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    Business

    The Real Estate Espresso Podcast

    Welcome to The Real Estate Espresso Podcast, your morning shot of what’s new in the world of real estate investing. Join investor, syndicator, developer, and author Victor J. Menasce as he shares his daily real estate investment outlook. Our weekday episodes deliver 5 minutes of high-energy, high-impact content to fuel your success. Plus, don’t miss our weekend editions featuring exclusive interviews with renowned guests such as Robert Kiyosaki, Robert Helms, Peter Schiff, and more.

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    Latest Episodes:
    The Fed Can't Stop It Feb 26, 2021
    Show notes

    On today’s show we’re looking at the trajectory of interest rates for the coming months. This is widely covered in the mainstream news. If we only repeated what you could read in the Wall Street Journal, or on CNBC then this show would not be adding any value. So we’re going to dig a bit deeper into the analysis of the Fed Chairman’s remarks to the Senate Finance Committee earlier this week to make sense of what it means for real estate investors.

    There were two major items of business at the Senate Finance Committee meeting this time around. #1 was to get the economic update and statement from the federal reserve chairman Jerome Powell. Second was to confirm Janet Yellen as Treasury Secretary. Janet Yellen was chair of the Fed before the appointment of Jerome Powell. So she is interacting with her counterpart in the Fed from the perspective of someone who used to occupy that chair.

    When Janet Yellen was chair of the fed, she was beating the drum about the need to print money to keep the economy healthy. Now as Treasury Secretary, she’s beating that drum even louder even before being formally confirmed in the position.

    Even before the Senate Finance Committee meeting, we have been seeing a lot of market activity.

    The low interest rate environment is driving demand for refinancing of debt into lower cost debt. I can tell you from conversations I’m having with lenders that their origination desks are over-flowing with demand for refinances. This is true a traditional banks, commercial lenders, and even the loan insurers like Fannie Mae, Freddie Mac and HUD.

    The department of housing and urban development divides the nation into regions and services loan requests out of their regional offices.

    I’m hearing that the HUD office in Fort Worth Texas has such a backlog that they will not even assign an analyst to look at a file for three weeks after receipt of an application. The delay in the San Francisco office is now more than 6 weeks before they will even look at a new file.

    Achieving inflation that averages 2 percent over time helps ensure that longer-term inflation expectations remain well anchored at the FOMC's longer-run 2 percent objective. Hence, following periods when inflation has been running persistently below 2 percent, appropriate monetary policy will likely aim to achieve inflation moderately above 2 percent for some time.

    So this means that they’re going to hold interest rates low even once inflation is shown to be above the 2% target for a period of time. They reiterated the intention to continue the current stimulus until late into 2021 and likely into 2022.

    Fed Chairman Jerome Powell said strong demand is driving Treasury bill yields close to zero.

    “It’s a lot of demand for short-term,” said Powell. “There’s a lot of liquidity, and people want to store it” in Treasury bills.

    Powell said Treasury instruments are the concern of the Treasury Department, and the Fed is more concerned about keeping its target fed funds rate in its targeted range of zero to 0.25%. So he recognized where the extra cash is ending up, and basically said that it’s Janet Yellen’s problem to issue the treasury notes.

    Paradoxically, the yield on the longer term treasury notes has been rising in recent weeks. It’s an indication that the sentiment of inflation remaining low is not being widely accepted by the market. The dollar is losing value against major currencies and the yield for US Treasuries is going up.

    The reason we focus on the 10 year treasury is that most permanent financing interest rates are based on a rate lock that is tied to the yield on the 10 year treasury.

    The benchmark Treasury note jumped above 1.50% on Thursday afternoon after investors showed weak demand for $62 billion of 7-year notes. The 10-year note yield climbed 15 basis points to 1.54%.



    In Sickness And In Health Feb 25, 2021
    Show notes

    On today’s show we’re talking about how to buy a business.

    We are in the middle of negotiating the purchase of a business. The seller’s accountant proposed that rather than purchase the assets of the business we should consider buying the shares of the company instead. So on today’s show we’re going to do a deeper dive on the merits of a share purchase versus an asset purchase.

    When you buy a business in its entirety, you’re buying everything within the business, all of its assets and all of its liabilities.

    This has some risk to the buyer because liabilities come in two different forms. There are actual known liabilities, and then there are contingent liabilities that can be hiding beneath the surface.

    I’ll give you a simple example to explain the difference between the two.

