Considering to Sell?

 Purchasing a property is most likely the biggest financial decision you will ever make.

 Property ownership is an excellent investment; whether you are looking for your dream home, a rental property, or to expand your investment portfolio.  

Why do you want to sell your property?    Deciding to sell your property demands a serious consideration of your current financial situation and future possibilities. You should immediately establish your time frame for selling.   Being clear about your intentions for selling will make it easier for us to determine the most appropriate option for your specified financial, lifestyle, and real estate goals.   We will keep you up-to-date on what is happening in the marketplace and the price, financing, terms and conditions of competing properties. 

 Our experience with acquisitions, dispositions and 1031 exchanges combined with our national resources allow us to market each asset quickly through numerous local and national sources to maximize the value. We have the resources, knowledge and experience to assist each buyer or seller in making the best investment decisions. 

Home staging is effective because it emphasizes a property's strengths and minimizes its weak points. It allows your home to be shown at its maximum potential. Presenting a well-cared for home and creating a property that gives a positive first impression. 

 Land development is both an art and a science. It is an art that builds on creativity, instincts and vision to transform an idea from concept into reality. 

• Site selection and analysis
• Pro forma and budget analysis
• Acquisition and development financing
• Collaboration with an extensive network of industry professionals to implement all requirements in order to complete a successful project.

 Tips for Buying and Owning a Vineyard

• the size of the property you need.
• the size of the vineyard you feel that you can operate.
• the types of grape that you want to plant.
• any future expansion plans.
• how much you can afford to invest and what your expenses are likely to be.
• the location of your vineyard.
• whether you want to be close to a wine trail.
• 
  

Connecting You with Vineyard Management Resources To Provide Recommendations:

• Sustainable & Eco-Friendly farming practices 
• Identify the environmental resources of the site
• Assess the soils, slope, solar, wind, drainage, and temperature systems that impact the vineyard
• Determine plantable acreage
• Evaluate soils for classification, depth, structure, chemistry, fertility, drainage, pathogens, and nematodes
• Estimate irrigation requirements
• Investigate, test, and evaluate potential water sources
• Assess the regional climate for varietal suitability, frost hazard, precipitation, heat summation
• Investigate regional varietals and market conditions
• Recommend a development plan

Grape Contracts

I will connect you with an attorney to review and draft Grape Contract, and there are three basic models to consider.

1.) The Tonnage Contract:

The first model, and often the default model in young or emerging wine regions, is the tonnage contract. The tonnage contract is, on its face, a contract where a winery contracts with a grower to purchase a specific varietal of grapes for a price per ton. There may be percentage allotments greater or less than the stated figure, but overall, the winery knows the quantity it will be getting of X varietal from the grower, and at what price. 

2.) The Acreage Contract

The second model, the acreage contract, looks at the relationship between the wine and vineyard differently. Often, an acreage contract is developed for the following reasons: 1) the winery wishes to seek lower yields on a specific block of the vineyard so as to increase quality and flavor concentration, 2) the winery wishes to retain a specific vineyard block to knowingly work with year after year - whether due to quality considerations, consistency in fruit, or both, and 3) the winery may have specific viticultural practices the winery seeks to have implemented that can only be done by segregating a portion of the vineyard, and keeping track of those activities they wish to see performed. Estimates for vineyard production can generally be very accurate, and the winery may have a target for the production that comes from the winery. The important element is that the winery has greater input as to whether a block is producing 2 tons of premium Pinot Noir from the acre, or 10 tons of under-ripe Merlot per acre. Because the price is set based upon a delineated parcel, the grower and winery are confident they will both be able to obtain what they need from the transaction.

3.) The Lease Contract

The third model becomes slightly more complicated, but offers potential benefits to both the winery and the grower. A lease of land, either already under vine or to be cultivated, may offer a winery long-term stability in the knowledge that it will continue to work with the same parcel of land and the same vines, while have the freedom and flexibility to do with those vines what it deems fit and necessary to achieve certain quality ends. A lease of land has the added benefit of providing the winery with a possessory interest in the vineyard, and there the possibility of transition into an estate winery, if they did not already have vines under acre that they were producing wine from. In order to be an estate winery, a winery must have an interest in the land where the grapes are grown, and produce and bottle wine from said grapes in the same viticultural area. In addition to a lease for the land, the winery may contract with the grower to cultivate or continue farming the land, and ensure an excellent harvest.  

Tips To Consider Before Buying or Selling A Winery:

Before you do anything else, obtain a preliminary title report from a local title company for your property, and have your attorney review it. Check to make sure title to the property is in the correct name; if there have been mergers, name changes or other changes in ownership, consider what impact these might have on your ability to convey the property to a buyer.

Just as you should make sure that your ownership of the land is clear, you also should attend to the ownership of any intellectual property associated with the winery. If you have trademarks for your brand, you should verify that these trademarks are owned by the wine business and not by individuals or other related parties. Often, you will want to have all of the winery’s assets owned by the wine business itself; this means that individuals or other owners do not have to be parties to the contracts.

