NEW YORK CITY-"Immediate concern has abated," keynote speaker Dr. Sam Chandan said, referring to the industry's general attitude towards the market. There was progress, and although transactions were down from the peak of 2006 – 2007, he explained that back then it would have been just as easy to say transactions were "hit a new unsustainable high." So things aren't quite as bad as they may seem. Kicking off the "VU 2010 Focus on Commercial Real Estate: Leasing, Retail, Sales & Development" was the global chief economist and EVP of Real Capital Analytics did not mince words, plowing through the issues facing commercial real estate as a William Jennings Bryan of CRE statistics.

The bid-ask spread had closed considerably and improvements in transaction volume were emboldening, but it is not all wine and roses. Chandan explained that much of the available capital was disproportionately focusing on the major markets, to the exclusion of others, and therefore it could be said that some of the pricing of properties did not necessarily match the underlying fundamentals of the market. "Capital has become more concentrated," he said. "Investors want to be in the more liquid markets." The focus of capital on these markets warned of another pricing bubble, but it was not too late, he explained, if investors in New York "proceed deliberately," as risks abound.

Vivian Marino, staff editor of real estate, New York Times

Nationally, the GSEs conservatorship concerned him, that while there are clamoring calls for the Treasury to stop competing with private business, Chandan pointed to an ancillary affect of the Treasury's intrusion into the private market. Namely, investors that are scared away from multifamily markets, often invest in other markets instead. With the government leaving that market, some of the private money can refocus on multifamily, but perhaps to the detriment of an office or industrial investment, for example.

Moreover, Chandan said that a major concern should still be the "weight of unresolved distress" coming onto the market. "No bank in the US that is ignoring or pretending there is not a problem with real estate," he said. But these banks do not have a mandate to sell property into a demanding market, but rather are obligated to preserve capital and the viability of their institutions by mitigating losses. The course of the next years will see assets become more available, however and that pool of distress hangs over the current pricing of assets, he explained.

"There is too much money chasing the goods," remarked Leslie Wohlman Himmel, partner Himmel + Merignoff Properties, during the panel discussion. The panel, moderated by Vivian Marino, staff editor of real estate at the Times, was comprised of Himmel; Joanne Podell, EVP of retail services, Cushman & Wakefield; Mark Weiss, vice chairman, Newmark Knight Frank; and Woody Heller, executive managing director and group head, capital transactions group of Studley.

Heller, Podell, Weiss and Himmel

Heller rhetorically asked the audience when the last time they thought a property was traded for less than it was worth, then summed it up: "Prices will continue to be aggressive." The product that came onto the market was well under what the industry had anticipated concerning distress, he explained, and the money is about normal, so prices will feel above what they should be. He said, "If you are not willing to bid for a rent spike, you will be outbid by someone who is more optimistic."

Podell said that right now the New York market is looking great for retail. The meat-packing district with the advent of the Highline is coming together and rates are rising, even below 49th street on Fifth Avenue, with a stat of 90% of New York visitors saying they come for the shopping. For now, things are looking up, particularly in the Times Square area.

Weiss was a little more dour about the outlook, saying he doesn't quite trust the positive absorption numbers, which seem to grow autonomous of new construction, making them generally suspect. Positive absorption was going up, he noted, but availability stayed the same because some companies were counting space renewals as absorption. "The market is governed by feeling," Weiss explained. "Prices will remain the same," until it feels like a recovery. He also noted that in this kind of economy, tenants adapt to rising rates. "The more expensive places become, tenants innovate and people will make do with less space," Weiss explained. He was not bullish on rates rising and creating more revenue.

Heller discussed the idea that concessions were going down, roughly by half from last year and Weiss concurred, saying it was inevitable. When there's no activity in the market, concessions rise, he explained. "Landlords bought deals, but it's an artificial point in time," Weiss pointed out. Rents will remains the same as concessions generally go back to normal. However Himmel said that from a landlord perspective, it was more about lease terms. They were seeing terms go back to 10 years with a five-year option.

Regarding new purchases Heller said there was optimism for the market, but it was going to take some work. Weiss followed up, noting that we'd already reached the bottom of the trough and anyone that bought now, would have the sick feeling in their stomach that they didn't get a great deal.

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