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Elimination of Net Interest Deduction could Result in Dire CRE Economics

Included in the House Ways and Means Committee hearing on tax reform in May was the Republican House proposal to eliminate net interest deduction. This is causing anxiety for commercial real estate investors and developers as it would disallow the conversion of ordinary income into capital gains for a lower tax rate. Instead, it would […]

June 15th, 2017|Trends|0 Comments

U.S. Seaports Drive Industrial Real Estate Industry

As office occupiers shutter space, e-commerce induced expansion of the distribution and logistics industry drives industrial leasing and investment activity. Many industrial occupiers are focusing on “last-mile” delivery systems and retrofitting existing assets to include fulfillment centers for online orders. One company that is finding ways to fill pockets of empty space within occupied warehouses […]

June 15th, 2017|Trends|0 Comments

Retailers Risk Losing Millions with Proposed Border Adjustment Tax

Retailers are against the proposed border adjustment tax for good measure. The possible import tax could result in higher prices for goods, costing consumers roughly $1,700 more a year, CNBC reports. Retail executives were set to meet with the Treasury Secretary in May to protest the implementation of the controversial tax that would allow companies […]

June 15th, 2017|Trends|0 Comments

Flexible Office Space Attracts Tenants and High Rents

While office rents in the hottest markets – such as Manhattan, San Francisco, and Washington, D.C. – soften, landlords are looking for new ways to remain profitable. One area that is gaining the attention of building owners is flexible space – a relatively new market where landlords offer flexible options to tenants who desire temporary […]

June 15th, 2017|Trends|0 Comments

Technology Advancements Influence Commercial Real Estate Demand

Parkway Center Two

14145 Danielson Street

Poway

117,354 square feet, Industrial

The fully-leased 14145 Danielson Street industrial building sold in May to new corporate-user Sorrento West Properties Inc., a real estate holdings entity of San Diego-based General Atomics, for $20 million according to CoStar. Meissner Jacquét’s valued commercial real estate industry associations and […]

June 12th, 2017|Case Study|0 Comments

Five Policy Issues Hindering Commercial Real Estate Demand

Despite uncertainty as to how President Trump and Senate Republicans will approach tax reform ideas and several controversial proposals, NAIOP’s annual study of “Economic Impacts of Commercial Real Estate,” published by the NAIOP Research Foundation, showed positive improvements made by the commercial real estate industry. Namely that commercial real estate generated significant economic growth […]

May 16th, 2017|Trends|0 Comments

Big-Box Leasing Shows No Sign of Slowing Down

If you’re a warehouse laborer or freight stocker looking for work, you’re in luck. Warehouse fulfillment and distribution employers are competing for qualified labor, meaning wage growth is underway in these sectors. E-commerce is the leading factor behind this trend, with every $1 billion in added e-commerce sales equaling 1 million square feet more in […]

May 16th, 2017|Trends|0 Comments

Retail Market Healthy Despite 300+ Store Closings

Even with retail job losses declining by 30,000 in March, retailer bankruptcies and an estimated 300+ department store closings in 2017, the U.S. retail market is overall “quite healthy” according to a report from Reis, a commercial real estate analytics firm. After sampling shopping centers of 10,000 square feet or greater in more than […]

May 16th, 2017|Trends|0 Comments

Hipsters and Suburbs Make for a Winning Investment

The suburbs seem to be quickly replacing the appeal of urban markets due to large companies’ continued search for young, qualified talent. With more walkable, amenity-rich neighborhoods in the works, the commercial real estate industry is producing a blend of urban metros and suburban markets known as “hipsturbias” or “urban burbs.” The new market provides […]

May 16th, 2017|Trends|0 Comments

Commercial Real Estate Industry Up in Arms over Dual Agency Ban

Assembly Bill 1059, introduced in February by Assemblywoman Lorena Gonzalez Fletcher, D-San Diego, was proposed to ban dual agency commercial property transactions in the state of California. The bill’s supporters claim that dual agency creates a conflict of interest and the only solution is a legislative ban in the commercial setting. The sponsor of AB 1059 is using the recent California Supreme Court decision in the Horiike v. Coldwell Banker Residential Brokerage case, which dealt with residential disclosure issues, as a cover to pursue an agenda that would codify its business model, limit competitors, upend commercial real estate transactions, and ultimately harm consumers.

Despite proponents’ claims, AB 1059 will hurt small and large tenants alike by driving down competition, raising costs and making transactions more difficult.  Under this bill, real estate transactions will be more complicated, costly, and adversarial than they currently are by banning the ability for one firm – mutually agreeable to both parties – from coordinating purchase and/or lease transactions.  Senate Bill 1171 is already in place to mandate disclosure of dual representation in commercial property transactions to limit conflicts of interest and increase transparency.

On April 25th the author, Gonzalez-Fletcher, informed BOMA CAL that they will be pulling the bill from consideration this year. It appears the author was caught off guard by the level of opposition to the bill and has decided to focus on other measures at this time.

The commercial real estate community appreciates that the author of the bill heard their concerns and chose to reevaluate, but it is very likely that this measure or an amended version of it will be revisited next year. It is prudent to assume that the sponsors of AB 1059 will continue to press this issue and therefore the commercial real estate industry should continue to work to communicate the benefits of dual agency with policymakers, commercial real estate professionals, property owners, and the public at large, and why banning the practice would harm the entire commercial real estate industry.

Major Points

  • Anti-consumer and anti-choice. Today’s marketplace empowers buyers, sellers, tenants, and landlords to choose a full-service commercial real estate firm that best meets their business needs. If the bill is approved, tenants/buyers will be forced to either work with a tenant rep broker from a firm other than the listing firm or represent themselves, which will result in higher transactions fees and could stifle small businesses’ ability to close transactions.
  • Conflict of interest argument is false. In dual agency commercial real estate transactions the role of the broker is to provide information that creates an understanding of the market on both sides of a transaction in order for both parties involved to make informed business decisions. Many parties involved in commercial real estate transactions purposely choose to work with dual agency brokers, and mandating against this practice is imbalanced.
  • Not a means of protection.  There are currently stringent disclosure requirements in place that ensure all parties to a transaction are fully informed, including an obligation to provide written notice of the commercial real estate agency’s relationships and whether they are acting as a buyer/tenant agent exclusively, a seller/landlord agent exclusively, or as a dual agent representing both sides of a transaction.
  • Adversely affect CRE industry and economy. Approximately 90% of commercial leasing in California’s largest markets is conducted through full service firms generating billions of dollars annually and creating jobs and tax revenues that benefit local communities throughout the state. Mandating single agency would dismantle the commercial real estate sector, affecting companies large and small, and would position California as an even more difficult state in which to do business.


Sources:

AB 1626 (Irwin D) Real estate brokers: dual agency 

AB 1059 (Gonzalez Fletcher D) Dual agency: commercial real estate transactions 

CoStar, California to Consider New Legislation On Dual Agency […]

May 3rd, 2017|Case Study|0 Comments