Next, you should review the winery’s employees and consider which employees are critical to the success of the business. If those employees need to stay in place and be willing to work for the buyer in order for the business to be marketable, then you should consider putting into place an employee incentive agreement with each of them.

Another part of your preparation should be to gather together all of your local, state and federal permits and licenses and review them to make sure you have complete copies of everything and that your operations are in compliance. We suggest going to any state and local agencies and ordering a complete copy of their files so that you can ensure your records are complete.

If you rely on third party grape sources or other outside suppliers, you should review those contracts. As an initial matter, make sure the contracts are in writing, and that they match the actual practice between the parties.

The question of transactional authority has two components: legal authority to sign transaction documents, and day-to-day decision-making during the deal process.

Last but not least, make sure to show any offers or letters of intent to your attorney before you sign them! We cannot emphasize this last point strongly enough. Although letters of intent often state that they are “nonbinding,” California law takes a more complicated view of the process and can sometimes impose on the parties a binding obligation to negotiate in good faith. In other words, you can be stuck with a letter of intent, even if it says it is non-binding.

With regard to all of the issues raised here, the more you know and the more you prepare going into the sales process, the better the outcome is likely to be. Putting your paperwork in order, preparing for a transaction and determining a structure that is right for you are all integral aspects of a successful deal. As with so many other aspects of life, in the process of selling a wine business an ounce of prevention is indeed worth a pound of cure.

Published in the North Bay Business Journal.

 https://www.fbm.com/wine/publications/selling-your-winery-7-issues-to-consider-before-putting-your-winery-on-the-market/ 

Important Things To Consider when Buying Land for Horses, Livestock & other Agriculture Use:

Location, Accessibility, & Acreage

The location, accessibility, and acreage are the first three things you should determine. The location of your equestrian real estate should be in close proximity to riding schools, local vets, feed and tack stores, training facilities, and so on. 

Pastures, Soils, & Natural Habitat

The next step is determining whether there are enough pastures so that you can manage them according to the rotational grazing system, checking the soils, and examining natural habitat.  There are 12 soil types in whole. The ideal soils are said to be the sandy, loamy, organic soils. These will impact the quality of grasses for pasture growth. You will have to allow your pastures to rest for six weeks at least twice a year, so keep that in mind too.  And finally, examine the natural habitat. You must make sure that there are no toxic plants or weeds around (such as Stinkwort or Ragwort) as these may harm your horses if they eat them accidentally.

Slope Stability & Riding Opportunities

Unfortunately, not every horse ranch offers enough riding opportunities. If your acreage does not have enough space, you will probably have to find a nearby arena.  Similarly, an ideal slope percentage should not be more than fifteen percent. Gently rolling or flat topography will allow you to control the water runoff.

Water Supply, Natural Water Features, & Waterways

 To continue on the topic of collecting water, let’s talk about waterways, water supply, and natural water features.  Check the maps that show where natural water is located in order to then check the water rights protecting them. You must also examine the waterways to see if they are lined with proper material that will prevent erosion and divert water from vulnerable areas. One horse drinks approximately 5-10 gallons of water per day, so make sure that your horses get enough water.

Well, Septic System, & Drainage

 Some horse properties have wells and septic systems which can be both a blessing and yet another headache. If yours has any of these, inspect them, request the seller pump out the septic tank, and ensure that the leach field is not under the pastures.  Proper drainage is also crucial. Inadequate drainage can lead to the land being muddy which brings a bunch of other problems your horses will suffer from. To prevent this, visit the estate after a rainstorm and see where the water accumulates. You can also install a berm, a ditch, or a drain line.

Zoning & Expansion Potential

When buying your equestrian real estate, make sure that you understand the local zoning laws. If you are purchasing it abroad, you can hire a consultant or translate the documents yourself by using such online localization services as The Word Point, where professionals will review the documents and provide you with a high-quality translation. Likewise, if you are planning to expand your acreage in the future, be sure to examine the neighboring territories and see if you are satisfied with them. 

Structural Safety

The safety of your structures should be a priority. Examine every building separately to see if there are any problems with them. Some smaller issues such as broken stalls or fences can be replaced, but beware of sagging foundations as these are virtually unfixable.

Stable or Barn

There are two situations you can get in with this: either there is a barn or a stable, or there isn’t. If there is one, it should have space for storing hay and equipment as well as providing enough space for all your horses.  If there is no barn, you can build one. First, however, you will have to go through the county permitting process. You can then plan out the barn yourself or hire someone to do it. If you are an enthusiast who wants to do it himself, make use of such software as PlanGrid or others to create a blueprint to follow while constructing.

Tack Room

Just like the stables, a tack room must also follow some basic requirements:

It must be secure and dry.

It must be located in a convenient place.

It should be able to store food, saddles, bridles, blankets, and other equipment.

It should have adequate lighting and storage conditions.

