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Downtown real estate and commercial buildings are struggling. Why won’t landlords lower the rent?

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They call it the “debt wall,” and it is not the kind of wall that protects you. It’s the kind that might collapse and crush your village, or into which you might crash your car. Specifically, it is $1.5 trillion in commercial real estate debt, owed to banks, pension funds, and insurance companies before the end of 2025, and secured by a national portfolio of office, retail, industrial, and multifamily properties that may not be worth what they were five or 10 years ago when those loans got made.

The country’s downtown office buildings, as you may have heard, are in particularly dire shape. The return to the office has stalled, and many once-vibrant business districts have fallen on hard times. According to data from the brokerage Colliers, almost all of the biggest office buildings in downtown Los Angeles are underwater on their loans—meaning, their owners owe more to the bank than the buildings are currently worth. L.A.’s office towers have, on average, more than $230 in debt per square foot, Bloomberg’s John Gittelsohn reports, and the only building to sell this year went for $154 per square foot. That’s a lot of water. The city’s biggest commercial landlord, the Canadian property giant Brookfield, has defaulted on more than a billion dollars of loans this year.

I asked Tomasz Piskorski, a property market expert at Columbia Business School, why we should care if some downtown mogul—or better yet, the shareholders in a publicly traded Canadian office company—takes a haircut on their trophy building. For that matter, why should we care if they have to hand over the keys to the bank? He gave me three reasons: First, because city property taxes will decline with the value of their office districts, prompting the so-called “doom loop”—the downward double-helix of revenue-strapped public services and diminished urban activity, each worsening the other. Second, contagion from abandoned office buildings will spread to retail (no daytime shoppers), restaurants (no daytime diners), and street life (no happy hour!), draining the vitality of urban neighborhoods.

Third: Widespread defaults on loans backed by commercial real estate could prompt a crisis at shaky regional banks, prompting tighter credit, bank runs, and ultimately, a financial meltdown.

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That last scenario, most experts I consulted said, seems unlikely to produce economic catastrophe. That’s for several reasons. For one, the key indicator of whether commercial property owners are failing to make their payments is down year over year, and more than 70 percent below its financial-crisis high. It is creeping up for office space in particular, but don’t let downtown’s struggles cloud your vision: Most office space is suburban, and most “commercial real estate” is not office space—it is also composed of medical offices and malls and warehouses and data centers and even multifamily buildings. Owners of those properties may have their own problems with rising interest rates, but their fundamental business remains sound.

Unfortunately, if you live in a city, you probably do have to care that some big office owners are getting killed on their downtown investments. But you don’t have to panic. In fact, downtown might have a bit further to fall before it can be effectively revitalized. Whether the future of downtown is spiffy, hybrid-work-friendly office space, more complicated uses like labs and biotech, or much-needed conversion to residential, it is only possible if owners and bankers give up on their old model, and their old valuation. Piskorski says: “We need more distress to get things moving.”

There are three separate reasons commercial real estate is being pummeled. First, it’s highly leveraged, or in plain English, landlords usually borrow most of the money they need to buy their properties. Second, interest rates have risen significantly, which means that getting a loan has become much more expensive than it was five years ago. Owners typically refinance the loans in that debt wall, but that’s going to be a pricy proposition this year. Selling is no easier; buyers will also have trouble borrowing money. Third, those rising interest rates are not associated with strong demand, as they have been in the past. As the situation in Los Angeles suggests, no one is sure how many people will want to rent downtown office space in the years to come, and corporations are cutting headcounts as well. This is, well, weird: Usually, an overheated economy with rising inflation would have lots of office demand! But pandemic habits are sticky.

To understand why things need to get worse for downtown office space before they can get better, it helps to understand the incentives facing both beleaguered property moguls and anxious lenders. First the lenders: They want to be paid back, of course. But if that’s not an option, they may not move immediately to repossess a half-empty, underwater skyscraper. A Great Recession–era rule designed to prevent bank failures allows lenders to give struggling borrowers a long leash if the bankers think they might one day get paid back. And they have good reason to “pretend and extend.” This lets them keep that big loan on the positive side of their balance sheet, even if they’re not getting interest payments. But this isn’t great for downtown, because the leniency leaves current owner-operators with little incentive to figure out how to bring their buildings back to life.

