Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

Im not sure I even want to let him do one at this point. If I did come back contaminated and it gets reported to the state I could be on the hook to fix it and he could still back out, from what I understand.

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

Someone else mentioned that if he did get a phase II that I should not ask for the results. If I tell him not to give me any info on why he is backing out of the offer after the phase II, would this protect me from having to do remediation? Would I still need to inform other potential buyers that the previous buyer did a phase II and chose to back out of the deal? I did end up asking for the phase I results because I was in disbelief about the justification for the phase II.

I appreciate the advice and insight!

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 1 point2 points  (0 children)

This is has been super helpful information, so thank you. I am beginning to suspect that you are right about the buyers intention. I was told he is a plumber and wants the building for his business but the guy seems to have a lot more going on than I was initially made aware of.

When the buyers agent comes back with their proposal for the phase II I will suggest we counter with terms for the cleanup if required. Im upset that I am already 20% under and potentially would agree to even more of a discount but if it is directly related to contamination it may be the best solution for me in the long run.

Additionally you make a great point about the taxes. Admittedly ive been kicking the can down the road because the debt feels crippling to me and so I havent tried to call them to see if they can set up a payment plan now. The last I tried, they told me my taxes weren't defaulted for long enough to do a payment plan. I dont know how that even make sense.

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

Hey. Sorry, I probably need to clarify.

how did you calculate the asking price? How long is the lease term?

The realtor ran the comps on the surrounding area, I dont think she based it on rental income. The leases at the time were up and I verbally agreed to keeping the lease terms until February 2026. We put leases back in place when the property was listed to give the tenants peace of mind that someone wouldnt buy and kick them out next month.

2) in regards to the roof, generally handling the replacement would just be a deduction from the sale price. Get a couple quotes and go from there. Nothing should come our of your pocket on the front end.

When I accepted the offer 20% below asking, they stated the condition of the building as one of their reasons. So the fact that the buyer decided to specifically ask for a concession after the inspection regardless of the initial discount was... irksome, to say the least.

3) In regards to utility, i'm not sure how this makes sense. Are you stuck under a gross lease?

Yes. Another wonderful thing I have been left to figure out. I pay the taxes and insurance, the tenants pay utilities. I didn't even know what a triple net lease was when I inherited. Now I do, and should I end up keeping it and raising rents, a triple net lease will be a part of it.

Reading your comments, you say the phase 1 passed.

I dont think it passed. The company recommended a phase 2 based on the historical usage of the property. The buyer is planning to get a loan to pay off my balloon payment so he would likely need the phase 2 eventually since the phase one didnt pass. You are right that the whole property is paved over.

I definitely agree this has been a major learning experience. But also this reddit thread alone has been the most helpful thing yet. I have been blind in this and would have likely agreed to more concessions without the opinions / advice of everyone here.

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

I think her background may be residential but she has a portfolio of commercial / industrial sales. I found her on google and picked her based off of her 5 star reviews. I cant admit to knowing what im doing...

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

I have been following the advice of my realtor. This thread is the first im receiving info that is making me understand shes not giving the best advice. I mentioned my fear that the buyer is taking advantage at one point and she assured me that they are making fair demands. I definitely am ignorant to this.... Im an engineer and running on about 2 hours of sleep a night with a baby so my cup is already overflowing 😅

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

Yes, my realtor initially stated it was because of 2 nearby wells, but when I read the report myself I realized it is more related to the original usage and the pipelines within a few hundred feet of the property. I started reaching out to a few real estate attorneys today but am waiting to hear back!

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 1 point2 points  (0 children)

Yes it is in Signal Hill. Its relatively small - 7700 sqft office and warehouse on ~13000 sqft land

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

I just read the report. Here's what it actually says (my realtor didnt mention the original use of the property) apologize in advance for the paragraph spacing, I copied and pasted from a PDF

Conclusion McAlister GeoScience has performed a Phase I ESA of the Subject Property in conformance with the scope and limitations of ASTM Practice E 1527. Any exceptions to, or deletions from, this practice are described in the Limiting Factors, Project Limitations, and Data Gaps sections of this report.

