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Asset management: Pandemic forces major changes – Real Estate News EXchange

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Bill Logar, KingSett Capital executive vice-president of asset management. (Courtesy KingSett)

Shutdowns imposed to curtail the spread of COVID-19 have changed the way real estate assets have been managed over the past two months, a trend which will continue as more people return to work.

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Cushman & Wakefield executive managing director of asset services Molly Westbrook moderated a three-person panel discussion in a recent Real Estate Forums webinar exploring some of the issues property managers have been dealing with.

Topics included: differences between the four major asset classes; rent collection; technology and innovation; and what to expect in the future.

Retail has been the poorest-performing of the four major real estate asset classes for the past few years and it’s also been the hardest hit by the pandemic.

KingSett Capital executive vice-president of asset management Bill Logar believes some retailers may have to recreate themselves. He thinks the asset class will take longer to recover than others and it will be slightly different in the future.

“The poorly located and merchandised retail is going to suffer a lot,” said Crestpoint Real Estate Investment Ltd. vice-president of acquisitions and asset management Max Rosenfeld. “I think good retail’s going to continue to be strong.

“It’s not going to be a pretty next 12 to 24 months, but if you’ve got a good building in a good location, that retail’s going to be more valuable on the other side of this.”

Panelists agreed the industrial and multifamily asset classes have largely held their ground.

“I think the most uncertain asset class is office,” said Fiera Real Estate senior vice-president of investment operations Peter McFarlane. “There aren’t many people in office buildings (right now) and the future of office remains uncertain, given that we’ve all got used to not being in our offices.”

Rent collection

Fiera manages about 1,230 commercial tenants and 800 residential tenants at its properties, according to McFarlane. The company approved 177 two-month commercial deferrals, to buy time to figure out more about the crisis.

“Now we’re at a point where we’re all thinking about going back to work, but no one knows the duration of this event,” said McFarlane.

“In our minds, it doesn’t make sense to keep negotiating new agreements every month for an undetermined period of time. We have a duty to collect rents.”

More rent payments were collected from industrial and office properties than retail locations, where Fiera’s April collections were more than 70 per cent.

“A lot of our retail portfolio is open-air and that’s certainly faring better than the enclosed malls,” said McFarlane.

Fiera had almost no residential rent deferral requests and had collected 98 per cent of rents for both April and May. McFarlane expects that number to decrease the longer the crisis lasts if it eats further into people’s savings.

Logar said KingSett received just 30 rent deferral requests from its approximately 3,400 multiresidential units.

The company gave three-month deferrals to non-essential retailers forced to close by government order in March.

“In the office and industrial worlds, people have been resilient,” said Logar. “Rent collections have been pretty solid.”

Technology and innovation

While the real estate industry has been introduced to plenty of property technology over the past couple of years, the COVID-19 experience is accelerating the process.

Logar said his company will be evaluating technology uses while also looking at cyber-security risks to try to establish protocols.

With almost entire office workforces doing their jobs from home these days, Logar said companies have made increased use of communications tools including Skype, Zoom and Teams to keep in touch.

“There’s a list of a bunch of physical technologies that we’re looking at now, that we wouldn’t have been looking at three months ago in the same sort of serious way,” said McFarlane.

He cited innovations including touchless door openers, remote keys for doors and elevators, more effective filters for heating, ventilation and air-conditioning (HVAC) systems, temperature-reading cameras and remote mailboxes with cameras.

“Something that has been gaining momentum is technology revolving around monitoring of HVAC, elevators, water consumption and those types of things,” said Rosenfeld.

“I think there’s going to be a lot of emphasis on things that promote security, safety and health as opposed to comfort.”

Asset management in the future

Logar expects to see: restaurants reducing capacities; more curbside pick-ups of goods at shopping centres; changing manufacturing processes; more virtual building tours; and an increased use of online lease applications.

