Leasing and Letting (SAMPLE submission) Flashcards

1
Q

Explain an example of when you have provided marketing/sale strategy to a client.

A

If we take the example from my case study I worked alongside the marketing agent to develop the marketing strategy which involved a marketing V board, listing on Rightmove and Zoopla, advertising in the agents shop window. Furthermore, I suggested advertising on local property websites as the property hadn’t appealed to the typical buyer of a national auction firm, possibly with a national audience.

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2
Q

Talk me through an example of when you have purchased/sold a commercial property.

A
  1. I inspected and measured
  2. I instructed and reviewed due diligence (Arbo)
  3. Reviewed local market and spoke to agents of similar sites.
  4. Recommended sale by private treaty (knowing I could use informal tender to bring negotiations to a close if I decided so)
  5. Approved marketing particulars
  6. Set the asking price in line with external valuation
  7. 2 offers
  8. I recommended accepting cash offer for quicker sale
  9. Completed legal enquiries
  10. Oversaw exchange and completion of sale
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3
Q

Talk me through your long LH disposal at Durham.

A
  1. Desktop Inspection
  2. Reviewed legal due diligence including RoT
  3. Oversaw tender process
  4. Selected successful agent
  5. Approved marketing particulars agreed marketing channels.
  6. Informal tender - invited bids.
  7. Proceeded to best and final
  8. Recommended accepted higher offer.
  9. Negotiated HoTs
  10. Progressed deal to completion
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4
Q

How did the lease terms affect value and marketability? (Durham)

A

The lease terms were generally consummate with a leasehold office property.

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5
Q

Why did you think the property had not sold at auction? (Durham)

A

I felt the marketing period was not long enough, nor did the property appeal to a national audience

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6
Q

Why did you recommend pursuing informal tender? (Durham)

A

I believed with a longer, targeted marketing period this would generate a sufficient level of interest in the property to create competitive tension. I felt the office market in Durham for a property in a retail park was quite niche, and may not have appealed to Allsop’s typical buyer.

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7
Q

Who was the likely purchaser? (Durham)

A

Owner/Occupier

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8
Q

How did you market the property?

A

Marketing on rightmove/zoopla and the agent’s website. Agent also send a marketing shot out to potential purchasers which they had already established a relationship with. I also recommended marketing on local property websites/blogs (businessdurham.co.uk)

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9
Q

What did you request with bids? (Durham)

A

Submit their best bid;

  • Required date and time of the receipt of the written offer
  • Name and address of the applicant’s solicitor
  • Confirmation of finance arrangements
  • Details of any conditions attached to the offer
  • Confirmation that offers of a variable nature will not be considered
  • The vendor reserves the right to not accept the highest, or any, offer made.
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10
Q

What key factors affected marketability? (Durham)

A

Any title restrictions/previous marketing success/lease terms

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11
Q

Talk me through your assessment of bids and selection of a preferred bidder? (Durham)

A

There was 2 unconditional offers in the best and finals stage, one was £15,000 higher than the other. The higher offer was also a cash offer whereas the lower offer required finance. I recommended accepting the higher cash offer.

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12
Q

How did you respond to legal enquiries - what issues were raised? (Durham)

A

Legal enquiries were generally made in the form of a CPSE form, this included information on physical condition of the property, asbestos report etc as well at utilities information.

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13
Q

What was the outcome of your disposal?

A

The property successfully exchanged and completed within my client’s desired timeframe.

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14
Q

What advice did you provide on marketing, quoting terms and sale method? (Kent)

A
  • After gathering comparable evidence I advised on the method of sale, private treaty.
  • After analysis of my comparable evidence I advised on quoting price in line with my client’s external valuation as per internal governance.
  • I advised on the marketing channels to use for example Rightmove/Zoopla and local property websites/newspapers.
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15
Q

How did you report offers in line with the Purple Book? (Kent)

A

I detailed the offers as soon as was reasonably possible in writing to my client.

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16
Q

How did you carry out AML checks?

A

I didn’t personally undertake the checks the agent did, but I have familiarity with smartsearch platform which was used and I reviewed the smartsearch check to ensure the purchaser had passed.

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17
Q

Which offer did you recommend accepting and why?

A

I recommended accepting the cash offer over the one which required finance, as they offers were at the same level I advised my client that there would be less risk and the possibility of quicker completion of sale accepting the cash offer as the loan process may have delayed proceedings.

18
Q

What did you include in the marketing particulars? (Durham)

A
  • Address
  • Size
  • Use class
  • Description
  • Tenure
  • EPC
  • Agent contact details
19
Q

Why did you recommend accepting the cash offer over finance?

A

Speed – the offers were the same level and due to one of the client’s aims being to reduce holding costs I advised that accepting the cash offer would likely mean to sale could complete quicker, as the finance offer also required waiting until the potential purchaser had sold their house in Manchester.

20
Q

What was included within the Heads of Terms? (Southwark)

A
  • Seller
  • Buyer
  • Property
  • Purchase Price
  • Exchange and completion (February 16th, 2018 – after board approval on 30th January).
  • Japanese Knotweed – seller suspects knotweed present, buyer acknowledges this and accepts this. Does not entitle the buyer to refuse to complete nor any reduction in the purchaser price.
  • Costs
  • Solicitors
21
Q

What was your rental/yield evidence for Durham?

