Du Diligence period check off list. Do you have one ?

Du Diligence period check off list. Do you have one ?

Investor · Champaign, IL · Member since 2011 · 94 posts · 27 votes

When buying a multifamily with a du diligence period, what is your list of things you are looking for, verifying, double checking and other?

Getting close to making an offer, the selling agent said owner wants to know what I will be looking at during the du diligence period. That got me thinking about a check of list that I should have, so please help me develop one.

Thanks you for you’re input  

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Investor · Bay Shore, NY · Member since 2014 · 1k+ posts · 688 votes
10y
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  • Commercial Real Estate Broker · Fort Collins, CO · Member since 2015 · 308 posts · 151 votes
    10y

    Just off the top of my head:

    Physical Things

    • Property inspection  (should have professionally inspected)
      • All major systems
        • Electrical
        • Plumbing
        • Heating
        • Roof
        • Structural
        • Environmental
        • Etc.
    • Property condition
      • Tenant Condition
    • Property Location
      • Near noise / environmental fact

    Financial / Paperwork

    • Leases
      • Duration
      • Rent Amount
      • Late Fees
    • Condition reports
    • Tenant applications
      • Basic Contact info
      • Employment info
      • Emergency contact info
      • Email
    • Tenant Estoppel Statement
    • Insurance
    • Property Tax statement

    Well, there is a quick start.  I am sure I am missing some . . .

  • Rental Property Investor · Gainesville, FL · Member since 2015 · 1k+ posts · 432 votes
    10y
    Originally posted by @Sarnen Steinbarth:

    Just off the top of my head:

    Physical Things

    • Property inspection  (should have professionally inspected)
      • All major systems
        • Electrical
        • Plumbing
        • Heating
        • Roof
        • Structural
        • Environmental
        • Etc.
    • Property condition
      • Tenant Condition
    • Property Location
      • Near noise / environmental fact

    Financial / Paperwork

    • Leases
      • Duration
      • Rent Amount
      • Late Fees
    • Condition reports
    • Tenant applications
      • Basic Contact info
      • Employment info
      • Emergency contact info
      • Email
    • Tenant Estoppel Statement
    • Insurance
    • Property Tax statement

    Well, there is a quick start.  I am sure I am missing some . . .

    What if some or none of these are available? 

    • For instance, if the tenant is a month to month and the owner didn't do an agreement with the tenant. 
    • Or there was no application. 
    • If the tenant estoppel doesn't align with what the owner told the buyer, then what.
  • Commercial Real Estate Broker · Fort Collins, CO · Member since 2015 · 308 posts · 151 votes
    10y

    @Daria B.

    Well if things don't line up or if it is discovered that items (like rental applications) are missing then I suppose you have a few options:

    • Require that the seller get their stuff together and get the items prior to COE, potentially delaying the close date, or backing up deadlines
    • Negotiate on price and deal with the potential issues as the buyer
    • Terminate the agreement and pursue another property
  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    10y

    Tenant applications

    1. Basic Contact info
    2. Employment info
    3. Emergency contact info
    4. Email

    All invasion of privacy.  The seller must relinquish the lease, but none of the above - - buyer can acquire it all for him/herself.  Also any CR/BG reports in the possession of the seller can not be redistributed at all.

  • Rental Property Investor · Gainesville, FL · Member since 2015 · 1k+ posts · 432 votes
    10y
    Originally posted by @Jeff B.:

    Tenant applications

    1. Basic Contact info
    2. Employment info
    3. Emergency contact info
    4. Email

    All invasion of privacy.  The seller must relinquish the lease, but none of the above - - buyer can acquire it all for him/herself.  Also any CR/BG reports in the possession of the seller can not be redistributed at all.

     What is CR BG?