“Last time this happened, lenders took possession, sold it off, saw people who bought it for 20 cents on the dollar making lots of money,” said Richard Barkham, global chief economist at commercial real estate giant CBRE. “They’re not in a sufficiently stressed position that they need to initiate that.” For perspective, he added, the residential market during the Great Recession was worth $43 trillion. Today’s commercial market is $21 trillion, of which $7 trillion is office, with just a quarter of that seeing serious problems.

Foreclosure, meanwhile, can be worse for a bank than pretending and extending. It takes time and money, and requires telling your depositors and investors that a big chunk of money has been replaced by an abandoned edifice.

And that might be even worse for cities. “These buildings will go into a process that will make them no man’s land—untended, unwanted, unused,” says Susan Wachter, a professor of real estate and finance at the University of Pennsylvania’s Wharton School. “Banks are notoriously bad owners for making decisions. They’re not entrepreneurs and not in a position to actively manage buildings.”

When foreclosures rocked the nation’s single-family homes 15 years ago, the situation was a little different. Then, like now, owners had overpaid or gotten surprised by interest rates (in that case, variable rate mortgages), and wound up in trouble with banks. But as Aaron Glantz shows in his book Homewreckers, Wall Street investors knew the homes had value, and were more than happy to snap them up at auctions and begin to assemble the sizable portfolio of homes for rent that characterizes many Sun Belt cities today.

What’s happening now is something like the opposite. For one thing, the owners who are defaulting on their commercial real estate loans in 2023 aren’t struggling mom ’n’ pops—they’re big, institutional investors. And the buyers, as Jim Costello, chief economist for real assets at the financial firm MSCI, explained on the Odd Lots podcast recently, aren’t big firms. They’re local buyers with appetite for tough projects and relationships with local land-use regulators. “The folks who have been buying these properties so far are local developer-operator-owner types,” he said. “It’s people who know how to swing a hammer.”

What do things look like from the perspective of a skyscraper owner? Some of them have apparently reasoned that their credit can withstand a default or three. Others seem to be whistling past the empty desks. According to data from Kevin Auble, a research analyst at Cushman and Wakefield, office rents are up 27 percent in downtown Chicago since 2013, even as vacancy approaches 25 percent. In Manhattan and San Francisco, office rent is about where it was five years ago. In Seattle and Houston, office rents are slightly up in that timeframe. In all those cities, vacancy rates have climbed above 20 percent.

Why won’t landlords try to fill a few floors by asking for lower rent? It could be that new leases are mostly being signed at the high end, as corporate tenants seek out smaller, nicer spaces—a phenomenon dubbed the “flight to quality.” It’s also true that “effective rents,” which include concessions and handouts, have fallen more than the sticker price. And with high inflation, a steady asking rent is a real decline.

But if office rents aren’t as battered as the stock prices of publicly traded real estate investment trusts (REITs), it may also be because landlords are holding out for sunnier skies: an “option value.” Lease terms are 10 to 15 years, so if you drop your price, you’re making a long, bearish concession. A big rent drop may also trigger terms in a building loan that force you to refinance. And finally, if a landlord thinks renovation, adaptive reuse, or demolition might be the right move—even eventually—you don’t want some pesky new tenant in there gumming up the works.

Transactions of whole buildings have crashed, probably because sellers are in denial about prices. But maybe things are starting to change. Earlier this month, the Wall Street Journal ran down a list of recent, bargain-basement office sales. Those new, low valuations are going to hurt on cities’ tax assessments, but they free up buyers to do new things. The Journal cites investment manager Hines, which paid $60 million for a D.C. office building this spring—half what it cost to develop it. Too bad for the builder. But good news for downtown, because that low price gave Hines the headroom to renovate and entice a new tenant, law firm Davis Polk, to take half the space.

“That’s the way forward,” said Wachter, of the Wharton School. “Get the buildings in the hands of owners who will be incentivized to transform them. If they purchase them at low basis, with a vision, they have all the upside.”

And for residential conversion, the white whale of downtown reinvention? “Values have to come a lot further down before a wholesale conversion starts taking place,” said Barkham of CBRE. “And in some cases, values might have to go negative.” It would have been hard to imagine, ten years ago, getting paid to take possession of a downtown skyscraper. But it could happen if rental income falls far short of operating expenses. If it doesn’t trigger a regional banking meltdown or a city budget doom spiral, it might, in the long run, help downtown get back on its feet.