A

Rental evidence: £9-12psf

Yield 9%

22
Q

What were some of the key lease terms for Durham?

A

User Class: Restricts use to B1 or A2 - financial and professional services and businesses
- No structural alterations other than repairing of defects
- Repair and keep in good condition at all times
May assign or underlet is new lease imposes same restrictions
- No mention of LTA 24-28
- Landlord insures the property and plant - tenant pays 25%
- SC usual quarter days (circa £100pm)

23
Q

Can you talk me through the Background for Hayes?

A
  • Owner occupiers may be dissuaded given the level of up front capital and mortgage requirements to facilitate purchase of the asset, Accordingly a property of this stature would be suited to a local investor or developer
  • Can only be used for residential
  • Predominantly residential area comprising a mix of semi-detached and terraced 2 storey houses.
  • Hayes and Harlington train station 0.9 miles
  • Hayes and Harlington will also benefit from upcoming Crossrail
  • Site area 0.2Ha
  • Average condition
  • Comparables around £450,000 (£450-£550psf)
24
Q

What should be included in your TOE for agency instructions?

A
  • Agency basis (sole/joint/multiple)
  • Agency rights (selling/agency)
  • Proposed fee
  • Marketing costs and disbursements
  • Confirmation of no conflicts of interest
  • Money laundering regulation requirements
  • Timescale for the payment of fees & disbursements
  • Details of the practices complaints handing procedure
25
Q

What was your marketing campaign for port street?

A

Brochure produced (c.£2500)
Targeted marketing through mailing list (use software eg campaign logic)
Marketed in property week/eg (£1,750 for half page per week)
Marketing board
Data room (£1,500)

26
Q

Why did you use a brochure?

A

Clearly display initial information on a scheme before providing additional clarity through provision
of leases etc.
Useful marketing tool
Provides initial snapshot for investors to decide whether to invest time in additional DD.

27
Q

How many brochures did you get printed?

A

Produced brochure in house with help of architect so minimal cost. Produced 100 hard back
brochures at a cost of £3000

28
Q

Was there a disclaimer on the brochure?

A

Yes. To protect against Misrepresentation and Misstatement.

29
Q

What did the disclaimer say?

A
  • CBRE acting as agent on behalf of vendor
  • Particulars are general outline only and do not constitute any part of offer or contract
  • CBRE used reasonable endeavours to ensure information is correct but pruchasers should
    not rely on them as statement of fact and should conduct own inspection, searches,
    enquiries, surveys or otherwise
  • CBRE Limited as such cannot be held responsible for any loss based upon the content of the
    particulars. - No person in the employment of CBRE has any authority to make any representation
    whatsoever in relation to this property. - all purchase prices and rents are correct at the date of publication and are quoted exclusive
    of VAT. - Lease details are given as a guide only and should be confirmed by your solicitor prior to
    exchange of contracts.
30
Q

Why is there disclaimer there?

A

To protect against misrepresentations and misstatement – reduce liability of company

31
Q

What size board did you use?

A

Didn’t use board. But aware that you could use 2sqm or 2.3sqm v board

32
Q

What other regulation go with the board?

A

CPRs and BPRs

TCP control of advertisements regulations 2007

33
Q

Can you tell me how you bring a sale to a conclusion after offers?

A

Evaluate best bid
Prepare and agree HoTs
Instruct solicitors
Exchange contract and Execute as deed

34
Q

What steps do you take before producing brochure?

A

Before creating marketing particulars for disposals I ensure that a comprehensive inspection of the
subject property has been conducted. This ensures I am able to comply with CPRs, with the
marketing documents accurately representing the subject property.

35
Q

What regulations were you aware of with mailing list?

A

data protection 1998
Estate agents act (content)
CPR, BPR, Misrepresentation (content)
Freedom of information 2000 (right of access for public to info held by public authority)

36
Q

What regulations were you mindful of when responding to enquiries?

A

CPRS, estate agents act 1979, Misrepresentations, Bribery Act

37
Q

What information was in the central village brochure?

A

Location, description

  • Planning consent and where to find further info
  • Sale by informal tender
  • Size of site
  • Tenure
38
Q

How did central village brochure comply with regulations?

A

CPRs, Misrepresentation, Misstatement.
Due diligence and disclaimer
Sent to client for approval that information was correction.

39
Q

How did bidders at central village give proof of funds? Why was this important?

A

Bank statement within the last 7 days (in their name or in the company name that can be attributed
to them)

Funds can be transferred into solicitors account to show intent and that deposit money is immediate
available.

40
Q

What marketing techniques would you use for the sale of a secondary office building to be offered with
vacant possession?

A

I would undertake an appropriate marketing campaign, erect a board and utilise any knowledge of occupiers requirements either within the subject property, for example, adjacent occupiers, or those nearby.

41
Q

When would you recommend an existing tenant to quote a premium for his leasehold interest when
seeking to dispose of his interest? How would you calculate the value of the premium?

A

Where the tenant has a profit rent. The difference between the profit and market rents would be calculated and a multiplier applied which reflects the remaining length of the term.

42
Q

What marketing techniques have you used successfully? Which are the most cost effective?

A

Marketing appropriate to the property, ensuring the property has had an appropriate exposure to the
market. This ensures the marketing is cost effective.