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Plan Several Possible Ownership Timelines Selling When The Market Is Hot

A classic example of timing a sale was demonstrated by Leonard Kandell who made his fortune by constructing and leasing residential apartment buildings in New York City. Traditionally, he was a longterm holder. However, when the idea of converting apartment buildings into cooperative apartments became red hot, there were any number of avid buyers scrambling to buy residential rental buildings with the objective of converting them into co-op apartments, so the units could be sold individually for high prices. The problem faced by any owner wishing to convert a building to cooperative ownership was getting 15 percent of the renters in the building to agree to buy their apartmentsThat was a legal requirement in the State of New York before the owner was permitted to declare his cooperative plan effective. That’s where extensive negotiation came in. If you didn’t get 15 percent, you couldn’t declare the co-op plan effective and there was a waiting period before you could try again. So getting 15 percent of tenants to buy often involved complex negotiations relating to the price they would be willing to pay for their apartments and what they wanted the owner to do for them to induce them to become buyers. Once the co-op plan was effective, eviction proceedings were possible to permit the owner to get possession of the remaining units and sell them to new buyers. Agreeing to exorbitant payoffs to some tenants became the norm. Kandell owned many apartment buildings and he regarded his tenants as family. When I asked him why he didn’t cash in on the conversion boom he said, “I don’t want to fight with my tenants over turning their building into a co-op. Let someone else have the headaches and reap the rewards.
     Since the market for apartment buildings that are ripe for conversion to co-ops is hot, I will sell them at a premium to people who want to convert them and I’ll take the money to buy land in a good location that has a long-term ground lease.” Kandell made a conscious decision to give up the income that he had from apartment rentals, sell the buildings at high prices because of the particular demand that existed at that time, and turn the money into a safe, gilt edge, and passive investment in ground leases. Taking advantage of favorable tax treatment, he swapped a building that could go co-op for a ground lease that was owned by my old client, Sol Goldman. The land Goldman swapped was under a major office structure, known as the Newsweek building on Madison Avenue. The rate of return was lower than Kandell earned from the apartment building but it was a rock-solid investment that would ultimately appreciate in value. By repeating this investment technique, Kandell amassed a considerable fortune that he left for his heirs without the headaches connected with active ownership and operation of apartment buildings. I learned later that some of the co-op conversions of Kandell buildings never got off the ground primarily because of fights with tenants that ended up in the courts. Kandell took advantage of an opportunity to cash in when the time was ripe and changed his investment strategy to a more conservative one.
     Whenever the market is hot for the type of property you own, you should consider selling and reaping large profits, then putting the money into another type of real estate for which the demand, and the price, is not so high..
 

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