  • Investor · Bay Shore, NY · Member since 2014 · 1k+ posts · 688 votes
    10y
  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    10y
    Common utilities
  • Gwynn Oak, MD · Member since 2015 · 3 posts · 0 votes
    10y

    For Lead Paint

  • Investor · Champaign, IL · Member since 2011 · 94 posts · 27 votes
    10y
    Originally posted by @Linval T.:

     @Linval T WOW, thanks, very nice

  • Derreck WellsPro Member
    Specialist · Pelham, NH · Member since 2013 · 544 posts · 269 votes
    10y

     Credit Report / Back Ground

  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    10y
    Originally posted by @Daria B.:
    Originally posted by @Jeff B.:

    Tenant applications

    1. Basic Contact info
    2. Employment info
    3. Emergency contact info
    4. Email

    All invasion of privacy.  The seller must relinquish the lease, but none of the above - - buyer can acquire it all for him/herself.  Also any CR/BG reports in the possession of the seller can not be redistributed at all.

     What is CR BG?

    CR:- Credit Report

    BG:- Background Report :grin:

  • Rental Property Investor · Gainesville, FL · Member since 2015 · 1k+ posts · 432 votes
    10y

    Thanks

    @Derreck Wells

    @Jeff B.

    acronyms still elude me... :-)

  • Real Estate Consultant · Camarillo, CA · Member since 2010 · 2k+ posts · 1k+ votes
    10y

    @Linval T.  Thank you for the list.

    In addition to the list of items that you would want from the sell and the property itself, be sure to due your do diligence on the market, the city and the county you are buying in.  Just of the top of my head.

    Police department

    Crime reports

    Gang activity

    Drugs

    Sexual Crimes

    Call outs to the property and nearby neighborhood

    Drug labs

    Fire department

    Call outs Domestic violence

    Drug labs

    Building and safety

    code violations

    Drug labs

    Zoning

    Is property properly zoned?

    Are there zoning changes planned

    Environmental Services

    Are there any concerns about environmental issues in the area of the property

    Flood control

    Are you in a flood zone(very important when getting insurance. This can kill a deal. Ask me how I know that)

    Neighborhood

    Is it single family homes or is it back to back MF

    Are there an unusual number of adult oriented retail stores(adult book stores, Tattoo parlors, liquor stores, check cashing, and pawn shop.

    Supermarkets available

    Bus routes nearby

    Access to the highway

    Postal Carrier

    Ask them anything and everything about the neighborhood

    Retail Sales Clerk

    Ask them anything and everything about the neighborhood

  • Real Estate Consultant · Camarillo, CA · Member since 2010 · 2k+ posts · 1k+ votes
    10y

    Here is a clause that I have in all of my contracts.  It has saved me many times.

    I am not a lawyer so have yours review it

    The Buyer shall have a thirty (30) day Inspection period from the effective date of the contract. Seller will deliver to buyer property information items, listed in item 3 below, to the extent that the items are in Seller's possession or reasonably available to Seller. Any item not in the sellers possession or reasonably available to seller shall be noted in writing to the buyer. Any delay in the delivery of the listed documents beyond the number of days in the contract, section 7D1, shall cause all deadlines based on the effective date to be moved forward the same number of days as the delayed delivery. 