McFarlane said security and hygiene protocols will be enhanced and more people will be encouraged to work from home if they’re sick. Office layouts will also likely change to increase distances between desks.

“It will take a lot of careful and creative design in order to ensure that, if you’re going to make those changes, you don’t do them at the expense of making the office feel like a place that people will want to be,” said Rosenfeld.

Logar believes people are less productive working from home and the lack of face-to-face interaction reduces spontaneity and creativity.

On the other hand, he thinks the experience and knowledge gained from recent events could mean the home replaces suburban backup offices for large companies headquartered in downtown towers.

People have also become used to not wearing business attire from home, and Rosenfeld said more casual dress could become more acceptable for office workers.

Online shopping and deliveries will continue to grow, according to McFarlane.

“Once you get someone hooked who sees how easy it can be, that’s a very sticky customer base and you’ve just pushed a bunch of people further along that online ordering path.

“It may have taken five or 10 years to get there anyways, but now it’s been condensed into a couple of months.”

Embrace change, be ready to adapt

IMAGE: Max Rosenfeld, Crestpoint Real Estate Investment Ltd. vice-president of acquisitions and asset management. (Courtesy Crestpoint)

Max Rosenfeld, Crestpoint Real Estate Investment Ltd. vice-president of acquisitions and asset management. (Courtesy Crestpoint)

Businesses will need to become more open to change, according to Rosenfeld. He’s also unsure if distinctions between real estate asset classes will be as relevant in the future, especially with retail rents expected to flatten or go down and industrial rents anticipated to keep rising.

“I think you’ll get a bit more parity between rents and gross occupancy costs,” said Rosenfeld. “It becomes more about flexibility and how people are using space.”

Office employees will dictate when they want to return and what their workplaces should look like, according to Rosenfeld.

“I think our job as landlords is to make sure we’re listening and that we’re taking in opinions from across our portfolio and from outside our portfolio and from outside of Canada, and trying to incorporate best practices in a way where we are balancing, from a cost perspective, the landlord versus tenant needs.

“Real estate has very much become a recruiting tool for companies. It’s not just a place to have a meeting because you need to have a meeting. It’s a place that you advertise as part of your culture and that enables you to hire talent and bring talent on board.

“I think the talent is going to dictate what the space requirements are in the future and what people want to see. Our job is to be flexible and quick to respond to that.”

With more store closures expected, Rosenfeld thinks people will find new ways to utilize the spaces. He believes it may benefit the arts and artists who, previously, have been pushed to the periphery but now may have an opportunity to access these spaces.

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Former HGTV star slapped with $10 million fine and jail time for real estate fraud – Fortune

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Back when mortgage rates and home prices were more reasonable and manageable, homeowners invested in fixer-upper properties and made them their own. Now these types of projects aren’t as popular. But in the early-to-mid-2010s, HGTV shows including Fixer Upper, Love It or List It, and Flip It to Win It were all the rage as viewers binge-watched dilapidated homes transform into dream properties.

But as it turns out, one former HGTV star’s house-flipping show was masking major real estate fraud. On Tuesday, Charles “Todd” Hill, was sentenced to four years in jail and ordered to pay back nearly $10 million to his victims following his conviction. Los Gatos, Calif.–based Hill, 58, was the star of HGTV show Flip It to Win It, which aired in 2013 and featured Hill and his team purchasing dilapidated homes and fixing them up. Hill then sold them for a profit.

“Some see the huge amount of money in Silicon Valley real estate as a business opportunity,” Santa Clara County District Attorney Jeff Rosen said in a statement. “Others, unfortunately, see it as a criminal opportunity—and we will hold those people strictly accountable.”

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What did Hill do?

According to the indictment shared with Fortune, the accusations against Hill happened between 2012 and 2014, around the time his show (which lasted just one season) began. The indictment shows 10 counts of grand theft of personal property exceeding $950,000; three counts of embezzlement; and one count of diversion of construction funds. Hill could not be reached by Fortune to comment on the indictment, conviction, or sentencing.

