Commercial Real Estate Investment/COMMERCIAL LEASING

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Question
I am in the process of obtaining my broker's license and am interested in leasing commercial property.  How is commercial leasing commission figured?  I live in the Chicago area.  Thanks.

Answer
Mark-

Although I have not made any transactions in Chicago, it is most common for office space commission compensation to be paid as a small percentage share of the total rent paid (including amounts for scheduled pre-determined rental increases over the full lease term), excluding any optional lease periods and first deducting any monthly rent payments not actually paid based on negotiated months of rental abatement.  

The percentage share  paid as compensation will vary depending upon the geographic area and the specific type of leasing transaction; i.e., warehouse, office, retail, flex, etc.   Normally the percentage rate of commission in an area is related to the overall strength or weakness of the leasing market in that area.

It is common for the commission compensation to be paid in two stages; one-half of the full amount paid within 30 days of when the transaction is fully ratified, and the remaining on-half paid once the tenant takes occupancy of the lease premises.

For example, recently I was paid a three (3%) percent commission on a ten (10) year office lease and after deducting the rental abatement included in the rent, the total amount of rental to be paid over the full term was 3.4 million dollars including a two (2%) annual base rent escalation (scheduled increase) each year.  These basic terms meant commission would be paid in two payments of fifty-one thousand dollars, one half paid to me when the lease was fully executed, and the 2nd and final payment paid when the tenant moved into the space.

I this particular lease the landlord also included an incentive of an additional $1.25 per square foot of the amount of leased space, paid in one lump sum when the tenant moved into the space.  It is not common to have incentive compensation bonus payments like this, although neither is it odd.  Sometimes a vacation package might be included along with the commission, like a one week all expenses paid trip to the location of your choice.

It is also common for a broker to agree to limit the amount of commission paid when an extremely large amount of office space is being leased in a single transaction.  For instance, if a government agency or large corporation is leasing seven buildings in an eleven (11) building office park and the space totals five hundred-thirty thousand square feet (530,000 sf), the broker may agree to accept a total of one (1%) percent in total commission.

If the transaction involves a cooperating broker, that is, one agent representing the landlord and one agent representing the tenant, it is most common for both agents to be paid in exactly the same way as indicated above, only each agent gets paid one-half of the total commission, paid in two stages.

In the earlier days of the commercial leasing industry,(20+ years ago) agents were paid on the same percentage basis except that they received a monthly commission check from the landlord each month over the full lease term as and when the tenant paid their monthly rent.   

I hope this answer is helpful.

Good Luck,

-Jim

Commercial Real Estate Investment

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Jim Avancena, CPM

Expertise

Best qualified to answer questions that involve commercial leases, that is, basic issues as well as the often unexpected effects of the complexities and inter-relationships of the provisions a lease may contain, explain how seemingly innocuous text in your lease can have a major impact on a Tenant or Landlord and their business operations, and the common practices utilized in the industry. I can untangle most matters that may come up from the time a tenant begins searching for a office or store space and the lease acquisition process, concerns related to remodeling/improving the leased premises, moving-in, subletting or assigning the leased space, and a long list of problems that may come up during the lease term and even after a tenant moves out. I have practical experience with most property management issues and resolving landlord and tenant disputes - especially those involving what may appear to be overcharges assessed for additional lease charges like CAM costs, operating expense reimbursement, real estate taxes, utilities, construction improvements etc. Note that I am not an attorney and cannot provide legal advice.

Experience

Thirty years active experience in the commercial real estate industry as a licensed real estate broker in the Washington DC Metro area (DC, Northern Virginia & Maryland). I have been admitted (approved) by the Maryland and DC courts to testify as an expert witness on the subjects of Commercial Leasing and Property Management in the area of standard industry practices. I have had a business for the last 14 years advising virtually every form of business entity from large national corporations to the smallest ma & pa new businesses regarding a wide range of commercial real estate matters in addition to property management and commercial leasing.

Organizations
Currently my three children keep me so busy that it is difficult to participate in organizations with continuing and specific time requirements.

Publications
I publish a local commercial real estate newsletter titled: "Tenants First". My firm was the subject of a high profile Washington Post business section cover page (2.25 full pages) feature story on January 13, 1993; titled "Overcharging Overhead".

Education/Credentials
BA in Political Science from Memphis University, and five years of study in the real estate development summer program at MIT. I was certified as a commercial property manager (CPM-IREM), and currently hold a brokers license in Maryland and the District of Columbia.

Awards and Honors
The same plaques and honors that most others in my industry have earned. I have none that I consider especially meaningful.

Past/Present Clients
Past clients include: The World Bank, George Washington University, National Association of Criminal Defense Attorneys, US Department of Commerce, The American Benefits Council, K-Mart Development, many law firms, a national union, other major organizations, and many, many small business firms and retail operators that I am most honored to serve. I estimate more than 1,500 firms/organizations.

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