    Let’s say that you borrow $100 from the bank. Then you owe the bank $100 and that gets listed on the company’s balance sheet as a liability.

    But let’s say that you signed a contract and that contract has a clause which says you’ll defend the other party in the contract if they get sued for whatever reason. In legal terms, this is called an indemnity, in which you agree to indemnify or hold harmless the other party against a risk. For example it’s common to have an indemnity for the employees of a business in case they get sued in the course of doing their job. The employer would agree to defend the employee against a law suit that was brought against an employee if that suit was connected with the work they were doing for the company.

    Now let’s say that a so far, there are no lawsuits against the company, or its employees. Let’s say that a year later, one of the employees gets slapped with a lawsuit connected with their work for the company. That potential for a lawsuit would be considered a contingent liability. But in truth, not only is it a contingent liability, it’s also an unknown liability.

    Another form of contingent liability is a future tax liability. The tax owing is a function of a number of complex factors. Let’s say that the company has been claiming depreciation and that has the effect of lowering the cost basis of some of the inventory or equipment in the business. Let’s say that you then decide to sell that equipment and because it might have been depreciated for tax purposes faster than it actually depreciated in the open market, you now are facing a capital gain on the sale of a piece of used equipment. It could be a piece of equipment or a building. It doesn’t matter. The principle is the same.

    So when you buy a company bu purchasing the shares of the company, you’re buying all of the assets of the company and all of the liabilities. In practice, it’s almost impossible to know the liabilities of the company.

    When you purchase the assets of a business alone, you still have enough to continue the operation of the business. It’s a bit like saying I want to buy a deck of cards, but I only want hearts and spades because they’re an asset. You can keep the diamonds and clubs because they’re a liability. Oh and you can keep the joker as well because I don’t know what that is. I can operate the business just fine with just the hearts and spades.

    A share sale looks so simple on paper.

    An asset purchase may seem more complex at first. You need to dissect the business and list the parts of the business you want to buy. You will need an asset purchase agreement.

    If the business you’re buying is going to have some intellectual property, then you may want to govern that with an intellectual property agreement.

    If the seller is going to provide services to the buyer for a period of time, then you’ll need a transitional services agreement. The added cost and complexity of dissecting the business now is worth the benefit of knowing that the business cannot contain any landmines in the future.


    Abuse of the Word Feb 24, 2021
    Show notes

    On today’s show, we’re going to dissect a word where you probably think you understand the meaning.

    That word is used often. It makes headlines. In fact it’s a highly abused word, especially in the news.

    That word is “Economy”. You’ve probably attended a talk on the state of the economy. I’m going to emphasize, “the economy” as if there is only one economy. Some economic indicators you’ve heard are things like gross domestic product, unemployment, workforce participation, consumer price index. All of these metrics are used to describe the state of the economy.

    Let’s run a little retrospective on the past 12 months. The past year has been among the most tumultuous in economic terms in recent memory.

    In the United States the economy experienced a loss of 22.36M jobs over an 8 week period from February to April. That amounts to 14.7% of the workforce lost their jobs. But these job losses were not uniform at all. The worst states were Michigan, Vermont, Nevada and Hawaii all having job losses exceeding 20% in a matter of weeks. Michigan was the worst at 23.8% of all jobs lost.

    At the other end of the spectrum Oklahoma, Wyoming, Nebraska and the District of Columbia all had job losses less than 10%. Oklahoma lost the feast jobs at 8.5% of jobs lost from February to the trough in April.

    Let’s look at the recovery from April to December. How many of the lost jobs were recovered? Well the results vary widely.

    Some states like New Mexico only recovered 31% of the lost jobs during the pandemic. Texas recovered 64.4% of the lost jobs and Idaho and Utah recovered 102 and 103.6% of the lost jobs respectively. In Utah and Idaho, the economic downturn has been erase like it never happened.

    So for the year ending December 31, 2020 Hawaii is down 13.8% for the year, and Utah and Idaho are up 0.6% for the year. There is no one single economy.

    For those who have lost their jobs, and exhausted their unemployment benefits, they’ve burned through their savings, maxed out their credit cards and probably dipped into their retirement savings in order to make ends meet. For them, the current conditions are among the hardest they’ve experienced in their life.

    For the vast majority, those who have jobs, who kept their jobs, they kept their incom

    e. They didn’t have much to spend it on. The personal savings rate across the US went from an average of 7% before the pandemic to a peak of 35% during the middle of the pandemic before settling out to an average savings rate of 18% for the year. Not surprisingly, with all that extra cash in the system, few places to spend it, credit card debt reduced by about 12% across the nation.

