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What Goes Into A Multifamily LOI Offer?

Tom Shallcross • Feb 09, 2023

What Goes Into A Multifamily LOI Offer? 


If you are new to purchasing multi family properties in Chicago, you may be unaware that many times a Letter of Intent (LOI) precedes an actual contract offer. The purpose of the LOI is to outline the general terms and conditions of an agreement before the actual contract is negotiated and finalized. LOIs are popular as they are easy to negotiate back and forth without fear of missing a minute
point that can set up one of the parties for failure. LOIs are a tool to come to agreement on the main big ticket items and then hash out the smaller details within the contract. 


LOIs can come in many different templates and level of granularity, but below are some of the key bullet points that an LOI should encompass:


Purchase Price
- clearly define the purchase price including personal property.


Earnest Money
- what is the amount of earnest money, when is it due, and if applicable, under what circumstances would the earnest money be returned to the buyer? 


Inspection Period
- here is where the buyer defines the time period allowed to not only physically inspect the property, but also inspect all of the seller’s documentation (rent roll, service agreements, T12…etc). Given that sellers may be slow to find all documentation Drexel recommends the following language “buyer will have XX days from the time from the date of receipt of all requested sellers documents and records to perform inspections and examine the records of the Property.” If an LOI states your inspection period is 10 days but the seller doesn’t hand over documents until day 8, you may not have adequate time to review (and the seller is also demotivated to provide everything in a timely manner). 


Financing
- This portion states if the offer is contingent on the buyer securing financing. If there is a financing contingency, how long does the buyer have to lock up a mortgage commitment, what are the expected terms of that commitment, and is there an allowable extension period? 


Closing Date
- what is the expected closing date and what are some of the potential factors that may cause the closing date to move?


Non Solicitation
- It’s beneficial to add a non-solicitation clause to ensure the seller is not bringing in any other parties to cause a bidding war. Here is an example of the clause: “Upon the execution of this letter of intent and until the transaction is closed or sooner terminated, neither Seller nor its agents shall seek or solicit any offers for the Property, nor shall they discuss or negotiate a possible sale of the Property with any person or entity other than Buyer.”


Although you will have the chance to finalize a contract after the LOI, the terms of the LOI are expected to migrate to the contract. If you have put a 15 day inspection period in the LOI, the seller is going to expect that same 15 days in the contract so it is important to put time and effort into your LOI and ensure it is indeed setting you up for success. 


Questions on how to structure your LOI? Feel free to reach out to Drexel Properties for a free consultation at
info@drexelproperties.com 


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Chicago Property Management Best Practices
By Jeff 03 Jun, 2023
If you’re managing more than 10 units, it’s time to change how you think about leasing. Every time you allow a unit to become vacant for one month between tenants, you lose 8.3% of that unit’s potential revenue. The good news is that if you have a 10-unit property and a unit sits vacant for a month, it’s really only a 0.83% loss of revenue. However, if you turnover 4 apartments on average, letting these units sit vacant results in a 3.3% revenue loss. In real dollars, if the average rent is $1,200, you have a $4,800 loss of annual revenue. If you are looking to sell or refinance, the impact is significant. At a 6% cap rate, $4,800 of additional NOI amounts to $80,000 of value. The bottom line is that you want to avoid letting your apartment sit vacant. This means you need to know when a current tenant is moving out. You do not want to learn this just a few days before they leave. Leasing begins with renewals! Send out renewal notices early (remember in Chicago, you need to do this 120 in advance for any tenant living in their home for 3+ years). Follow up with them to sign their renewal or confirm they plan not to renew. It’s completely reasonable to expect tenants to commit to their renewal at least 30 days ahead of lease expiration. In fact, 60 days ahead is reasonable as well. Knowing a unit is coming available sets you up to get it leased. Knowing a unit is leased allows you to plan for the turnover between tenants. Knowing ahead of time when you need to prepare and clean an apartment allows you to plan and schedule resources to get the job done quickly. . You may ask, how do you manage turnover when you have tenants moving in and out on the same day, or a day apart? The answer will surprise you. Drexel Properties has been doing this for 21 years and we have learned that overwhelmingly, people are reasonable and flexible. It appears that 80% of the time one of the parties has flexibility - either the tenant moving out can do so a few days early or the one moving in has the ability to move in after the 1st. It turns out that only once in a while you need to deal with what I refer to as the “clown car move” - the move-out and move-in happen the same day. Keep in mind that leases end on the last day of the month and begin on the 1st. This means that people are homeless overnight. Of course in the real world, it doesn’t work that way. The bottom line is, having the lead time, planning ahead, and communicating often will make the transition between tenants go smoothly. If you are on the north side of Chicago and looking for better property management solutions, please contact Drexel Properties for a consultation.
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