Hill was convicted last year of the multiple fraud schemes, including scams that happened before his show aired. This included a Ponzi scheme with evidence showing that Hill had spent laundered money on a rented apartment in San Francisco, hotels, vacations, and luxury cars, according to a press release from the Santa Clara County District Attorney’s Office. HGTV did not respond to requests for comment from Fortune ahead of publication.

“To hide the theft, he created false balance sheets and got loans using fraudulent information,” according to the district attorney’s office. In another case, Hill diverted construction money for personal use. But one of the strangest accounts came from an investor who had poured $250,000 into a property he wanted Hill to remodel. 

Instead, during a tour of the home, the investor “found it to be a burnt-down shell with no work done on it.”

After the district attorney’s investigation, Hill was indicted in November 2019 and in September 2023 admitted his guilt and was convicted by plea of grand theft against all of his victims. He’ll have to pay restitution of more than $9.4 million and serve 10 years on probation.

Victims who spoke at Tuesday’s hearing said they’re still reeling from the financial and professional damages from the fraud, according to the district attorney’s office.

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Botched home sale costs Winnipeg man his right to sell real estate in Manitoba – CBC.ca

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A Winnipeg man’s registration as a real estate salesman has been cancelled after a family vacated their home on a tight deadline for a sale that never went through, then changed brokerages and, months later, got $60,000 less for their house than what they expected when they moved out.

A Manitoba Securities Commission panel found Reginald Wayne Kehler engaged in professional misconduct and conduct unbecoming a registrant when he signed a document on behalf of sellers without their knowledge, reduced the listing price of a home without their approval, and didn’t tell them for nearly a month that a potential buyer hadn’t paid a promised $100,000 deposit.

The sellers, identified as D.R. and P.R. in the panel decision released Wednesday, were awarded $10,394 from the real estate reimbursement fund. Kehler was ordered to pay $12,075 to cover costs of the investigation and hearing.

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The sellers were a military family who had to move in 2020 after the husband was posted to Ottawa.

They chose Kehler as their listing agent, because he had helped them find the home when they moved to Winnipeg in 2018, and they had a good relationship with him, the panel’s decision says.

They  listed their house in May and on June 15, 2020, accepted an offer of $570,000 with possession on July 15. A deposit of $100,000 was to be paid within 72 hours of acceptance of the offer.

Kehler was the salesperson for both the buyer and the sellers — but the sellers say he never told them that.

A form that indicated the sellers knew he was also representing the buyer, dated June 15, 2020, was filed.

While it appeared to be signed with the sellers’ names, they said they didn’t see it until March 2021. One of the two wasn’t even in Winnipeg on June 15.

“Kehler, in his interview with commission staff, acknowledges that the sellers never signed this document — we note that the purported signatures on the form look nothing like the actual signatures of the sellers on other documents,” the decision says.

Kehler told commission staff he’d been authorized to sign on the sellers’ behalf, which they denied. The panel found them more believable.

Once the deal was made, the sellers, believing they had just a month before the buyer would take possession of their home, quickly packed up and prepared to move with their two young children.

Buyer never made deposit

Meanwhile, the buyer hadn’t made the $100,000 deposit before the deadline — but Kehler didn’t tell the sellers.

Kehler told commission staff that was because he thought the deposit was still coming, and he didn’t want to cause more stress for the sellers.

On July 10, just five days before the buyer was to take possession and the day before the family was leaving Winnipeg, the sellers spoke to Kehler — but he still didn’t tell them the deposit hadn’t been paid.

Kehler “said everything was fine,” according to the decision.

It wasn’t until the evening of July 13, when the family arrived in Toronto on their way to Ottawa and just 36 hours before the scheduled closing, that Kehler told them he’d never received the deposit.

Eventually, they received $4,000 of the deposit, but the sale of the house never closed. The sellers scrambled to extend the insurance on their old home and make sure they continued to pay the utility bills, the decision says.

