The Real Estate Diversification Podcast

The RED Podcast

Hosted by the experts at Kansas City Real Estate Law, The Real Estate Diversification (RED) Podcast is designed to help listeners understand the importance of diversifying their real estate assets, and will provide practical tips on how to do so. read less
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Episodes

Ep. 31 | 10 Things To Include In Your Zoning Letter
Sep 7 2023
Ep. 31 | 10 Things To Include In Your Zoning Letter
In this Legacy Series episode of The RED Podcast, Ferd Niemann takes us through 10 Things To Include In Your Zoning Letter.Hosted by Jonathan Gilmore. HIGHLIGHTS: 0:00 – Intro0:59 – There’s 3 types of zoning; legal, illegal and legal non-conforming or grandfathering2:26 – Grandfathering has its roots in voting laws5:19 – A lot of mobile home park land was originally parking lots6:03 – To preserve your zoning, it’s important to keep at least one mobile home on your lot7:25 – A certificate of zoning or a zoning letter is government letter head which is your insurance policy to say you have a zoning right8:41 – Make sure there are no outstanding code violations on the property9:52 – Find out the current zone is12:12 – You want your letter to say a mobile home can be placed on all existing vacant or occupied lots16:30 – You want the zoning letter to reference the location of the homes in the park19:23 – Make sure there are no restrictions on the size of the home or the age of the home20:17 – Make sure there are no requirements or restrictions as it pertains to the concrete pillars or pads under the home21:22 – Usually the city doesn’t care21:23 – Ensure you’re not subject to development code or any new infrastructure requirements, impact fees or development fees based on the transfer of the park22:35 – You want your letter to say the park was existing prior to the code of 1975, although usually this is the first thing cut out24:06 – If the city objects, work out whether it’s worth it25:19 – Threatening to sue and using demand letters works a ton of the time25:36 – If they damage the value of your property, they have taken something from you, meaning if you beat them in court you can pursue legal fees27:33 – If you do sue and win, prepare for an appeal RESOURCES: ⁠Zoning Letter Checklist
Ep. 30 | Title Commitment and Surveys 101 – Part 2 of 2
Aug 25 2023
Ep. 30 | Title Commitment and Surveys 101 – Part 2 of 2
In this Legacy Series episode of The RED Podcast, Ferd Niemann takes us through Title Commitment and Surveys 101 - Part 2. Hosted by Jonathan Gilmore. HIGHLIGHTS: 0:00 – Intro1:13 – The survey is an extension of the title commitment1:20 – Ferd describes the base-level boundary survey3:08 – Ferd describes a typical Alta survey7:16 – The first item on the Alta Survey, Table A is to do with monuments placed9:23 – Number 2 is the addresses of the surveyed property9:52 – Number 3 is the flood zone classification10:19 – Number 4 is the gross land area12:16 – Number 5 is vertical relief with the source of information12:44 – Number 6A is List the current zoning classifications and 6B graphically depicts the setback requirements13:41 – Number 7 is exterior dimensions of all buildings at ground level14:49 – Number 8 is substantial features observed in the process of conducting the fieldwork15:09 – Number 9 is the number and type of identifiable parking spaces15:45 – Number 10 is the determination of the relationship and location of certain division or party walls with respect to adjoining properties16:31 – Number 11 is the location of utilities existing on or serving the surveyed property22:24 – Number 12 is governmental agency survey-related requirements22:40 – Number 13 is the names of adjoining owners according to tax records23:45 – Number 14 is the distance to the nearest intersecting street24:13 – Number 15 is rectified orthophotography24:44 – Number 16 is evidence of recent earthmoving work, building construction, or building additions25:25 – Number 17 is proposed changes to street ride away lines25:46 – Number 18 is the location of any delineation markers26:14 – Number 19 is any plottable offsite26:41 – Number 20 is professional liability insurance27:20 – Ferd recommends that the seller pay for the survey and require them to include any surveys which have been done in the past21:25 – Surveys can be expensive, but they’re a must
Ep. 29 | Title Commitment and Surveys 101 – Part 1 of 2
Aug 18 2023
Ep. 29 | Title Commitment and Surveys 101 – Part 1 of 2