 

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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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Banks Believe They Are Well-Prepared for Commercial Real Estate Fallout – The Wall Street Journal

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Banks Believe They Are Well-Prepared for Commercial Real Estate Fallout  The Wall Street Journal

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Home buyer savings plans boost demand, not affordability – Financial Post

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Robert McLister: Tax shelters don’t make housing more affordable, but those with the cash would be foolish not to use them

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With housing unaffordability near its worst-ever level, our trusty leaders are on a quest to right their housing wrongs and get more young people into homes.

Part of Ottawa’s big strategy to “help” is promoting tax-sheltered savings accounts and pumping up their contribution limits. That, of course, stimulates real estate demand amidst Canada’s population and housing supply crises. But save that thought.

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First-time buyers now have three government piggy banks to stockpile cash for a down payment:

1. The 32-year-old RRSP Home Buyers’ Plan — which lets you deduct contributions from your income to defer taxes and then borrow from the account interest-free for your down payment (as long as you wait 90-plus days to withdraw any contributions);

2. The 15-year-old Tax-free Savings Account (TFSA) — which lets you save after-tax dollars, grow your money tax-free and withdraw it without the taxman taking a bite;

3. The one-year-old First Home Savings Account (FHSA) — which is a combination of an RRSP and TFSA. It lets you deduct contributions from income, compound it tax-free and never pay tax on withdrawals used to buy a home. You can even save the deduction for a year when you need it more — when you’re earning more money.

Assuming you have the funds and contribution room, these tax shelters can combine to help you amass a supersized down payment.

“Looking at the FHSA alone, with the max annual contribution room of $8,000 for 2023 and 2024, a potential first-time home buyer could have as much as $16,000 deposited in the account today for a down payment,” says Eric Larocque, chief mortgage operations officer at Questrade’s Community Trust Company.

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“If you also add in the cumulative contribution room of $95,000 for the TFSA, it amounts to $111,000 in potential funds available — and that’s before incorporating investment gains from either account.”

And it doesn’t stop there. RRSP, TFSA and FHSA savings limits keep increasing. If first-timers have enough contribution room, down payment savers in 2024 can sock away even more in these tax-sheltered troves.

“Factoring in the recent changes to the Home Buyers’ Plan, which now permits RRSP withdrawals of up to $60,000 — up from $35,000 — we land at a potential total of $171,000 in deposited funds that can be tapped for a first-time home buyer’s down payment,” Larocque adds.

That’s quite a wad — easily enough to cover the 20 per cent ($139,706) down payment required to avoid mandatory (and pricey) default insurance on the average home. Canada’s average abode is now worth $698,530 by the way, according to the Canadian Real Estate Association.

Here’s the rub: Canada’s living costs are sky-high, and real disposable income has trended downward. So, how’s an average first-time buyer household, raking in less than six figures, supposed to amass such a stash?

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Based on national averages, saving 10 per cent of one’s pre-tax income per year (who does that?) would take a young FTB couple over 15 years to sock away $140,000. History shows what would happen to home values if you waited 15 years — they’d jet off without you.

If you have no other resources and your bet is that historical appreciation rates continue — despite slower population growth, more building and potentially higher long-term rates — you’re better off saving less and buying sooner with a five per cent down insured mortgage.

So, does Big Brother really expect your typical first-time buyer to max out all these savings plans? Nope. But hey, throwing a buffet of options at you sure paints a pretty picture of government effort, doesn’t it?

Ottawa’s dirty little secret is that these nifty programs crank up demand, turning renters into buyers. So don’t bet on them making the home-owning dream any cheaper, for first-timers or anyone else.

Take advantage of them anyway.

The government sets limits on these tax shelters with well-off home buyers in mind. One lucky bunch who can make use of all three down payment savings plans is the first-timer with prosperous parents.

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Such buyers can make a withdrawal from their parental ATM (a living inheritance, some call it), deposit that cash in all three savings vehicles above and reap: hefty income tax savings or deferrals (thanks to the FHSA and RRSP deductions); tax-free/tax-deferred growth on the investments; and tax-free withdrawals if the money is used to buy a qualifying home (albeit, you’ll have to pay the RRSP HBP back over 15 years, starting five years after your withdrawal).

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The more opportunities it gives people to save for a down payment, the more Ottawa worsens the imbalance between purchase demand and supply. And that, of course, boosts real estate values skyward — which is dandy for existing owners but contradictory to the government’s affordability messaging.

But hey, these tax treats are ripe for the picking. Home shoppers with the means — especially those with deep-pocketed parents — might as well take advantage of all three accounts.

Robert McLister is a mortgage strategist, interest rate analyst and editor of MortgageLogic.news. You can follow him on X at @RobMcLister.

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