The Discount Sale - Buyback

Darryl McCullough • January 3, 2018

Fundamentally, the way to find alternative financing is to think “outside the box” of conventional approaches.

Let’s set the stage with two sample BORROWER situations.

EXAMPLE ONE

A Seller/Borrower (“BORROWER”) owns a currently appraised $1,000,000 commercial land parcel, which is free and clear. In addition, the BORROWER has an opportunity to acquire another property, which has major upside, but needs $500,000 quickly to take advantage of the opportunity. The BORROWER’s institutional lender has responded that, at this time, their appetite is not for what is being offered as security. Other unconventional sources also offer little encouragement. Where does the BORROWER go?

EXAMPLE TWO

The Borrower owns the same $1,000,000 appraised commercial land parcel. However, existing debt on the property is coming due and the Lender wishes to be paid back ASAP. The Borrower’s research of the indebted property shows major upside potential in a pre-determined period of time. Therefore, there is little interest in a quick sale at a wholesale price. The Borrower’s motivation is to simply restructure the financing.
The BORROWER, at this time, also wishes to have its financial statement adjusted.

The BORROWER and BUYER (“INVESTOR”) negotiate a “Safety First” transaction that would include INVESTOR’S required yield via BORROWER’s:

  • Required Lease-Back period; and/or
  • Agreed to possible periodic lease payments; and/or
  • Requirement to pay all property closing and ongoing operating costs; and/or
  • Buy Back Option price well below appraised value; and/or
  • etc.

BORROWER agrees to Sell INVESTOR its $1,000,000 property for $500,000 with the proviso that:

The INVESTOR agrees that BORROWER can lease the property back for three years; and
The INVESTOR gives BORROWER the option to buy the property back within the three-year lease term at a negotiated amount equivalent to: a) the INVESTOR’s required return; and b) the BORROWER’S economic advantage to trigger the option to buy back.

EXAMPLE ONE BORROWER BENEFITS
Gets the needed funds to complete that “value-added” deal. Also, BORROWER’S financial statement will now show the new value-added property and acknowledged potential asset growth via optioned land.

EXAMPLE TWO BORROWER BENEFITS
The BORROWER gets to, in effect, refinance the property. In addition, there rests opportunity to reduce liability of the BORROWER’s financial statement through the refinancing of debt, while, at the same time, acknowledging potential asset growth via optioned land.

In both examples, the BORROWER’s traditional lending sources could charge thousands of dollars in lender related costs. Secondly the time involved in the approval process could be detrimental to what the BORROWER’s time-lines are.

INVESTOR BENEFITS

The INVESTOR negotiates a competitive rate of return through a highly secure position in the property. More importantly, if the BORROWER decides not to exercise the Buy-Back option, the INVESTOR gets a $1,000,000 property for $500,000. Also, the INVESTOR, already having title, need not bear the burden of potential elongated legal remedies such as foreclosure etc.

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