We recently asked our readers what theyโd most like to read about onย our Blog. Apparently youโre not getting your fix of nightmare material from the movies, because for many of you, your answer was, โCRE deals gone bad and horror stories!โ
You asked to hear about commercial real estate deals that didnโt pan out as expected. Well, ask and ye shall receiveโฆ
Below are a few not-so-wonderful tales from CRE professionals. To steal a quote from Dragnetโs Sergeant Joe Friday, “Ladies and gentlemen: the stories you are about to hear are true. Only the names have been changed to protect the innocent.”
“Three Restrictive Covenants and Youโre Out!”
Three adventures from one real estate attorney:
Covenant Story No. 1, โThe Italian Villasโ
A client was buying property around [a high-end retail corridor] to build some Italian looking villas. He engaged us to get the propertyโs land use approved.
He had a big model made up of the villas to show the city council. Must have weighed 60 lbs. We got the zoning approved, and I asked him โWhat are you going to do about the restrictive covenants?โ He said, โWhat are those? How do I get rid of them?โ
We werenโt hired to do any of his acquisition or title work, but figured out he had to get 51% of the property owners to waive the covenant. So he took this big model around to all of them, but couldnโt get more than 49%. Long story short, he had to sell. Didnโt lose his shirt, but had to sell.
Covenant Story No. 2, โJudas Saves the Dayโ
Another client hired us to handle their zoning approval, but no acquisition or title work. They were based out of town, so they hired a local broker to buy the properties they needed for the project.
He bought up all the properties, paid way more than what they were worth because he had to assemble them, and didnโt seem to do any due diligence. Heโd sit in his office, people would come, heโd give them a check, and theyโd give him title. They did no title searches at all.
Anyway, they were having a horrible fight with the neighborhood getting the property rezoned, but we got it approved. The neighborhood then said, nope, canโt build it because of these restrictive covenants. Of course, they didnโt know about the covenants because they hadnโt done any title work.
But their story ended better than the villas. They hired the neighbor who was the main objector to go around to the other neighbors and get their approval. She got them.
Covenant Story No. 3, โTwice Bitten, Thrice Shyโ
This guy was assembling single-family residential parcels for a commercial project and came to us to rezone the properties. I told him weโd handle the zoning, but before we started he had to see if the properties heโd been buying had any restrictive covenants. So he looks, and they did.
He had to sell.
“Politics as Usual”
One memorable adventure from a CRE consultant:
I was working with a developer buying old commercial properties to assemble into one new project. It was going to be a pretty significant deal because he had people lined up for new office space, national retailers, apartments…
But the whole deal hinged on the city paying for some of the construction costs. For the most part the city council was supportive. They liked the idea of getting rid of the old buildings, getting new shops, jobs.
But one of them, donโt ask me why, was fighting us every step of the way. He demanded that local businesses get space in the project, which was fine, but then he kept asking for more space, and then reduced rent for them, and then this and then that.
There were other problems with the project, and it might not have worked out even if this councilman wasnโt around, but he sure seemed to be the straw the broke the camelโs back. One day weโre getting ready for another council meeting, then thereโs another demand from him, and next thing I know the developer is taking his project to a different city.
I donโt know if that was really a horror story because the developer ended up okay, but I donโt think the city was really happy the project disappearedโฆ
“Politics as Usual (Dรฉjร Vu)”
One last adventure from a real estate lawyer:
We were hired to get a development and zoning plan approved for a large commercial project. We got the approvals, but before we could pull permits the next-door neighbors, a good-sized residential subdivision, starting calling their reps and complaining about the project theyโd just approved. They were pretty well organized and very vocal.
Iโm not going to make this too long, but essentially a majority of the council decided that theyโd rather ignore state law and hold up our project than explain to their constituents that it had already been approved.
Two years and several lawsuits later we started construction.
You know why? It wasnโt the suits. The courts hadnโt acted yet. It was because the rest of the city was so angry at what the council was doing that they voted them out!
Gotta love politics.
Your Turn
Okay, now that weโve shared a few, it would be great to hear from you. If you have a CRE horror story, or even just a thriller, give us the gory details in the comments section below!