    You see there is not one single economy. There are a number of macro economic forces that are at play. They will disrupt the current situation. Imagine taking a chess board, throwing all the pieces up in the air and seeing where they land. Some of the chess pieces will land in a vulnerable spot. Others will land in a winning spot. That’s called luck. If we look to the random nature of that jump ball situation, we will be either winners or losers. But all of that neglects that we have agency, we have the power to change our own personal direction to adapt to the market conditions as they are on the ground. That agency means we can make conscious decisions to play defence and wait it out, or play offence and capitalize on the market conditions. So what does that mean?

    Business is nothing more than a sport of solving problems that people are willing to spend money to solve. If you can be seen in the market as a credible solution to a given problem, you can do good business.

    It’s not the market’s job to come to you. It’s your job to solve a business problem that people are willing to pay money to have solved. When you look at the world through that lens, the economy is irrelevant. In fact, there is no economy.


    Looking Around The Corner Feb 23, 2021
    Show notes

    On today’s show we’re talking about the link between online and offline and the world of real estate in particular. When I look to see where real estate is going, I look to online innovators. That seems counter-intuitive. After all, we live in an offline world.

    When we think of the online world, your first thoughts might go to Facebook, or Instagram, or TikTok or ClubHouse. How could those technologies possibly disrupt the world of real estate? It makes no sense.

    In my view, the disruption to the physical world is going to come from the online world. The catalyst for disruption in real estate won’t come from a new building technology per se. Although there are a number of innovations in technology that are changing the way buildings are designed and constructed.

    I look to those companies that are upending business using technology. We’re talking about how Travis Kalanick, the founder of Uber, and most recently of Ghost Kitchen startup called Cloud Kitchens.

    This was merely an idea a year ago. Today, some top chefs in NYC have abandoned their expensive real estate and are serving the take-out market out of commercial kitchens located in less expensive industrial space, rather than the prime location kitchen with the fancy ground floor restaurant dining room attached.

    I attend a daily meeting with Glenn Sanford, CEO of EXP Realty. You might be wondering what I’m doing hanging out with the CEO of a real estate brokerage. I’m not a real estate agent and don’t want to be. Apart from the word of real estate, there’s no real connection.

    What sets Glenn apart from others in the space is that he speaks like a software designer. He uses language, terms and metaphors that came out of the world of software development. It’s not an act. He simply exudes it. As we’ve talked about recently, When I look at the systems he has used to build his business, there’s no doubt in my mind that he is thinking scalability, the kind of scalability that can only be matched in an online world. His company has experienced the kind of growth that only a software company can achieve. It would have been near impossible in a bricks and mortar business.

    It used to be the case that an impressive office with a sprawling lobby and layers of assistants made an impressive first impression for a prospective client, or an aspiring employment candidate. Today, that’s a distant memory.

    I’ve been using zoom for meetings for several years now. But my use of zoom has expanded dramatically. Even in the past week, I have spent no less than 6 hours a day in zoom meetings on some days.

    In December of 2019, zoom had about 10 million daily active participants. By March this had grown to 200 million and by April, over 300 million. How did zoom scale their enterprise by a factor of 30 in the span of months? The ease of use of zoom and the excellent performance made this possible. It turns out that Zoom uses Amazon’s web services data center. They’re one of the largest suppliers of third party data services. Amazon’s server farm was easily able to scale the service offering to meet the needs of zoom’s growth.

    None of these shifts individually represent a major change. But cumulatively, the compound effect of all these changes on the design of real estate is significant. I don’t need to dedicate as much wall space for book cases anymore.

    How many people used to have a video studio in their homes 20 years ago? Hardly any. Today, I know of dozens. If I was designing a home for this coming decade, I would be designing it differently compared with only a few years ago. Back in the day, homes and apartments used to have a built -in cabinet for the delivery of fresh milk. Today, nobody would even think of that. But a secure e-commerce locker makes a lot of sense.

    We know that technology is changing rapidly. We have no idea what building technologies will look like in 30 years from now.


    You Can't Make This Stuff Up Feb 22, 2021
    Show notes

    On today’s show we’re talking about what happens when your local bureaucrats make a mistake.

    I’ve encountered the odd time when a plans examiner makes a mistake. These are relatively rare, but in retrospect they happen far more often than I care to think.

