facebook pixel Acquiring NNN Properties in a DST Structure | FGG 1031


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Triple net leased properties (NNN) are those where the tenant is responsible for paying for all taxes, insurance, maintenance for the property (the three nets). Triple net properties remain one of the most popular asset classes for real estate investors who are seeking relatively low management responsibilities and stable cash flow. We would like to share some unique perspectives that investors have shared with us that have caused many to consider other asset classes when considering a DST ownership structure for triple net properties.

Alignment of Loan Term with Lease Term – Most DSTs are financed with loans that are due in 10 years. These loans generally have steep prepayment penalties if the loan is paid off substantially before the loan maturity date. While DST loans can often be assumed with minimal cost, most DST programs project that a sale and return of capital along with any applicable appreciation will not be completed until close to the loan maturity date. Triple net properties with less than 10 years remaining on their lease term can experience a loss of value due to increased perceived buyer risks that the tenant(s) may not renew or that new financing will be more costly and difficult to obtain. Therefore, investors should review the length of the remaining lease term at the projected future sales date and determine the probability of recovering all their initial invested equity. In a worse case, even with appreciation, there may heightened risk that the exit value may not provide for a full return of invested equity.

Adjusting Rents to Meet Changing Market Conditions – Leases in most NNN properties often limit annual rent increases to amounts that are negotiated at the time that the lease was executed. In some cases, these previously negotiated increases may not be enough to cover market changes that may develop if, for example, inflationary pressures cause more rapid future market rental growth. During times of heightened inflationary expectations, investors will tend to move away from assets that have fixed rents to those assets where rents can be more rapidly adjusted e.g., residential, storage, hotels, parking lots, etc.

Maintenance Monitoring – While triple net leases require tenants to maintain their rented properties, owners nevertheless need to remain vigilant and periodically inspect properties to make sure that the lease obligations are being met. Tenants who are experiencing negative economic pressures are likely to cut corners unless they are actively monitored and compelled to honor their lease commitments.

REIT Exit Strategies – Some DST sponsors offer options for investors of NNN properties to convert their DST ownership into shares of a REIT later. A REIT or Real Estate Investment Trust is another form of group ownership that many investors find attractive. This option may be particularly appealing if the REIT ownership shares are publicly traded and if the conversion from a DST to a REIT provides an opportunity for earlier liquidity and possibly added upside due to favorable future market conditions. However, investors should understand that the conversion of DST ownership interests into REIT shares results in the loss of 1031 Exchange options going forward. That is, once the conversion to REIT shares is completed, the accumulated gain on the future sale of those shares no longer be deferred via a 1031 Exchange – and tax consequences are likely to result upon future sale.

We encourage all investors who are considering NNN leased properties to ask for our assistance to analyze pros and cons before finalizing their investments.

Article citations: nnn properties, triple net lease properties, 1031 property, nnn leased properties, exchanging real estate
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BIO : Paul Getty

Paul Getty is a licensed real estate broker in the state of California and Texas and has been directly involved in commercial transactions totaling over $2 billion on assets throughout the United States. His experience spans all major asset classes including retail, office, multifamily, and student and senior housing.Paul Getty’s transaction experience includes buy and sell side representation, sourcing and structuring of debt and equity, work-outs, and asset and property management. He has worked closely with nationally prominent real estate brokerage and investment organizations including Marcus Millichap, CB Richard Ellis, JP Morgan, and Morgan Stanley among others on the firm’s numerous transactions.Paul Getty also maintains a broad network of active buyers and sellers of commercial real estate including lenders, institutions, family office managers, and high net worth individuals.

Prior to founding First Guardian Group/FGG1031,Paul Getty was a founder and CEO of Venture Navigation, a boutique investment banking firm specializing in structuring equity investments made by institutions and high net worth individuals. He possesses over 25 years of comprehensive worldwide business management experience in environments ranging from early phase start-ups to multi-billion dollar corporations. His track record includes participation in IPOs and successful M&A activity that has resulted in investor returns of over $700M.

Paul Getty holds an MBA in Finance from the University of Michigan, graduating with honors, and a Bachelor’s Degree in Chemistry from Wayne State University. He is a member of Institute of Real Estate Management (IREM), a Certified Property Manager Candidate (CPM), and a member of the US Green Building Council.Paul Getty holds Series 22, 62, and 63 securities licenses and is a registered representative with LightPath Capital Inc, member FINRA /SIPC .

Paul Getty is a noted speaker, author, and actively lectures on investments and sales and management related topics. He is author of The 12 Magic Slides ,Regulation A+: How the JOBS Act Creates Opportunities for Entrepreneurs and Investors , and Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST), available on Amazon and other retail outlets.

There is no guarantee that any strategy will be successful or achieve investment objectives. All real estate investments have the potential to lose value during the life of the investments. This material does not constitute an offer to sell nor a solicitation of an offer to buy any security. Such offers can be made only by the confidential Private Placement Memorandum (the “Memorandum”). Please be aware that this material cannot and does not replace the Memorandum and is qualified in its entirety by the Memorandum.

This material is not intended as tax or legal advice so please do speak with your attorney and CPA prior to considering an investment. This material contains information that has been obtained from sources believed to be reliable. However, FGG1031, First Guardian Group, LightPath Capital, Inc., and their representatives do not guarantee the accuracy and validity of the information herein. Investors should perform their own investigations before considering any investment. There are material risks associated with investing in real estate, Delaware Statutory Trust (DST) and 1031 Exchange properties. These include, but are not limited to, tenant vacancies, declining market values, potential loss of entire investment principal.

Past performance is not a guarantee of future results: potential cash flow, potential returns, and potential appreciation are not guaranteed in any way and adverse tax consequences can take effect.  The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities. All financed real estate investments have a potential for foreclosure. Delaware Statutory Trust (DST) investments are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments. Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions. Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits.

IRC Section 1031, IRC Section 1033, and IRC Section 721 are complex tax codes; therefore, you should consult your tax and legal professional for details regarding your situation. Securities offered through registered representatives of LightPath Capital, Inc. Member FINRA / SIPC. FGG1031, First Guardian Group, and LightPath Capital, Inc. are separate entities.

DST 1031 properties are only available to accredited investors (generally described as having a net worth of over one million dollars exclusive of primary residence) and accredited entities only (generally described as an entity owned entirely by accredited individuals and/or an entity with gross assets of greater than five million dollars). If you are unsure if you are an accredited investor and/or an accredited entity, please verify with your CPA and Attorney prior to considering an investment. You may be required to verify your status as an accredited investor. Member of LightPath Capital, Inc.

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