Home relisted

Kehler then recommended they relist the home, and it went back on the market at $574,900.

On Aug. 10, 2020, Kehler recommended the price be reduced to $569,900. Instead, the seller said he should reduce the price to $567,900.

But when the seller looked at the online listing on Aug. 22, it was listed at $564,900.

The sellers also asked Kehler about maintaining the property, since they were no longer in Winnipeg. He agreed he would, but friends ended up going and mowing the lawn, the decision says.

The sellers asked Kehler and his brokerage about what could be done to “make things right,” the decision says, but they never received any responses.

On Sept. 5, they hired a new brokerage to sell the home. Under the new real estate salesman, they accepted an offer on Dec. 13, and closed the deal Jan. 2, 2021, receiving $507,500 for the home.

Kehler’s actions were “contrary to the best interests of the public” and undermined “public confidence in the real estate industry,” the decision says.

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Dr. Phil left speechless after real estate agent claims that squatting is justified by colonization – New York Post

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Dr. Phil spoke with property owners about how squatters are using legal loopholes to occupy properties, but one real estate agent argued it can be justified because of a history of “colonization.”

Wednesday’s episode of “Dr. Phil Primetime” featured one guest named Kristine, a real estate agent who “doesn’t think adverse possession is immoral,” but believes that “people with no housing dying from the elements is immoral.” According to the Legal Information Institute, adverse possession is where a “person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met, and the adverse possessor is in possession for a sufficient period of time.” The requirements and period of time vary by state and city.

In her introduction on the show, Kristine argued that there are “multi-million dollar projects, and they’re just abandoned.” She added that she believes the land of those abandoned projects can be reclaimed.

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She also noted she is working with a client who is “trying to occupy a property” that’s around 300 or 500 acres.

“It’s something that’s so large that you wouldn’t even notice what 2 acres is compared to how many acres are on there,” she said. “Adverse possession is a law that’s left over from both Spanish and English colonization, it is how they took the land from the native people, and it’s a process we can use to take that land back.”


Dr. Phil
Dr. Phil’s guest explained that adverse possession is a law that’s left over from colonization. Youtube/Merit Street Media

“You said that if I’ve got 100 acres or 1,000 acres and somebody goes and gets in a corner of it and adversely possesses 5 acres of it, I’m not gonna miss it, I’ve got 1,000 acres anyway?” Dr. Phil asked Kristine.

“Well, yeah,” she responded. “Can you tell me, if you’re looking at 1,000 acres, could you tell me what 5 acres was?”

Dr. Phil’s jaw dropped, and he said, “Hell yes.”


Real estate agent Kristine
The real estate agent asked Dr. Phil he could pick 5 acres out of 1000. Youtube/Merit Street Media

A landlord named Tony argued with Kristine about how she believes the manner in which people inherit property should be taken into account when it comes to adverse possession.

“We’re not in 1776, we’re in 2024,” Tony said, sparking a wave of applause from the audience.

“Do you think that a corporation that makes over a billion dollars a year is injured by someone taking 5 acres of land?,” Kristine argued.

Another guest quickly interjected with “somebody is.”

Another guest named Patti confronted Kristine by arguing she does not use her car 24-hours-a-day.

“Playing out your scenario, then theoretically anyone on the street should be able to boost your car and drive it, because that car is just sitting around unused,” Patti said, sparking applause from the audience.

“I don’t have a billion-dollar net worth,” Kristine argued, which made Barry ask if having a billion dollars is where Kristine draws the line.

Dr. Phil concluded the episode by commending Kristine for her willingness to defend her beliefs, but said he “100%” disagreed with her.

“It is a lawful thing to do if you do it in the right way, I 100% disagree with your philosophy, but your facts are correct,” he said. “She’s not suggesting people go squat in someone’s home when they go on vacation, she’s talking about something completely different, at another level, and if you’re not a billionaire, she isn’t targeting you.”

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