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All Forum Posts by: John Vanhara

John Vanhara has started 16 posts and replied 38 times.

Originally posted by @Greg Dickerson:

@John Vanhara I would need more info to be able to help. What type of construction, what is the site development cost, permits and impact fees, what is your intended use!

The buildings are industrial warehouses. Concrete till up. Small office in each warehouse. 

I would risk buying without Phase 1 as long as I know there was no possible polluting business located previously on the property (for example gas station). For the ALTA I did most of the deals without it. But when selling one buyer did the survey and found out about encroachment of my building on neighboring land. The encroachment was there for 30+ years. No one ever complained about anything. He bought anyway, but I thought the deal will fall apart.

Building cost went up significantly. Building an industrial warehouse was $100 psf few years ago. Now it is almost double. Any advice how to lower the cost? Manage the project myself? How to proceed? I have time and don't mind if the building takes longer. But looking for any way to lower the cost. The permits are almost issued (last few corrections). Project is in California.

Post: Reccomendation for CC&Rs lawyer

John VanharaPosted
  • Torrance, CA
  • Posts 39
  • Votes 4

Anyone can recommend cost effective lawyer for preparing set of CC&Rs documents for small development project (industrial and in California). Planning department is requesting those. We are not even sure if we want to sell the industrial units as condos, but want to have that option open for the future. Looking for some simple, clean set of CC&Rs documents.

I am planning to do reverse 1031 exchange. First buying replacement property (currently in escrow). The title will be held by EAT (The Exchange Accommodation Titleholder) till I sell relinquished property.

What makes me little bit nervous is that the title is held by EAT (unrelated entity). I am providing cash to purchase (as a loan to EAT). 

Anyone experienced. What is my protection if things go wrong (bankruptcy, fraud, etc.)? Is there a risk? How to mitigate it?

Post: AIR contract consultation (California)

John VanharaPosted
  • Torrance, CA
  • Posts 39
  • Votes 4

I am looking for someone very experienced who can do in depth consultation regarding AIR NNN Single Tenant Industrial contract. I am pretty familiar with it, but want to talk about nuances & possible issues. My goal is 100% understanding.

The rain gutters were not cleaned. Water was dropping on the side of the building. Association notified us that we need to paint the building because it looked horrible. Is this considered repair, which can be charged immediately to tenant as part of NNN expenses? The amount is pretty substantial as this is big building. Or can the tenant argue this is capital expense which should be expensed over useful life. I am trying to find arguments how to charge it immediately as tenant might leave the building soon.

I have a tenant who is not doing well, but the current management is not willing to find any solution. The time is coming where they will be not able to pay rent. I want to be ready for the moment and do eviction quickly. The industrial warehouses are located in California, Nevada and Oregon. I am looking for a great attorney.