In this Legacy Series episode of The RED Podcast, Ferd Niemann takes us through Title Commitment and Surveys 101.Hosted by Jonathan Gilmore. HIGHLIGHTS: 0:00 – Intro1:02 – There are many title companies out there, it’s not necessarily important which one you use2:05 – The first page is the Schedule A, this includes the date they did the survey on2:56 – Schedule A will tell you what type of policy and the policy amount4:20 – Next on Schedule A comes the proposed insured4:50 – Next Schedule A talks about the interest5:08 – Schedule A says who the title is currently vested in, followed by the land described5:56 – Schedule B notes the requirements and exceptions6:29 – You must be notified if someone else has an interest in the property7:00 – Schedule B will have an affidavit which is basically to say that certain things don’t exist8:22 – Schedule B will have some information about the documents of the title company required9:10 – Schedule B part 2 is the exceptions, Ferd cares about the easements the most and they’re usually slower13:05 – You need to work out what exceptions there are and fix them or work around them.14:15 – This is when your objections come in14:57 – If you have a lender involved, you’re going to need a loan policy16:19 – You can get a closing protection letter19:43 – The final step is the closing statement
Ep. 28 | 10 Land Mines to Avoid in Due Diligence
Aug 11 2023
Ep. 28 | 10 Land Mines to Avoid in Due Diligence
In this Legacy Series episode of The RED Podcast, Ferd Niemann takes us through 10 Land Mines to Avoid in Due Diligence. Hosted by Jonathan Gilmore. HIGHLIGHTS: 0:00 – Intro0:52 – Warren Buffet is much better at avoiding a problem than getting out of a problem1:40 – Advertising your properties4:16 – Most mobile home park owners want to own the land not the homes but most tenants don’t want to buy7:55 – You have to look at the size of the lots and make sure you don’t get hurt with set backs10:10 – Read the zoning code, understand grandfathering and then negotiate with the city11:12 – What are the development restrictions and requirements for maintenance and operations12:00 – Make sure you have an operating city permit13:30 – Run a police report and a sex offender check14:19 – If someone is selling drugs in the park, hire an off duty cop to monitor the park for 2 nights17:33 – Make sure inspect the utility and infrastructure, such as the roads and gas lines18:42 – Make sure your title survey easement review matches up to your inspections20:15 – Inspect the water and sewer21:21 – Make sure there is valid title22:10 – Make sure due diligence doesn’t start until he gets his title and survey24:50 – Inspect the bankability of the property, make sure it will appraise, make sure it will pass the condition requirements for bank financing25:43 – Get a phase one environmental RESOURCES: ⁠Due Diligence Land Mines Checklist
Ep. 27 | 30 Seller Deliverables to Request for Your Due Diligence
Aug 4 2023
Ep. 27 | 30 Seller Deliverables to Request for Your Due Diligence
In this Legacy Series episode of The RED Podcast, Ferd Niemann takes us through 30 Seller Deliverables to Request for Your Due Diligence.Hosted by Jonathan Gilmore. HIGHLIGHTS: 0:00 – Intro2:03 – When do you ask for the seller deliverables?7:16 – Request environmental reports for the property8:04 – Ask for any construction drawings or as built drawings of infrastructure10:24 – Copies of any easement agreements, amendments or derestriction10:33 – Copies of any permits, certificates of occupancy or licenses10:54 – Copies of any leases11:27 – Reports, tests and ratings of the infrastructure11:41 – Any appraisal of the property12:09 – A copy of their current insurance policy12:27 – A copy of any writer first refusal for any portion of the property12:45 – Copy of any property tax bills or assessments13:05 – Any letters of non-compliance from any governmental agencies13:15 – Copies of utility bills13:51 – Copies of all vendor and personnel contracts15:20 – Contact information of all vendors and personnel15:47 – Certified rent role16:13 – List of 5 best and worst aspect of the property16:35 – Copies of their bank statements17:43 – Copies of financial reports18:12 – Copies of tax returns18:51 – List of any capital expenditure over the last 5 years and projected over the next 2 years19:02 – List age and type of material of all utilities and infrastructure19:17 – Status of the utility20:01 – Date and amount of the last 3 rent increases20:51 – The list of any personal property which is included in the sale21:01 – List of any mobile homes included in the sale21:18 – A list of any criminal activity or problems over the last 2 years22:17 – The local police department will give you a report of the criminal activity RESOURCES: ⁠Due Diligence – Seller Deliverable List
Ep. 26 | 30+ Provisions for Effective Purchase & Sale Contracts – Including 4 That Will Save Or Make You Money
Jul 28 2023
Ep. 26 | 30+ Provisions for Effective Purchase & Sale Contracts – Including 4 That Will Save Or Make You Money