    • Here is item 3 mentioned above
    • 1.Delivery of Property Information Items: Within 7 days after the effective date, Seller will deliver to the Buyer:
    • a)copies of all current tenant applications and leases pertaining to the Property certified to be true and correct, including any modifications, supplements, or amendments to the leases (applications, leases, modifications, supplements and/or amendments to be made available to Buyer during regular business hours at the Property);
    • b)current rent roll (showing lease rent, delinquencies, lease expiration and security deposits paid), certified by Seller to be true and correct;
    • c)most recent 3 months bank deposits;
    • d)a copy of Seller's income and expense statement for the Property for the last 36 months immediately preceding the effective date;
    • e)copies of the Evidence of Insurance for all policies since the last renewal, including invoices, current policy, and copies of the last three years loss run from the insurance carriers for fire, hazard, liability and any other insurance policy that relates to the property;
    • f)copies of all previous surveys, environmental assessments, geotechnical reports, studies, architectural, engineering feasibility studies, “as builts”, plats, or analyses made on or relating to the Property, including maps, plans and drawings;
    • g)real and personal property tax statements and any appraisal notices for the Property for the previous 2 calendar years;
    • h)copies of current capacity letters, and current utility bills from the property's water, sewer, gas electric, trash, phone and cable service providers for the past two years, or permission to access these accounts;
    • i)copy of existing Property Management Agreement; 
    • a)payroll detail – 2012W-2s, YTD monthly, and most recent Y-T-D paystubs;
    • b)a current inventory of all personal property to be conveyed under this contract and copies of any leases for such personal property;
    • c)copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before closing;
    • d)copies of all current service, and maintenance, agreements relating to the ownership and operation of the Property; including but not limited to: Laundry Lease, Cable/Satellite, Electric, Phones, Leasing, Commission, Advertising or other;
    • e)copies of all current warranties and guaranties relating to all or part of the Property;
    • f)current and past capital expenditures for the past three years;
    • g)copies of all work orders for repairs incurred by Seller for the Property in the 24 months immediately preceding the Adjusted Effective Date; (work orders to be made available to Buyer during regular business hours at the Property)
  • Investor · Champaign, IL · Member since 2011 · 94 posts · 27 votes
    10y
    Jeff;

    Thank you for the info, perfect.

    You rock, Don't care what they say bout you. HA 


    Mike Campbell

    Originally posted by @Jeff Greenberg:

    Here is a clause that I have in all of my contracts.  It has saved me many times.

    I am not a lawyer so have yours review it

    The Buyer shall have a thirty (30) day Inspection period from the effective date of the contract. Seller will deliver to buyer property information items, listed in item 3 below, to the extent that the items are in Seller's possession or reasonably available to Seller. Any item not in the sellers possession or reasonably available to seller shall be noted in writing to the buyer. Any delay in the delivery of the listed documents beyond the number of days in the contract, section 7D1, shall cause all deadlines based on the effective date to be moved forward the same number of days as the delayed delivery. 

    • Here is item 3 mentioned above
    • 1.Delivery of Property Information Items: Within 7 days after the effective date, Seller will deliver to the Buyer:
    • a)copies of all current tenant applications and leases pertaining to the Property certified to be true and correct, including any modifications, supplements, or amendments to the leases (applications, leases, modifications, supplements and/or amendments to be made available to Buyer during regular business hours at the Property);
    • b)current rent roll (showing lease rent, delinquencies, lease expiration and security deposits paid), certified by Seller to be true and correct;
    • c)most recent 3 months bank deposits;
    • d)a copy of Seller's income and expense statement for the Property for the last 36 months immediately preceding the effective date;
    • e)copies of the Evidence of Insurance for all policies since the last renewal, including invoices, current policy, and copies of the last three years loss run from the insurance carriers for fire, hazard, liability and any other insurance policy that relates to the property;
    • f)copies of all previous surveys, environmental assessments, geotechnical reports, studies, architectural, engineering feasibility studies, “as builts”, plats, or analyses made on or relating to the Property, including maps, plans and drawings;
    • g)real and personal property tax statements and any appraisal notices for the Property for the previous 2 calendar years;
    • h)copies of current capacity letters, and current utility bills from the property's water, sewer, gas electric, trash, phone and cable service providers for the past two years, or permission to access these accounts;
    • i)copy of existing Property Management Agreement; 
    • a)payroll detail – 2012W-2s, YTD monthly, and most recent Y-T-D paystubs;
    • b)a current inventory of all personal property to be conveyed under this contract and copies of any leases for such personal property;
    • c)copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before closing;
    • d)copies of all current service, and maintenance, agreements relating to the ownership and operation of the Property; including but not limited to: Laundry Lease, Cable/Satellite, Electric, Phones, Leasing, Commission, Advertising or other;
    • e)copies of all current warranties and guaranties relating to all or part of the Property;
    • f)current and past capital expenditures for the past three years;
    • g)copies of all work orders for repairs incurred by Seller for the Property in the 24 months immediately preceding the Adjusted Effective Date; (work orders to be made available to Buyer during regular business hours at the Property)
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