Shade & Shelter

This is important especially in the case when you don’t have a barn or stable. There must be a run-in shed in the paddock areas for shade, intense winds, or rain. Moreover, you must remember that caring for your horses in winter is different than in summer and will require extra caution and additional conveniences if you are located in a region with a colder climate.

Storage & Parking

Just like your horses need enough space for riding, your iron horses need enough space for parking and storage. These include trailers, manure spreaders, tractors, and arena maintenance equipment among others. All of them should be stored in good conditions in order not to break or wear out too fast.

Riding Arenas & Fencing

Riding arenas require an adequate base first and foremost. Then, you should pay attention to drainage and proper footing. These are crucial for the arena to last longer and for your horses to be ridden in good conditions.  As mentioned above, broken fences can be fixed, but if your horse ranch comes with suitable fencing, it instantly adds value to the property. Good fencing ensures safety, durability, and visibility.

What to consider before you Buy Commercial Real Estate:

• Understand your motivations for investing in commercial real estate.
• Assess your investment options.
• Secure financing.
• Partner with the right team.
• Find the right property in your market.
• Do your homework.
• Make an offer and close the deal.

 1. Remember Everything Takes Longer 

Compared to residential investing, everything takes longer. Due diligence is months instead of days. Finding new tenants takes longer. Build out or renovation is longer. But the leases are longer, as well. Patience is key. It just takes longer.

 2. Understand The Market 

 Investors need to understand the market they are investing in. Having a good wherewithal of the fundamentals (legal implications, competition, vacancy, rents, etc.) will allow them to make savvy investments that could yield high returns. This will enable investors to fine tune their commercial real estate investments and diversify their portfolio.

 3. Consider Area Demographics And Trends 

When investing in commercial real estate, the investor needs to consider demographics and trends for the area. Do they play into the reason for investing? Do you plan to develop? If so, find a local broker who understands the area and knows the playbook of the local authoritative agencies. You will need to understand civil engineering and environmental law in this playbook! 

 4. Assess Risk By Property Type 

Risk assessment is very different in commercial when compared to residential real estate, and varies greatly by property type. The success of two residential properties right next to each other is typically similar, while commercial buildings in a similar position could fluctuate independently, so it's important to understand the range of risks inherent to your potential investment. 

 5. Avoid Failing Businesses Or Business Models 

If your tenants include restaurants, grocery stores, bars or business models that are migrating online (like banks), you need to assume that they will default on their lease at one point, and you need to prepare your insurance correctly to make sure you are covered when that happens. Search for failing businesses and do your best to not deal with them as there may not always be a golden parachute. 

 6. Know The Time Frame For All City Approvals 

After working with more than 75 different city jurisdictions for the overall city permit approvals, I know it can take one month or even a few years prior to receiving a building permit. Before buying a commercial property, set up a meeting with the local authorities to determine the required approvals — from planning and zoning, site plan, city council, etc.  

7. Understand Market Trends' Impact On Demand 

It's important to understand the dynamics of the property type you are selecting. For example, if you are looking to invest in retail, consider the near- and longer-term impacts of e-commerce on tenant and consumer demand. If you are looking at offices, consider how trends like co-working and telecommuting could impact demand for office space in your market. 

 8. Be Ready To Have An Active Role 

Investing in commercial real estate is not a passive investment. The most successful investors take a very active role. They have systems and processes in place to ensure that the property is achieving its maximum operating potential. They are constantly keeping tabs on development and economic trends in the local market, as well as broader economic trends. 

 9. Find Capital Or A Good Deal

To be successful in commercial real estate you need two things: capital or a deal. Currently, the market is flush with capital and if you can find an attractive deal, the equity will be there for you. If you don't have a deal and are worried about high valuations, finding a patient source of capital should be your priority. Lining these two items up will give you the credibility to be successful. 

 10. Consider CRE Debt Instead 

To be successful in commercial real estate you need two things: capital or a deal. Currently, the market is flush with capital and if you can find an attractive deal, the equity will be there for you. If you don't have a deal and are worried about high valuations, finding a patient source of capital should be your priority. Lining these two items up will give you the credibility to be successful. 

Published in Forbes

Commercial Cannabis Real Estate Resources.  

California law created a regulatory framework for licensing medical marijuana operations, but uncertainties of local and federal law means finding commercial property for these businesses presents a unique set of challenges that requires a specialized team of professionals.  Let us help you expand your portfolio of real estate and diversified assets.   

Determine whether  you will be creating a new venture, an LLC or Corporation, as that will most likely be necessary to provide as we move forward with a property.   I have a attorneys that I work with  who specialize with 420 properties to coordinate with for mitigation and require language to include with our contract.  I will connect you with an  Engineer and Geologist who can provide a water sustainability consultation and recommendation for soils analysis.  As with anything that pertains to land and development projects, it is site specific, so these resources are generalized.  If you have specific questions about any property or in general, feel free to ask as often as you would like to clarify and help me with the research for you.  I hope this is helpful and look forward to connecting back with you soon.  

 https://www.northbaybusinessjournal.com/topics/?t=cannabis