    We’ve experienced these problems from time to time. But I also keep hearing about problems like this. In fact, I’d go so far as to say this happens with alarming regularity.

    In the case of one of my consulting clients, the fire Marshall stamped a set of drawings and returned them as having been approved when in fact, the plans had never been examined at all. The property owner was under the impression that they had fire Marshall approval. About a month later, the building department admitted that the fire Marshall had indeed made a mistake and stamped the wrong drawings. These plans had never been looked at. Not only that, the fire marshall demanded a number of changes would be required to the plans in order to comply with the building code. Upon review of the requested changes, in the opinion of the architect, the fire Marshall had erred in their interpretation of the building code and that the installation of a complete fire suppression system was not required.

    This second story involves a problem with one of our projects currently under construction. The plumbing connection to the city was approved. However, the plans examiner who was supposed to review the plumbing design retired in the middle of the permit approval. The plumbing drawing was given a rubber stamp but never actually reviewed. The chosen water meter was inappropriate for the size of project and would not have given an accurate reading. Naturally the plans department was very apologetic. It was a mistake that never should have happened. Nevertheless, the problem needed to be fixed. As a result, the metering had to be redesigned with an added onsite cost of $18,000. The problem was only discovered in the field by the building inspector during the plumbing inspection.

    In another case, we had a plans examiner on a project who had trouble interpreting the rules for a property situated on the corner. The property was fronting on one street and had its side yard on the second street. This is normal on most corner lots. But the plans examiner was having a hard time figuring out where the front of the property was located. So they applied the rules for the front of the building at both the front and the side. They argued that the property essentially had two fronts, and therefore had to comply with the front yard setbacks for both. The plans examiner argued that the design did not comply with the zoning, even though the zoning department had approved the design.

    In another case, we had a building nearing completion and the on site building inspector argued that the plans examiner who approved the design did not allow sufficient sprinkler capacity on the top floor of the building. The inspector demanded that we run a 5” sprinkler pipe up the exterior of the building to supply additional water pressure to the top floor. Now, for those of you who have been following the news lately, you’ll know that water pipes should not be allowed to freeze. Running a sprinkler pipe up the exterior of a building means that no water will reach the top floor for about 4-5 months of the year.

    As you’re undertaking your projects, expect some surprises from your local building officials.


    Mitzi Perdue Part 2 Feb 21, 2021
    Show notes

    On today's show, we're back with Mitzi Perdue. Mitzi is known for being part of the founding family of Sheraton Hotels. Her husband was Frank Perdue of Perdue Farms. Today, Mitzi has dedicated her energy to combatting human trafficking. On today's show you will hear about how some leading technology could be effective in bringing an end to modern day human slavery. To learn more, connect with Mitzi at winthisfight.org.


    Henry Daas Feb 20, 2021
    Show notes

    Henry Daas is a serial entrepreneur and business coach from the NY area. On today's show we're talking about managing risk. To learn more, feel free to connect with Henry at henrydaas.com.


    The Roaring 20's Feb 19, 2021
    Show notes

    During the period from 1914-1918, the first world war gripped Europe. It was the war to end all wars. Wars are inflationary. The first world war was no exception. The US entered the War in 1917. The consumer price index was first developed in 1919, to track to the big inflation of the previous several years, an artifact of wartime, under which the prices of ordinary things available in 1913 had more than doubled. In the 1920s, prices settled a little, to about 170% of the pre-Great War 1913 level.

    The permanent erosion of the dollar, the reality of which first became clear in the 1920s, forced savers to find some instrument that would pay them back in the old way, in money that held its value. The choice was made to capture, via stocks, the forthcoming profits of businesses.

    During the 1920s, the booming stock market roped in millions of new investors, many of whom bought stock on margin. If a new offering came into the market, investors would pile into the stock causing it to shoot up in value. At the height of the 1920’s, there were so many initial public offerings that some of the companies didn’t even have an operating business underneath them. Nevertheless, investors piled in and their newfound paper wealth was cause for celebration. Those company founders who initiated the offering got to cash in on the wave of capital being thrown at the company.

    Of course we all know from the history books how this turned out. On October 29, 1929 it all came crashing down. At the time, only about 1/3 of the banks were part of the Federal Reserve system. Thousands of banks that were not part of the Fed became insolvent. Investors who had margin accounts had to cough up the cash to cover their margin calls. Most didn’t have the liquidity to do so. Banks and brokerage houses called in loans on a massive scale.

