investors actually
have? Are you comfortable
with that?
4) Reporting: What kind of
reports will investors receive,
and how often? No more
than quarterly!
5) Promoter’s Fees: The
Offering Circular will
disclose these. There will be
plenty because syndicators
often set up a certain return
for the investors, then pile on
the fees wherever they can.
See the article by Kim Lisa
Taylor on the 12 ways
syndicators can make money,
under “Diligence and the
Promoter”, above.
6) Cash Distributions: When
are cash distributions made
to investors, and what are
they for?
7) Leverage: How much cash
downpayment will be made,
and what loan(s) are there?
3040% downpayment is
common. Be suspicious of
overleveraging with
anything less.
8) Overpaying?: The
commercial real estate
market, especially multi
family, is “hot” right now
with syndicators competing
for properties and bidding
them up. Your promoter
could be overpaying, which
would severely reduce your
investment return. Usually
some Comparable Sales are
presented in the Offering
Circular along with some
discussion. Study these
carefully. Does your
project make sense?
9) Project Financial
Measurements: Projects
are measured primarily on
Internal Rate of Return
(IRR), which is used to
compare investments of all
kinds, and on CashonCash
Return, which basically
expresses the productivity
of the investor’s cash in the
project. Promoters provide
estimates of these and others
in the Offering Circular.
Familiarize yourself with
these if you intend to invest
in syndications, or hire an
89
accountant, financial planner,
or real estate consultant who
is versed in them.
10) Investor Returns: Usually
there is a Preferred Return,
which is paid to investors
monthly or quarterly from
ongoing operations. It runs
610%, with 8% being
typical. Anything outside
this range should be
questioned. Beyond the
Preferred Return, there can
be additional distributions
in which the promoter will
probably participate.
11) The other primary return is
the Split, which applies to
profits and distributions
above the Preferred Return,
plus proceeds from any
refinancing. These rates
can be 80/20, 75/25, even
50/50. They are described
in the Offering Circular,
and you need to decide if
they are acceptable to you.