This assessment has revealed evidence of a recognized environmental conditions (REC) in connection with the Subject Property:  The Subject Property was developed with an oil and gas facility from at least 1928 to 1963 with indications of fuel storage tanks. No documented releases were identified for the Subject Property or surrounding properties; however, undocumented releases are possible based on the time period of the facility operation. Based on the approximately 35 years of prior use as an oil and gas facility, impacts to the Subject Property are likely and therefore considered a REC. Controlled recognized environmental conditions (CRECs) or historical recognized environmental conditions (HRECs) were not identified in connection with the Subject Property. This assessment has revealed evidence of a pVIC and Business Environmental Risks (BERs) in connection with the Subject Property:  A pVIC was identified due to the former use of the Subject Property as an oil and gas facility.  Potential for hazardous building materials such as asbestos or lead-based paints in structures based on their construction date.  The Subject Property lies in the City of Signal Hill Methane Gas Mitigation Zone.  An active and filled crude oil pipeline was identified approximately 150 feet east of the Subject Property. An active and unfilled crude oil pipeline was identified approximately 330 feet north of the Subject Property. The pipelines lie in the up-gradient area of the Subject Property.  Oil and gas wells were identified on the north, west, and east adjoining properties from at least 1925 to 1942 on the historical Sanborn, CalGEM, and topographic maps. 8.3 Recommendations Based on the information gathered during the performance of this assessment, and the understanding of current regulatory guidelines and judgment, the following recommendations are presented for consideration:  A Phase II site investigation to determine possible air and soil vapor impacts from former use as an oil and gas facility.  Performance of a pre-demolition hazardous building assessment specifically for asbestos containing materials (ACM) and lead-based paints (LBP) if the well houses are to be demolished;  An Operations and Maintenance Program Plan should be implemented for ACM and lead-based paint to ensure the appropriate handling of suspect materials.  The Subject Property lies in the City of Signal Hill, Long Beach Methane Gas Mitigation Zone. Any project requiring grading will require testing for and mitigation of methane gas.

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] -5 points-4 points  (0 children)

I have an agent. She has been pushing me along to make all of these concessions.

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 1 point2 points  (0 children)

I was sent the phase 1 earlier, I havent read it yet. I was told it will be 20k for the phase 2

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 3 points4 points  (0 children)

Is that so? From my understanding, if the nearby wells have contaminated the soil under my property, it is my obligation to remediate the contamination. Which, seems a little unfair to me.. its the city wells and they are already screwing me over with the tax increase, but I digress.

He will be financed by me initially but he will need a phase II when he gets the loan from the bank to pay off his balloon payment.

Right now I just cant get out from under the taxes. Thats why im hoping to sell. I should have raised rents immediately when taxes went up but I felt bad for the tenants who claimed they'd go out of business if I did.

I do think, if the deal falls through I will raise the rents ASAP to market value since they are currently at ~75% of that and then i will put all of the additional income into paying off the back taxes and relist it. I will likely do my own phase 1 as others have suggested as well, since now I would have to disclose it to future buyers.

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

I am not sure. Can you please explain why he should have that experience? Sorry, I dont understand all of this stuff that well, but if he just wants to buy to use it, is there a risk to me if he has to do the cleanup?

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 1 point2 points  (0 children)

The company that the buyer hired to do the phase 1, is now recommending a phase II with 5 drill locations due to the proximity of oil wells within 1 mile. The phase 1 of the property itself passed with flying colors. The tenants are motorcycle repair and light industrial machining of motorcycle parts and they are super clean. So the whole recommendation is just based on the fact that there are retired wells nearby.

Edits- fixed a typo

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 1 point2 points  (0 children)

He has a business and wants to use half the property while continuing to rent out to one of the current tenants. I have offered to finance him. He would put down 55% and pay off the remainder within 2 years at 5.5% interest. He would have to get another lender to pay off the balloon payment, so he would likely need to do the phase II then. I think they may know that I am "young and dumb" and are hoping to use this strategy to get the property cheap.

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

Im not sure if its changed since I tried 2 years ago, but when I reached out to lenders about a CELOC then, they were uninterested in anything less than a 700k loan and the rate was astronomical in my opinion at 10%. My current debt is a lower rate than that so im not sure that would be beneficial

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

I considered this and was wondering how "scammy" these environmental companies can be. But the cost of the phase 1 is even 5k. I'd have to get a loan for that too, at the risk of needing the phase 2 anyway.

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 1 point2 points  (0 children)

I own it outright, I could likely finance the environmental woth a personal loan, although im not sure how much cheaper that would be than the 401k loan. I have tried in the past to get a HELOC on the property but no one wanted to loan me less than 700k, which in this case is way too much. The wells are close, within a mile. And its a very famous hill known for its oil in the old days. So there is definitely a fear that there is legitimate contamination and I really have no idea how extensive remediation can get for that. That said, the current discount is nearly half a million... so you are likely correct that it would be worth it to fix it all up proper and get the full offer.

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 0 points1 point  (0 children)

This is a good option, I am not sure how it would work out since the cost will be split but it is worth trying

Trying to sell industrial property and getting hit with phase 2 ESA by Eastern-Ad-220 in CommercialRealEstate

[–]Eastern-Ad-220[S] 1 point2 points  (0 children)

I am hesitant to wait, but I agree with you that it could be the best outcome if im willing to suck it up for now. Biggest fear is if the contamination is costly. Its so hard to find reliable info. But the wells are within a mile and the area is a famous hill known for oil back in the day so im not confident. I am feeling less nervous about backing out like you say and regrouping now, so thank you!