    We know that investing in companies that don’t have any income, nor any underlying operations is craziness. We know that high rates of leverage to purchase items that have high price volatility makes no sense.

    So here we are in the year 2021. There have been a number of high pinitial public offerings this past year, despite the pandemic.

    Some of these IPO’s have been different than the traditional IPO.

    A special purpose acquisition company (SPAC) is a company with no commercial operations that is formed strictly to raise capital through an IPO for the purpose of acquiring an existing company. In 2020, as of the beginning of August, more than 50 SPACs have been formed in the U.S. which have raised some $21.5 billion.

    So investors are being told to put up their cash to invest in a business that will complete acquisitions of come unknown companies in the future. You won’t know if the underlying company is a good buy at the time you make the investment. Just trust that the folks making these acquisitions know what they’re doing.

    The securities and exchange commission created the securities act of 1933 for the purpose of protecting the investing public. There are stricter rules around how offerings can be made than existed in 1929. At the start of the 1920’s there was a global pandemic that killed more people than the preceding war.

    Am I the only one who is seeing a parallel between the environment today versus the 1920’s? I realize that a blank check company isn’t exactly the same thing as a shell company with no business, but it sure looks the same from a distance.

    History may not repeat itself exactly, but perhaps it rhymes.


    Simon Black on Japan's Asset Bubble Feb 18, 2021
    Show notes

    Today's show is a reading of an article written by Simon Black on his Sovereign Man newsletter. It was so well written that I just had to share it with you. To learn more about Simon, visit sovereignman.com.


    AMA - No New Gas Pipes Feb 17, 2021
    Show notes

    This question comes from Meg in New Canaan NY.

    Hi Victor

    Hope all is well with you and your family. I have a question with regard to sustainable building practices in real estate investment projects.

    We have been designing our homes using more sustainable building practices for the past several years. Here in NY, the requirements for clean energy are set to get even stricter and, on top of that, we have a moratorium on new natural gas lines in our area that I don’t envision the state lifting in full. For residential, natural gas is not supplied to a development unless there is already gas on site and upgrades to the existing meter are not allowed. For commercial projects it is similar although I don’t know all the specifics.

    I was wondering how you are handling the call for clean energy, energy reduction, and sustainability in your projects. As well, are you seeing any appreciation from the buyers/renters/investors for your efforts to provide cleaner energy and more sustainable, energy efficient buildings? Are people willing to pay more rent in these types of projects or willing to purchase for more of a premium? Do you have more or less investors interested in these types of projects?

    Thank you for your time. I always appreciate your perspective.

    Meg,

    This is a great question. There are two ways to answer this question.

    1. Don’t develop in NY State. There are so many easier places to develop with less overhead, less bureaucracy, lower taxes, stronger demand, better profit margins, and on and on.

    But that’s not a very good answer to your question.

    2) If natural gas is no longer permitted for new installations, you could comply by putting in an electric system and simply pushing the environmental problem onto the electric utility. The old resistive systems are very inefficient and among the most costly to operate. Still, NY has access to relatively cheap power.

    New York State gets 44% of its electricity from burning natural gas. 30% comes from nuclear, and tt buys 18% of its electricity from the James Bay hydroelectric project in Northern Quebec and Labrador. This environmentally friendly alternative to burning fossil fuels flooded 4,500 square miles of forest causing incalculable ecological damage to this ancient boreal forest. But since there were only about 5,000 native indigenous people living in the area, the impact was deemed acceptable and the project got pushed through and built with no environmental assessment. NY state still has four coal fired electric power plants in operation. Natural gas is among the cleanest burning fuels in existence. It’s a bit hypocritical that they’re converting coal fired plants to natural gas at the same time as they’re telling homeowners they can’t use it.

    We have not found a meaningful metric that would make the benefit of a low emissions system attractive to tenants.

    We have found that achieving energy efficiency requires a number of changes to the design. In fact, it has more to do with choice of materials than anything else. This includes more expensive, more highly insulated windows. Naturally, each of these choices increases the cost. Closed cell foam insulation is more effective than other forms of insulation. But again, it costs more.

    By far the most effective and cost effect method of providing heat to a property is by using a geothermal system. This is like a heat pump, except that the heat source is the thermal mass of the ground rather than trying to extract heat from the winter air that is potentially very cold. These systems require a fair bit of land or a deep well in order to gain access to a meaningful heat source.


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