In this Legacy Series episode of The RED Podcast, Ferd Niemann takes us through 30 plus provisions that must be in your purchase or sale contract, including 4 that will save or make you money. HIGHLIGHTS: 0:00 – Intro1:54 – Put the full and correct legal name of the seller in the contract2:14 – Put the full and correct legal name of the buyer in the contract3:06 – It’s important to have good assignment language5:25 – Get the legal description of the property and the address of the property in the contract5:45 – List personal property in the contract6:20 – Include the purchase price in the contract6:28 – Include the earnest money deposit amount and date it’s due in the contract6:46 – Include the right of entry in the contract6:54 – Include language about policies and find out what objections you can have7:50 – Reference the condition of the property8:10 – Put in a clause about the risk of loss8:54 – Your due diligence clock shouldn’t start until you have everything from the seller10:17 – Include an extension fee in the contract to buy more time11:10 – Mention seller required actions such as terminating any vendors contracted to the seller14:59 – You need prorations at closing15:23 – Include seller reps and warranties16:37 – Include buyers reps and warranties16:50 – Include a buyers right to terminate18:06 – Make sure you have damage or default19:00 – Have a closing date in the contract19:27 – Include the buyer contact details19:51 – Include a closing contingency for if you need an escape20:37 – Have a buyer/seller cost breakdown21:29 –  If you have a broker, you need to include broker representations22:03 – Make sure you have survival included in the contract22:50 – Have a 10-31 exchange included23:35 – Include a COVID clause, for extensions23:51 – The FERPDA provision is an extra form to fill out if you’re from a foreign country24:16 – There are boiler plate provisions which are usually included25:07 – Have a signature block, obviously25:09 – Include some exhibits like an aerial map26:11 – Finally, have an allocation to purchase price Resources: Purchase and Sale Contract – Key Terms
Ep. 23 | Property Tax Incentives
Jun 30 2023
Ep. 23 | Property Tax Incentives
Welcome to another insightful episode of The Real Estate Diversification Podcast! In this episode, host Ferd Niemann delves into the intricate world of property tax incentives, a crucial aspect of real estate that can significantly impact your investment strategy. Join us as we navigate the complexities of tax incentives, exploring how they function as a catalyst for economic development and job creation. We'll take a deep dive into the specifics of property tax incentives, including tax increment financing, property tax abatement, and exemptions. Ferd will share his extensive knowledge and experience, providing real-world examples and practical advice. Whether you're a seasoned investor or just starting your real estate journey, this episode is packed with valuable insights that can help you make informed decisions. In this episode, you'll learn about: The role of tax incentives in spurring economic development.The intricacies of tax increment financing and how it can benefit your investment.The concept of property tax abatement and how it can make your project more financially viable.The different types of property tax exemptions and how they can impact your investment strategy.The controversial aspects of tax incentives and how they affect the broader economic landscape. Don't miss this opportunity to enhance your understanding of property tax incentives and how they can shape your real estate investment strategy. Tune in to Ep. 23 of The Real Estate Diversification Podcast - your trusted guide in investing wisely. www.REDiversification.com www.KCRELaw.com
Ep. 21 | Historic Preservation Tax Credits
Jun 16 2023
Ep. 21 | Historic Preservation Tax Credits
Unlock the Power of Historic Tax Credits with Ferd Niemann on the Real Estate Diversification Podcast In this enlightening episode of the Real Estate Diversification Podcast, host Ferd Niemann delves into the world of historic tax credits. These incentives, offered at both federal and state levels, are a key component of redevelopment efforts, particularly for historic buildings. But what exactly qualifies a building as historic? Ferd breaks it down for us, explaining the criteria and the process involved in getting a building listed on the National Register of Historic Places. But the episode doesn't stop there. Ferd goes on to explain the difference between a tax credit and a tax deduction, using clear, relatable examples. He also discusses the potential for selling these tax credits, revealing a secondary market that many may not be aware of. This episode is a must-listen for anyone interested in real estate and tax benefits. Whether you're a seasoned investor or just starting out, Ferd's insights into the world of historic tax credits can help you increase your yield and decrease your cash requirements. Ferd also shares his experiences with historic renovation projects, offering a glimpse into the complexities and potential pitfalls of this process. From maintaining the historic character of a building to navigating the legal and accounting aspects of tax credits, this episode is packed with valuable information. Tune in to learn more about this underutilized tool in the real estate toolbox. Whether you're interested in large-scale commercial buildings or smaller projects, Ferd's expertise in historic tax credits can provide you with the knowledge you need to make informed decisions. Don't miss this opportunity to learn from an expert in the field. Listen to the latest episode of the Real Estate Diversification Podcast today and discover how you can leverage historic tax credits in your next real estate venture.
Ep. 20 | Restaurant Investments
Jun 9 2023
Ep. 20 | Restaurant Investments
Welcome back, RED Podcast Nation! In this exciting episode, we delve into the world of restaurant investments and uncover the secret to how many successful restaurant owners turn their passion into profitable ventures. The restaurant industry is a dynamic and diverse sector, offering a range of business models, cuisines, and dining experiences. While it may seem like a glamorous investment with bragging rights, the reality is that many restaurants fail within their first year due to the industry's competitiveness and volatility. But fear not! With the right approach, a restaurant investment can yield substantial rewards. Our host, a seasoned attorney with extensive experience in the restaurant industry, shares valuable insights gained from working with top-notch restaurants and real estate transactions. Discover the importance of owning the real property along with a successful restaurant business, as it often holds the key to true profitability. In the first part of this episode, we explore the pros and cons of investing in restaurants. From creative expression and building a community to the potential for multiple revenue streams and financial rewards, there are plenty of advantages. However, the demanding nature of the industry, high failure rates, intense competition, ineffective management, and operational challenges pose significant obstacles. Your host, Real Estate Attorney Jonathan Gilmore, also delves into discussing the intersection of owning a restaurant business and property ownership. Our host emphasizes the advantages of owning the property where your restaurant is located. With control over design, flexibility in modifications, and the potential for equity building, long-term stability, and rental income, property ownership offers unique opportunities for success. We also delve into the leasing option, highlighting its benefits and drawbacks for restaurant owners. Whether you're an investor considering restaurant ventures or an owner-operator seeking insights to boost profitability, this episode is a must-listen. Our host provides invaluable advice on structuring deals, negotiating leases, and understanding the role of real estate in restaurant ownership. Learn about options like first refusal and the potential for dual investments in both the real estate and operational sides of the business. Join us as we uncover the secrets to thriving in the competitive world of restaurant investments. Remember, invest wisely and seize the opportunities that lie at the intersection of passion, creativity, and property ownership. Tune in now to gain the knowledge you need to make informed decisions and pave your way to restaurant investment success.
Ep. 19 | Oil & Gas Investing
Jun 2 2023
Ep. 19 | Oil & Gas Investing
Are you intrigued by the oil and gas sector but unsure how to get into this dynamic investment arena? Episode 19 of The RED Podcast is here to demystify the process and guide you on your journey. Join Douglas Rainey, Real Estate Attorney at Kansas City Real Estate Law, as he delves into the intricacies of oil and gas investing. Drawing from a rich family legacy in the energy sector, Rainey shares valuable insights into both public and private investment opportunities, from trading in oil futures to exploring lesser-known options. In this episode, Rainey lays out the unique risks and potential rewards associated with oil and gas investments. He dives deep into the workings of royalty interests and override interests, and the desirable assets they represent. He also highlights the significance of understanding the operator's qualifications, business plan, projected revenues and expenses. Whether you're considering an investment in an existing production or weighing the risks of drilling a new well, Rainey offers a comprehensive overview. He cautions about the importance of due diligence and the need for careful review of all operating agreements and business plans. Episode 19 of The RED Podcast is a must-listen for anyone considering an investment in the energy sector. Tune in to learn, understand and prepare yourself for this high-stakes investment landscape. Don't miss out on this opportunity to gain insider knowledge and start your oil and gas investment journey on the right foot!
Ep. 18 | Investing in Farms
May 30 2023
Ep. 18 | Investing in Farms
Episode 18 of the RED Podcast: Investing in Farms - A Bountiful Investment or a Field of Risks? πŸŽ™οΈ Ever thought about diversifying your real estate portfolio by investing in the backbone of our economy - agriculture? This episode explores the exciting world of farm investments and provides you with the knowledge you need to make an informed decision. Join us as we delve into the various types of farms - from crop and livestock to mixed and specialty farms. Uncover the reality behind the investment scale - from small-scale farming that could be your next passion project, to large-scale farming that promises substantial returns. However, as with any investment, there are pros and cons. We'll discuss the potential risks, rewards, and responsibilities that come with being a farm investor. Get a deep understanding of what to consider before jumping in - operational expenses, market demand, environmental impact, and more. We'll help you weigh your options carefully, ensuring you make a decision that suits your financial goals and lifestyle. One crucial aspect that we'll navigate through is the complex field of laws and regulations associated with farm investments. Learn about the environmental laws, zoning, and land use regulations that could affect your agricultural operation, helping you avoid costly legal pitfalls. Lastly, we'll guide you through the process of evaluating farm properties. Learn how to assess agricultural potential, understand infrastructure requirements, and conduct a thorough market analysis. Whether you're an experienced investor looking to diversify, or a novice exploring new opportunities, this episode promises to be an enlightening journey into the world of farm investments.
Ep. 17 | NNN Leases: What Commercial Real Estate Investors Should Know
May 20 2023
Ep. 17 | NNN Leases: What Commercial Real Estate Investors Should Know
On Episode 17 of the Real Estate Diversification Podcast, real estate attorneys Ferd Niemann and Jay Heck dive deep into the realm of Triple Net (NNN) leases, one of the most attractive yet intricate opportunities in commercial real estate. A triple net lease can be a mailbox money maker for investors, but what does it truly entail? This episode cuts through the jargon and serves up the essentials in an accessible and enlightening conversation. Understand why tenants and investors alike find these leases attractive, and the responsibilities that come with such an investment. From base rents and vacancy challenges to CAMs and capital expenditures, our hosts share their firsthand experiences dealing with multi-tenant properties and shopping centers. Get a grip on the intricate art of the lease negotiation process, the complications that arise from differing terms across tenants, and the nuances in handling maintenance costs and capital expenditures. Ferd and J also delve into specific examples, such as how they tackled situations with retail shopping centers and single-tenant department stores. Listen in as they unravel the seemingly complex task of calculating expenses and charging them back to tenants, and how they dealt with unexpected snags. If you're an investor considering a foray into NNN leases, or you're simply looking to broaden your real estate knowledge, this episode is a must-listen. Uncover valuable insights, tips, and strategies that can help you navigate the NNN lease landscape and potentially elevate your investment game. Tune in to this captivating episode of the Real Estate Diversification Podcast and start unlocking the potential of NNN leases today.πŸ”‘
Ep. 16 | Retail Development
May 12 2023
Ep. 16 | Retail Development
Dive into the world of retail development in this episode of The RED Podcast, The Real Estate Diversification Podcast. This expansive conversation will take you behind the scenes of the dynamic and potentially lucrative sector of real estate investing: Retail Development. In this episode, experienced real estate attorneys Ferd Niemann and Jay Heck dissect retail development like never before, contrasting it with other asset classes such as multifamily, single-family, and industrial real estate. They highlight the critical importance of location, tenant mix, and market research, offering practical insights for assessing potential investment opportunities. In in-depth discussion, Ferd and Jay explore the concept of 'tenant mix', a cornerstone of retail development. Learn why striking the right balance between national chains and local businesses is so crucial, and how a well-planned tenant strategy can significantly impact your return on investment. They also unpack the pros and cons of retail development, from the promise of high returns and long-term leases to the inherent risks of market volatility, tenant vacancy, unexpected expenses, and financing difficulties. We demystify the multifaceted process of retail development, offering a roadmap for managing a variety of stakeholders, from city officials to tenants, and beyond. Discover the diverse financing options for retail development, including traditional bank loans, commercial mortgage-backed securities (CMBS), and crowdfunding. We also delve into creative methods like syndications and loans from Small Business Administration (SBA) and Real Estate Investment Trusts (REITs). Ferd and Jay offer a unique perspective on investing in properties with environmental issues. Uncover how these underappreciated assets can be transformed into profitable ventures with a bit of creativity and the right resources. They also delve into the complexities of mixed-use and dense developments, illuminating the potential 'strings' attached by municipalities, and how to navigate them effectively. Lastly, we unravel the construction loan process, detailing the journey from acquisition loan to take-out financing. This episode is a comprehensive guide to retail development - a must-listen for anyone considering venturing into this challenging yet rewarding sector. Join us as we decode the intricacies and opportunities of retail development. Tune in, and let's navigate the exciting world of retail real estate together!
Ep. 14 | A Deeper Dive into Single-Family Residential Development
Apr 21 2023
Ep. 14 | A Deeper Dive into Single-Family Residential Development
Welcome back RED Podcast Nation! In this episode, Real Estate Attorney Jonathan Gilmore takes you on a deeper exploration of the world of single family residential development. This is our second episode on the topic, so if you haven't had the chance to listen to Episode 7 of The RED Podcast, be sure to check it out! In this follow-up episode, Jonathan breaks down the complex process of single family development, from land acquisition to marketing and sales. He sheds light on the integral roles played by Architects, Land Developers, Analysts, Attorneys, and other professionals and explains how they work together to bring these communities to life. Tune in as Jonathan delves into the various stages of development, focusing on key areas such as Land Acquisition Types, Zoning and Entitlement Approval, Due Diligence, Home Design, and Construction. Gain valuable insights into the intricacies of Land Contract Negotiation and learn about essential contractual items to keep in mind when entering into land development agreements. Whether you're an experienced investor or just starting your journey in single family residential development, this episode will provide you with a wealth of knowledge and resources to help you navigate this dynamic and profitable industry. Don't miss out on this opportunity to expand your understanding of single family residential development and learn from the experts. Join us in Episode 14 of The RED Podcast!